NOTABLE CHANGES TO STATE EMERGENCY GOVERNANCE IN 2022
In 2022, only two states amended their emergency power laws substantially enough to alter their score in the 2023 50-state Emergency Powers Scorecard: Arizona and Virginia. Lawmakers in both states passed bills dealing with the time limits of states of emergency declared by their governors, considerably raising the score and corresponding overall ranking of both states.
Arizona’s SB 1009 specified that governor-declared states of emergency and extensions thereof may not exceed 30 days at a time, and each continuous state of emergency shall terminate after 120 days, unless extended by a concurrent resolution of the legislature. Because of SB 1009, upon termination of a state of emergency, the governor also may not proclaim a new emergency based on the same conditions as the previous emergency without a concurrent resolution. Passage by the Arizona legislature, and the subsequent signature from Gov. Doug Ducey, raised Arizona’s rubric score by 17 points, from 39 to 56 total, bringing the state up from 49th to tied for 25th among all US states. Prior to passage, the length of states of emergencies in Arizona were open ended.
Virginia’s HB 158 (also known as SB 4) limited the effect of emergency orders to 45 days after issuance by the governor. It also states that, unless altered by the legislature within the 45-day period, “the Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency.” Upon passage of HB 158, Virginia’s rubric score rose 14 points, from 43 to 57 total. It moved Virginia up in the 50-state rankings from tied for 42nd to tied for 17th.
Changes made to state emergency powers laws were limited in 2022, likely because it was an election year, in which many states have truncated legislative sessions. As the urgency and heightened emotions around the pandemic response fade, and lawmakers from across the political spectrum apply an objective standard by which to judge the powers of their chief executives, 2023 could be a big year for emergency power reform.