In general, a federal mask obligation can be ordered for persons and things that fall directly within the Confederation`s jurisdiction. While there is no specific federal law on mask requirements, health laws empower the executive branch to enact rules “to prevent the importation, transmission, or spread of communicable diseases from abroad into states or possessions, or from one state or possession to another state or possession.” Congress also has the power, under the spending clause and the trade clause, to influence state mask mandates by providing financial incentives or regulating certain interstate business activities. In California, the new state mandate does not mention fines for non-compliance. However, even if that were the case, it would indeed be for the law enforcement authorities to decide whether or not to enforce the sentences. Several California sheriffs have already indicated that they will not monitor mask codes. SB 48 Status: Failure – adjourned (extraordinary session) Limits the duration of declarations of emergency, unless the extension is approved by the legislator. SCR 8 Status: Failure – Adjourned (Special Session) Suspends certain provisions relating to the definition of a public health emergency for the purposes of the Health Emergency Powers Act. Michigan SB 858 Statute: Veto Reduces the duration of orders, proclamations and directives issued by the Governor under the Emergency Management Act. HR 250 Statute: Adopted empowers the Speaker of the House of Representatives to take legal action on behalf of the House of Representatives to increase authority and action during the coronavirus pandemic. SR 114 Statute: Adopted Empowered the Senate Majority Leader to take legal action on behalf of the Senate to challenge the authority and actions of the Governor during the coronavirus pandemic. Minnesota HB 4572 Status: Failed – Adjourned Refers to public health, ends a declared peacetime coronavirus emergency, extends certain coronavirus-related executive orders, provides additional measures to protect public health. HB 4592 Status: Failed – Adjourned Relates to public safety, requires the consent of the legislature to extend the duration of a peacetime emergency declared by the governor, limits the duration of peacetime emergency extensions. While the details may vary, state mask warrants can be issued in two ways that give them that force of law.
NH H.B. 63 Status: Pending Requires the state not to enforce and rescind a previous determination of a violation of the governor`s emergency orders regarding the 2019 coronavirus pandemic, the bill also provides for the overturning of a criminal arrest or conviction for violating an emergency order issued in response to the coronavirus disease in 2019. NH H.B. 187 Statute: Adopted in relation to the emergency powers of the Health and Social Services Commissioner and the composition of the Health and Social Services Oversight Committee. Requires the Commissioner to notify the Speaker of the House of Representatives, the Speaker of the Senate, the Chair of the House Committee on Health, Social Services and Senior Affairs and the Chair of the Senate Committee on Health and Human Services of the impending issuance of emergency orders under this section and provide a description of those orders. It also provides that the legislature may repeal an emergency decree issued under this chapter by a majority of the Senate and the House of Representatives. A majority of votes shall be constituted by a majority of the members of each Chamber present and voting, acting separately. The power of the Commissioner to renew an emergency regulation under this chapter shall terminate by a majority vote of both Houses under this section; provided, however, that such a vote does not prevent the Commissioner from issuing a new emergency decree for various reasons during the state of emergency. NH H.B. 275 Statute: Pending Revises the governor`s emergency management powers and requires the legislature or executive council to extend the state of emergency. NH H.B. 277 Statute: Failure Provides that any House of the Legislature, acting individually, may terminate an emergency order by petition.
NH H.B. 280 Statute: Pending Provides that the legislature may terminate an emergency order or part of an emergency order by simultaneous resolution passed by a majority vote of each House. NH H.B. 417 State: Pending terminates the state of emergency declared by the governor after a certain number of days and modifies the extension procedure, requires that all orders issued during the period of extension of the state of emergency require the prior approval of the legislature, requires the approval of the Executive Council when accepting services, equipment, federal government supplies, materials or funds. NH H.B. 433 Status: Failure Allows the governor to extend a state of emergency only once, after which it must be extended, with some exceptions, by a concurrent legislature. NH H 1037 Status: Pending Refers to the functions of the governor during a state of emergency. NH H 1321 Status: Pending Refers to the governor`s power to declare a state of emergency. NH LSR 220 status: Failed Replaces certain emergency declaration powers.