What is a State of Emergency?

State of emergency is a general term that can cover a wide range of situations. It can be used by governments in both democracies and dictatorships to manage disasters, public order crises, or even wartime. However, state of emergency powers allow a government to override rights and liberties that are normally protected by law and the constitution. This allows authorities to confiscate property, suspend elections and civil liberties, limit the right to free speech, limit free movement, prohibit protests, impose curfews, close businesses and schools, and much more.

State emergency declarations can also affect the use of certain federal funds and programs. To access certain funding a Governor must certify that the disasters or emergencies he or she has declared are affecting significant portions of the State, and that local and State commitments (of which the State must contribute a substantial proportion) are in compliance with all applicable cost-sharing requirements.

During a state of emergency, the Governor can also issue emergency rules that may modify existing rules or procedures, such as restrictions on personal leave or shift assignments. These rules are typically short-term and can be revoked as the situation normalizes.

Some States have specific statutes that define a state of emergency, while others may have an ambiguous definition that could encompass anything from natural disasters to disease epidemics. These laws often have detailed requirements on when a state of emergency can be declared, and the types of authorities that flow from such a declaration.