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Home Got a question? Try Ask the MMA What emergency powers does governor have during state of emergency?

What emergency powers does governor have during state of emergency?

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December 28, 2005


Q: What emergency powers does the governor have during a state of emergency?

A: The governor is authorized, for example, to take and use property for the protection of the commonwealth. Actions such as ordering evacuations, restricting access, implementing curfews, or ordering driving bans can be stated in the declaration to protect health and welfare if warranted. The governor is also authorized to issue executive orders to meet the needs of a threat, emergency or disaster. These orders have the force of law and supersede existing law if there is any conflict between a law and the executive order. The governor may also request federal agency assistance. The governor is given these broad emergency powers through a number of sources, including the Massachusetts Constitution, which vests supreme executive power in the governor, and Chapter 639 of the Acts of 1950, which spells out the commonwealth’s preparation for and response to emergencies and disasters.

Source: Massachusetts Emergency Management Agency