Bill Text: CA AB1075 | 2023-2024 | Regular Session | Introduced
Bill Title: State of emergency: Governor’s powers and termination.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1075 Detail]
Download: California-2023-AB1075-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1075
| Introduced by Assembly Member Gallagher |
February 15, 2023 |
An act to amend Sections 8627 and 8629 of the Government Code, relating to state of emergency.
LEGISLATIVE COUNSEL'S DIGEST
AB 1075, as introduced, Gallagher.
State of emergency: Governor’s powers and termination.
Existing law, the California Emergency Services Act (CESA), among other things, authorizes the Governor to proclaim a state of emergency in an area affected by or likely to be affected thereby, if specified conditions exist and either specified local officials request the Governor to make that proclamation, or the Governor determines that local authority is inadequate to cope with, the emergency. During a state of emergency, existing law confers on the Governor, to the extent the Governor deems necessary, complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the state to effectuate the purposes of the CESA.
This bill would, instead, authorize the Governor to exercise within the area designated all executive power vested
in the state by the Constitution and laws of the state to effectuate the purposes of the CESA. The bill would also make various nonsubstantive changes to these provisions.
Existing law requires the Governor to proclaim the termination of a state emergency at the earliest possible date that conditions warrant. Existing law requires all of the powers granted to the Governor by the CESA with respect to a state of emergency to terminate when the state of emergency has been terminated by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end.
This bill would instead require that a state of emergency automatically terminate 60 days after the Governor’s proclamation unless the Legislature extends it by a concurrent resolution, as specified. The bill would prohibit a concurrent resolution from extending a state of emergency by more than 30 days, as
specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8627 of the Government Code is amended to read:8627.
During a state of emergency the Governor shall, to the extentSEC. 2.
Section 8629 of the Government Code is amended to read:8629.
(a) The Governor shall proclaim the termination of a state of emergency at the earliest possible date that conditions warrant.(b) (1) The state of emergency shall automatically terminate 60 days after the Governor’s proclamation pursuant to Section 8625 unless the Legislature extends it by a concurrent resolution subject to paragraph (3) before its
termination.
(2) The Legislature may, by a concurrent resolution subject to paragraph (3), extend a state of emergency before its termination pursuant to paragraph (1) or pursuant to a previous concurrent resolution.
(3) A concurrent resolution of the Legislature pursuant to paragraph (1) or (2) shall not extend a state of emergency by more than 30 days beyond the prior date of termination set by paragraph (1) or the most recent concurrent resolution, whichever is later.
(c) All of the powers granted the Governor by this chapter with respect to a state of emergency shall terminate when the
either of the following occur:
(1) The state of emergency has been terminated
terminates by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end.
(2) The state of emergency terminates pursuant to subdivision (b).
