California 2021-2022 Regular Session

California Assembly Bill AB2902

Introduced
2/18/22  
Introduced
2/18/22  
Refer
3/17/22  

Caption

State of emergency: termination after 30 days: extension by the Legislature.

Impact

The passage of AB 2902 would fundamentally alter the existing protocols outlined in the California Emergency Services Act, which currently grants the Governor wide-ranging powers during a state of emergency. By necessitating regular legislative oversight for extensions, the bill aims to ensure that the duration of emergency declarations is kept in check and requires greater accountability from the executive branch. The legislative oversight proposed by this bill is intended to prevent potential abuses of power during prolonged states of emergency, reflecting a push for more balanced governance during crises.

Summary

Assembly Bill 2902, introduced by Assembly Member Kiley, seeks to amend Section 8629 of the Government Code related to the termination of a state of emergency in California. The bill sets a clear timeline for how long a state of emergency can legally last after being proclaimed by the Governor. Specifically, it stipulates that a state of emergency must terminate 30 days after the Governor's proclamation unless the Legislature intervenes to extend it through a concurrent resolution. This extension process is also limited to no more than 30 days at a time, thereby setting a ceiling on the duration of any extension granted by the Legislature.

Contention

Notably, there are points of contention surrounding this bill. Supporters argue that it promotes transparency and prevents indefinite extensions of emergency powers, safeguarding civil liberties against governmental overreach. Critics, however, may argue that the restriction of the Governor's powers during critical emergency situations could hinder swift and necessary responses in times of crisis. This bill raises questions about the appropriate balance between effective governance during emergencies and the preservation of legislative oversight, indicating a rift in perspectives regarding emergency management in California.

Companion Bills

No companion bills found.

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