State of emergency: termination after 45 days: extension by the Legislature.
If enacted, SB 1368 would substantially influence the authority of the Governor during states of emergency. It aims to balance executive power with legislative oversight, ensuring that the prolonged exercise of emergency powers is justified by ongoing conditions. This shift could lead to more responsive governance practices, allowing for legislative accountability and preventing potential overreach or indefinite extensions of emergency authority without appropriate checks.
Senate Bill No. 1368, introduced by Senator Dahle on February 18, 2022, proposes an amendment to Section 8629 of the Government Code regarding the termination of a state of emergency in California. The bill stipulates that a state of emergency will automatically terminate 45 days after the Governor's proclamation, unless the Legislature explicitly extends it through a concurrent resolution. This amendment seeks to create a more systematic and timely process for ending emergency declarations, responding to concerns regarding the prolongation of emergency powers without legislative oversight.
The discussion surrounding SB 1368 may highlight tensions between those favoring executive flexibility in crisis management and those advocating for legislative accountability. Proponents argue that timely termination of emergency powers aligns with democratic principles by preventing any single branch of government from maintaining unchecked authority. Critics, however, may express concerns about the risks of hastily ending states of emergency, especially in situations where prolonged state intervention may be necessary for public safety and health.