California 2021-2022 Regular Session

California Senate Bill SCR5

Introduced
12/22/20  
Refer
12/22/20  
Refer
12/22/20  
Refer
2/2/21  
Refer
2/2/21  
Refer
2/10/21  

Caption

State of emergency: COVID-19: termination.

Impact

By declaring the state of emergency terminated, SCR5 aims to revert the framework of power back to the Legislature, limiting the Governor's unilateral decision-making authority during such emergencies. This measure does not prevent local governments from declaring their own emergencies, indicating an intent to maintain local autonomy while reining in executive power at the state level. This shift may impact various policies that were adjusted during the emergency, including health measures, economic responses, and public safety regulations implemented by the Governor's executive orders.

Summary

Senate Concurrent Resolution No. 5 (SCR5), introduced by Senator Melendez, addresses the need to terminate the state of emergency originally proclaimed by Governor Gavin Newsom on March 4, 2020, in response to the COVID-19 pandemic. The resolution asserts that the emergency powers granted to the Governor during this time, which included the issuance of over 47 executive orders affecting more than 200 laws, are now to be considered at an end. SCR5 emphasizes the importance of restoring a balance between the legislative and executive branches of government, arguing that the expansive powers held by the Governor under a prolonged emergency status are incompatible with democratic governance.

Sentiment

The sentiment surrounding SCR5 reflects a significant divide among legislators and the public. Supporters advocate for the end of excessive executive power and seek to uphold legislative authority as a fundamental principle of governance. They argue that prolonged emergency powers can lead to overreach and a lack of checks and balances. Conversely, opponents caution that the resolution may prematurely dismiss the persistent challenges posed by COVID-19, expressing concern for community health and safety if local governments are left with diminished resources and guidance.

Contention

SCR5 has sparked notable contention regarding the proper limits of executive power during a health crisis. Critics argue that while the emergency powers may need to be reassessed, the resolution could undermine the state’s ability to respond effectively to ongoing public health risks. Furthermore, the resolution highlights underlying tensions between state control versus local governance, with advocates for both sides asserting their right to dictate responses to emergencies and the best approaches to protect citizens' health and rights.

Companion Bills

No companion bills found.

Similar Bills

CA SCR93

State of emergency: COVID-19: termination.

CA AB1432

LGBTQ+ Pride Month.

CA ACR196

State of emergency: COVID-19.

CA SB1368

State of emergency: termination after 45 days: extension by the Legislature.

CA AB1741

Transgender Day of Remembrance.

CA AB2073

Youth Development and Engagement Month.

CA SB181

Administrative Procedure Act: repeal of regulations.

CA ACR46

State of emergency: COVID-19.