Delaware 2023-2024 Regular Session

Delaware House Bill HB245

Introduced
6/22/23  
Introduced
6/22/23  

Caption

An Act To Amend Title 20 Of The Delaware Code Relating To Emergency Management.

Impact

This bill aims to create a better balance of power between the legislative and executive branches in the context of emergency management. By codifying the requirement for legislative approval of prolonged emergency actions, the legislation intends to foster accountability and prevent potential overreach by the executive branch during emergencies. Notably, any order that mandates the closure of businesses or non-profit facilities must specify the types of entities affected, further delineating the scope of governmental authority.

Summary

House Bill 245 seeks to amend Title 20 of the Delaware Code concerning emergency management, establishing clearer procedural guidelines on the powers of the Governor during emergencies. The bill stipulates that the Governor may issue emergency orders for a maximum of 180 days and requires legislative approval for any order extending beyond 120 days. Furthermore, the measure mandates that any new emergency order issued within six months of a previous order must gain approval from the General Assembly, ensuring that legislative oversight is emphasized in times of crisis.

Sentiment

Discussions surrounding HB 245 reflect a mix of support and concern. Advocates argue that the bill is a necessary corrective measure to ensure transparency and protective checks on executive power. This resonates with historical fears of unchecked authority, particularly in light of recent emergency responses. Conversely, some critics express apprehension that too much legislative involvement during crises may hinder timely and effective decision-making, particularly in urgent scenarios.

Contention

Key points of contention revolve around the balance between the need for rapid governmental response in emergencies versus the importance of legislative oversight. Supporters of HB 245 argue that it is vital for safeguarding public trust in governance by requiring a formalized check on the Governor's powers. Opponents, however, contend that such restrictions could delay necessary actions during critical moments, emphasizing the need for a more agile response framework to rapidly changing emergency situations.

Companion Bills

No companion bills found.

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