State of emergency: Governor’s powers and termination.

Plain English Breakdown

The bill summary and digest text do not specify that the governor must terminate an emergency at the earliest possible date based on safety conditions. The requirement for automatic termination after 90 days unless extended by the Legislature is mentioned, but there are no details about how the governor decides when it's safe to end an emergency.

State of Emergency: Rules for the Governor

This law changes how much power the governor has during emergencies and sets rules for ending an emergency.

What This Bill Does

• Changes what powers the governor can use during a state of emergency to include all executive power, not just police power.
• Sets a rule that if the governor does not end an emergency after 75 days, it will automatically end unless the Legislature agrees to extend it.

Who It Names or Affects

• The Governor
• State agencies and local officials

Terms To Know

Executive power

All of the authority given by law to run a government, including making decisions and giving orders.

Police power

The ability of the state to make laws for public safety, health, morals, and general welfare.

Limits and Unknowns

• Does not specify what happens if the Legislature does not extend an emergency after 90 days.
• Does not explain how the governor decides when it is safe to end a state of emergency.

Official Summary Text

AB 1835, 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, instead, would 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.
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 require a state of emergency that has not been terminated by the Governor to automatically terminate 90 days after the Governor’s proclamation unless the Legislature extends it by a concurrent resolution, as specified.

Current Bill Text

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