A Republican lawmaker is seeking to rein in the governor’s emergency powers in California, arguing the authority exercised during the COVID-19 pandemic went too far and lasted too long.
Assemblymember James Gallagher, a Republican from East Nicolaus, introduced a bill this week that would limit any state of emergency declared by the governor to 90 days. Any extension beyond that would require a vote of the Legislature.
“In emergencies, it’s certainly important that we have an executive that has the power to do things quickly, but there needs to be a balance,” Gallagher said.
Under his proposal, lawmakers would be required to weigh in if a governor seeks to continue emergency powers past three months — a change Gallagher said would provide oversight he believes was lacking during the pandemic.
“Hey, are things being done properly? Is there some oversight? Is there a need for further emergency powers or not? And I think that was a problem during COVID-19 is that this just extended for a very long time,” he said.
The proposal would amend the California Emergency Services Act, established in 1970 by then-Gov. Ronald Reagan. The law allows the governor to proclaim a state of emergency in areas affected or likely to be affected by an emergency, giving the executive authority over the Legislature to dedicate state and federal resources.
Chris Micheli, a legislative analyst, said the intent of the law is “to cut through the proverbial red tape and expedite procedures and funding.”
According to the nonpartisan Legislative Analyst’s Office, governors in these situations have extensive authority, often exercised through executive orders.
During the pandemic, Gov. Gavin Newsom issued 58 COVID-related executive orders, according to his website. He declared a state of emergency in March 2020 and issued stay-at-home orders two weeks later. The state did not fully reopen until June 2021.
“A lot of people – Democrats and Republicans – last time this felt like there needed to be more of a role for the Legislature,” Gallagher said.
Newsom faced legal challenges over some of his orders, including mask mandates and the forced closure of businesses. Courts largely sided with the governor, citing unprecedented times.
“The question really was how far does the Governor’s power or how broad is the Governor’s power?” Micheli said.
He added that concerns over legislative oversight can only be addressed by narrowing the scope of the Emergency Services Act.
“The only ability to change that or to narrow the scope of the governor’s power is to narrow the Emergency Services Act,” Micheli said.
Changing state law would require approval from both the Legislature and the governor — the process Gallagher is now initiating.
Newsom’s office declined to comment, noting it does not typically comment on pending legislation. The Democratic caucus also declined to comment.
Representatives of local restaurants, businesses and jurisdictions were contacted about potential local impacts of state mandates but declined to comment, saying the bill is in its early stages.
The bill is set to be heard in its first committee hearing in the coming weeks. We’ll likely see more legislators weigh in should the bill advance.
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