Introduced on December 16 by Assemblyman Jordan Cunningham, Assembly Bill 108 would limit the Governor’s emergency orders and regulations under the California Emergency Services Act (CESA). AB 108 would amend Government Code Section 8567.
AB 108 would permit an order or regulation, as well as an amendment or rescission, issued under CESA 60 or more days after the Governor’s proclamation to take effect only if approved by a concurrent resolution of the Legislature.
Section One of the bill would add a subdivision (b)(2) as follows: “An order or regulation, or an amendment or rescission thereof, issued pursuant to Sections 8571 and 8627.5 during a state of war emergency or state of emergency made 60 or more days after the proclamation shall take effect only upon adoption of a concurrent resolution of the Legislature approving the order or regulation.”
Under renumbers subdivision (b)(1), the law remains that orders and regulations “shall be in writing and shall take effect immediately upon their issuance, except as provided in” proposed (b)92). Under renumbered subdivision (c), the law remains that “whenever the state of war emergency or state of emergency has been terminated, the orders and regulations shall be of no further force or effect.”
Essentially AB 108 keeps the Governor’s powers intact under CESA for the first 60 days of a declared state of emergency. However, after the expiration of those 60 days, any further orders and regulations will require the concurrence of a majority of the Senate and Assembly.
“California has been under a Governor-issued state of emergency for 287 days, and for 287 days, the Governor has been unilaterally changing laws and regulations with zero input from the Legislature,” said Cunningham. “The Legislature is a co-equal branch of government. Under our Constitution, it is supposed have the principal lawmaking powers of the state. It’s time to restore California to a constitutional democracy, and ensure that a governor no longer has unlimited and indefinite and unilateral power.”
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