AB 69: States of Emergency

On December 7, the first day of the California Legislature’s 2021-22 Session, Assembly Members Kevin Kiley and James Gallagher introduced Assembly Bill (AB) 69, which deals with states of emergency. AB 69 would amend Section 8629 of the Government Code, which is part of the California Emergency Services Act.

AB 69 would require a state of emergency to terminate 60 days after the Governor’s proclamation of the state of emergency, unless the Legislature extends it by a concurrent resolution. In addition, AB 69 would prohibit a concurrent resolution from extending a state of emergency by more than 60 days.

Section One of the bill would amend Government Code Section 8629 with the following additional language:

(a) The Governor shall proclaim the termination of a state of emergency at the earliest possible date that conditions warrant. All

(b) (1) The state of emergency shall terminate 60 days after the Governor’s proclamation pursuant to Section 8625 unless the Legislature extends it by a concurrent resolution subject to paragraph (3) before its termination.

(2) The Legislature may, by a concurrent resolution subject to paragraph (3), extend a state of emergency before its termination pursuant to paragraph (1) or pursuant to a previous concurrent resolution.

(3) A concurrent resolution of the Legislature pursuant to paragraph (1) or (2) shall not extend a state of emergency by more than 60 days beyond the prior date of termination set by paragraph (1) or the most recent concurrent resolution, whichever is later.

(c) All of the powers granted the Governor by this chapter with respect to a state of emergency shall terminate when the either of the following occur:

(1) The state of emergency has been terminated by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end.

(2) The state of emergency terminates pursuant to subdivision (b).

AB 69 is likely to be heard in its first policy committee in March 2021.