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Legislative Session After War or Disaster

If a disaster occurs, the Legislature is required to convene itself in special session immediately after

By Chris Micheli, September 28, 2024 1:00 pm

Article 2.5 deals with a Legislative Session after a war or an enemy-caused disaster. Section 9035 defines the term “disaster” to mean a war or enemy-caused calamity within this State, such as an attack by nuclear weapons.

Section 9036 specifies that, if a disaster occurs, the Legislature is required to convene itself in special session immediately after the disaster first occurs, which session must convene at the permanent seat of government in the City of Sacramento or at the temporary seat of government as established by law if the session cannot be held in the City of Sacramento. 

In addition, at the special session. the Legislature may fill any vacancies in its membership, pursuant to law, and may consider and act upon any subject of legislation that is designed to relieve or alleviate the consequences of the disaster or to restore or continue state and local government, together with other subjects within the scope of legislative regulation or control as are specified by concurrent resolution adopted by both houses of the Legislature.

Section 9037 states that, if the Legislature is convened in special session pursuant to this article on the date specified by the State Constitution for the convening of a regular session, the Legislature may convene in the regular session without adjourning the special session or it may provide by concurrent resolution that they run concurrently.

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