Senator puts forward bill to limit Governor’s, agencies’ emergency powers

Sen. Melissa Melendez, R-Lake Elsinore, today introduced legislation seeking to limit and narrowly define the governor's emergency powers.

"It's been a year since Gov. Newsom declared a state of emergency for California," Melendez said. "Since that day, thousands of businesses have permanently closed their doors; millions of Californians have lost their jobs and are on unemployment; the Employment Development Department has doled out billions of dollars in fraudulent claims; and shuttered schools have tarnished the educational experience for California children. It's time we take this unilateral control away from the governor for good because Californians have had enough."

Under Melendez's Senate Bill 448, all future emergency declarations would need to be clearly defined with a stated duration and scope. The bill would firmly establish that the Legislature maintain an oversight role, either agreeing or disagreeing with a governor's determinations, she said.

SB 448 would further prohibit any state agency from issuing emergency orders that impair constitutional rights.

"If the Legislature won't act to end the current state of emergency ... and return response efforts to the locals where they belong, then we must change the rules a future governor may follow when exerting their authority," the senator said.

Melendez and other Republican lawmakers last summer sponsored Senate Concurrent Resolution 5, which sought to end the coronavirus state of emergency that Newsom declared last March by forcing the Legislature to vote on its validity. The resolution failed to gain traction.

Newsom has consistently maintained that his stream of executive orders tied to the statewide COVID-19 response have been based on efforts to contain and mitigate the virus, in the interest of public health.

He was sued by Assemblymen James Gallagher, R-Yuba City, and Kevin Kiley, R-El Dorado, resulting in a trial court issuing an injunction in November that prohibited Newsom from continuing to issue emergency orders in lieu of legislative action. However, that injunction was tabled pending appeal by the governor.

In his appellate brief, he said his orders were in response to "the most serious crisis in modern California history" and that he has exercised his authority under the California Emergency Services Act to prevent "uncoordinated (and) haphazard action'' that could make matters worse during the pandemic.