Bill Proposes Term Limit On States Of Emergency

Allen Matkins
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Allen Matkins

In June of last year, I addressed the question of when a gubernatorially state of emergency ends.  Government Code Section 8629 requires the Governor to proclaim a termination of a state of emergency "at the earliest possible date that conditions warrant".  However, the courts appear to be reluctant to become involved.

Two members of California's Assembly have introduced a bill that would terminate a state of emergency 60 days after the Governor’s proclamation unless the Legislature extends it by a concurrent resolution.  The bill, AB 69, would further prohibit the legislature from extending the state of emergency by more than 60 days.  It is unclear whether the Governor could simply declare a new emergency based on the same exigencies.  

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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