A new reform bill introduced in the State House of Representatives this week would limit the power of Delaware governors to declare and maintain a State of Emergency.
State Rep. Rich Collins (R-Millsboro) said his legislation is intended to address a fundamental structural flaw and should not be perceived as an attack on the office of the Chief Executive.
At present, a governor can declare a State of Emergency to address an unforeseen calamity and retain it for up to 30 days. The governor can then renew the order indefinitely as many times as they deem appropriate. During this period, the governor may issue executive orders that carry the force of law. Former Gov. John Carney maintained a State of Emergency for two years (March 2020 to March 2022) during the COVID-19 pandemic, issuing dozens of executive orders.
Rep. Collins said that while his bill is not a criticism of Gov. Carney or his actions during the pandemic, the dynamics of that situation highlighted the need for reform.
“Every legislator in the General Assembly was contacted by countless constituents during those two years, but we had no real ability to impact the situation. Both lawmakers and citizens had little recourse to having their concerns addressed other than to send an email to the governor’s office and keep their fingers crossed,” Rep. Collins said. “No chief executive, no matter how altruistic or well-intentioned their actions may be, should be running the state for months or years as an autocrat. There needs to be a common-sense check placed on that unlimited authority as a safeguard against potential abuse and to give our citizens a voice in the process.”
Among the reforms included in House Bill 329 are the following:
- The measure recognizes the need for a governor to act quickly in dire, unexpected circumstances. The governor would have the authority to declare a State of Emergency for up to 120 days and renew it once for an additional 60 days (approximately six months in total).
- After the first 180 days expired, the General Assembly’s consent would be required to renew the order for up to 90 additional days. Subsequent renewals would follow the same protocol. If needed, the legislature could accomplish this by meeting virtually.
- If circumstances were so severe that the General Assembly could not meet in any fashion, the need for legislative approval could be waived with the consent of the Senate Pro Tempore and the Speaker of the House.
- All orders and renewal orders would be required to indicate the nature of the emergency, delineate the geographical areas threatened, describe the conditions that led to the emergency, and specify what conditions would have to be met for terminating the State of Emergency.
The proposal has drawn limited bipartisan support and is pending action in the House Administration Committee.
