A measure that seeks to create a legislative check on a governor’s unfettered authority to declare and maintain a State of Emergency has passed the House of Representatives unanimously.
At present, a governor can declare a State of Emergency in response to an emergency or disaster, or when such an occurrence is imminent. A State of Emergency can be maintained for up to 30 days and then renewed for an additional 30 days, an unlimited number of times.
After declaring a State of Emergency in March 2020 due to the COVID-19 pandemic, Governor John Carney maintained it for two years, issuing hundreds of edicts in numerous orders. These orders carried the weight of law and impacted the daily lives of every Delawarean in countless ways.
While avoiding any criticism of former Gov. Carney, State Rep. Rich Collins (R-Millsboro), the prime sponsor of House Substitute 1 for House Bill 329 (as amended), said the situation revealed a need for reform.
“What we did not know was that when a long-term [State of Emergency] order is put in place, which we only had happen once in our history, the General Assembly, and even the court system, had almost no role,” Rep. Collins told the House Chamber before the vote on the bill.
Under the proposal, the governor would continue to be able to declare and maintain a State of Emergency for up to 6 consecutive months (180 days). He or she could issue a second order to extend this period if it’s still needed. However, any subsequent renewal order could be amended or terminated by the General Assembly.
The legislature would have the option of meeting virtually to consider State of Emergency actions if it could not meet in person.
The bill included an amendment that specifies the new protocol would not be initiated until the current governor, Matt Mayer, leaves office.
Rep. Collins said he hopes his bill would never need to be used. Still, he characterized the measure as a necessary safeguard that would allow the legislature to intervene in the unlikely event that a future governor acts improperly.
The bipartisan bill cleared the House, 39-0. It is now awaiting consideration by the Senate Corrections & Public Safety Committee.
