“This act may be known and cited as the bipartisan approach to legislative authority necessary in continuing emergencies (BALANCE) act of 2023.” Despite being pre-filed on December 19, 2022, the Senate State Government & Elections Committee refused to hold a public hearing this year on SB 5063. Rather than consider HB 1535, a higher priority for the committee was spending time approving HB 1020 (Declaring state dinosaur).Įmergency powers reform didn’t fare any better in the Senate. Accordingly, this act is designed to ensure adequate legislative involvement in long-lasting states of emergency.” However, for long-lasting states of emergency when the continuity of government has not been disrupted, the legislature finds that each of the branches of government has a role to play. “The legislature recognizes that the executive branch is well-equipped to confront emergencies and lead responses. Though introduced on January 24, the House State Government & Tribal Relations did not even hold a public hearing on HB 1535.
They are HB 1535 (Increasing legislative involvement in gubernatorial proclamations relating to a state of emergency) and SB 5063 (Establishing balanced legislative oversight of gubernatorial powers during a declared emergency). Two bills were introduced this year to reform the state’s emergency powers. Instead, these important reform efforts received strike four (no changes in 2020, 2021, 2022, or 2023), clearly communicating that the current majority legislative leadership is comfortable with the executive branch having a blank check to make policy when an emergency is declared. There was hope that with the Governor’s nearly 1,000-day governance by emergency orders finally expired, the legislature this year would give a fresh look at the statutory imbalance concerning checks and balances present in our emergency powers statute. Unfortunately, efforts to reform the state’s emergency powers died yet again this year without even the courtesy of public hearings. That said, when a bill doesn’t even receive a public hearing, it’s safe to call it double-dead. It’s true that no bill is really dead until the legislature adjourns.
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