SB 923

Under current law, the governor may issue an executive order declaring a state

of emergency if he or she determines that an emergency exists due to disaster, public

health emergency, or computer or telecommunications systems. Under current law,

a state of emergency cannot exceed 60 days, unless it is extended by joint resolution

of the legislature, and the executive order may be revoked at the discretion of either

the governor by executive order or the legislature by joint resolution.

This bill requires the governor to submit a copy of any order declaring a state

of emergency that may exceed 30 days to the Joint Committee on Legislative

Organization. Under the bill, if the cochairpersons of JCLO do not notify the

governor that JCLO has scheduled a meeting to review the order within 14 working

days after the date the governor submits the order, the state of emergency may last

for up to 60 days. If, within 14 working days after the date the governor submits the

order, the cochairpersons of JCLO notify the governor that JCLO has scheduled a

meeting to review the order, the state of emergency may exceed 30 days only if

approved or as modified by JCLO. This bill applies retroactively to any executive

order declaring a state of emergency that is in effect on the effective date of the bill.

Under current law, a person who fails to comply with an order issued by the

Department of Health Services for the control of an outbreak or epidemic may be

imprisoned for not more than 30 days or fined not more than $500 or both. Under

this bill, if a person is arrested for such a violation, the arresting law enforcement

agency must immediately report the arrest to the legislature.

This bill provides that any statewide order issued by DHS or any other state

agency requiring individuals to stay at their home or place of residence for reasons

related to an epidemic, pandemic, or communicable disease may not go into effect

unless legislation authorizing the specific order is enacted.

Under current law, the governor may issue an executive order declaring a state

of emergency. During a declared state of emergency, state agencies have authority

to issue orders and otherwise act to respond to the emergency. Regardless of whether

a state of emergency has been declared, under current law, without additional

approval, DHS may, among other things, close schools and forbid public gatherings

in schools, churches, and other places to control outbreaks and epidemics, and

authorize and implement all emergency measures necessary to control

communicable diseases.

This bill requires that before any ban of gatherings of 50 or fewer individuals

goes into effect, a written report be submitted to the legislature detailing the

justification for the ban, including how the restrictions in the order serve a

compelling governmental interest and are narrowly tailored to achieve that

compelling governmental interest.