The Governor’s Powers Under the Emergency Services Act

scocablog ^ | March 19, 2020 | Stephen M. Duvernay and Brandon V. Stracener

[artichokegrower]

The Emergency Services Act gives California’s governor broad emergency authority. Typically, the state constitution requires policy decisions (what we should do going forward) to be made through the deliberative legislative process.[1] But in a crisis, that authority (what we should do right now) may be consolidated and exercised by one executive.

[artichokegrower]

After declaring an emergency, a governor may disregard statutory law to direct state resources in responding to the crisis. By granting the governor these powers, the state legislature delegated its power to fix public policy and deploy funds during emergencies. This raises some separation of powers concerns that, while meritorious, have not proved so severe that California risks dictatorship.

That is a matter of opinion

[BipolarBob]

This varies state to state but an “emergency” only lasts so long and then the legislature needs to step in and slap someone down. Them or the courts.

[cloudmountain]

Gavin Newscum....that's his new nickname, from what I've read.

He sure does seem full of himself.

[Paladin2]

The “crisis” is over.

Time for the legislatures to step up.

[SoCalCynic]

I thought it was Gruesome Newsom

[Crim]

No state law trumps your inalienable rights enumerated in the United States constitution.

We fought a war over that already.

We won.

[woodpusher]

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=8571.

Government Code - GOV
TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980]
(Title 2 enacted by Stats. 1943, Ch. 134.)

DIVISION 1. GENERAL [8000 - 8899.72] ( Division 1 enacted by Stats. 1943, Ch. 134. )

CHAPTER 7. California Emergency Services Act [8550 - 8669.7] ( Chapter 7 added by Stats. 1970, Ch. 1454. )

ARTICLE 3. Powers of the Governor [8565 - 8574] ( Article 3 added by Stats. 1970, Ch. 1454. )

8571.

During a state of war emergency or a state of emergency the Governor may suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, including subdivision (d) of Section 1253 of the Unemployment Insurance Code, where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency.

(Amended by Stats. 1990, Ch. 1474, Sec. 1.)

[Adder]

The emergency powers of every state should be reviewed and amended after this debacle.
The idea of a rolling perpetual state of emergency is not what was intended. If it WAS intended, it needs to end.
Doubt it will happen in a dumble state like Kali, but maybe in some it will.

[cloudmountain]

I thought it was Gruesome Newsom

Of course, that was the slam dunk at first.
Now, he's graduated to a new and better name!