Senate hears 'Balance Act' to give legislature a role in terminating declared emergencies

Senate Bill 5,434, described by sponsor Senator Keith Wagner as the "Balance Act," received a public hearing on Feb. 14 in the Senate State Government & Elections Committee. The bill would authorize the legislature to terminate a governor-declared state of emergency via concurrent resolution when in session, and would permit the majority and minority leaders of the Senate and the Speaker and minority leader of the House (the four leaders) to terminate a state of emergency in writing when the legislature is not in session and the emergency has continued for 90 days.

The bill also applies the existing 30-day statutory limit to gubernatorial orders that waive or suspend statutory obligations or limitations, so such waiver orders would automatically expire after 30 days unless extended by the legislature under the same procedures that now apply to prohibition orders. Committee staff summarized current law: governors may issue orders that prohibit activities (for example, public gatherings) and orders that waive statutory requirements; the latter currently require extension by the legislature (if in session) or by leadership outside session under existing statute for certain categories of orders.

Senator Wagner framed the bill as preserving…