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Committee advances bill to require legislative review of prolonged emergency orders and allow virtual voting
Summary
Representative Collins’ bill to require general-assembly approval for emergency orders that last longer than six months and to authorize virtual legislative meetings advanced from committee after debate on flexibility and operational impacts; the state emergency director urged caution about response speed and resource demands.
Representative Collins presented House Bill 329, proposing amendments to Titles 20 and 29 to require general-assembly approval—by concurrent resolution—if an executive emergency order is to continue beyond six months, and to authorize virtual meetings to enable such legislative action when the General Assembly is not in session. Collins said the bill preserves the governor’s emergency authority while restoring a legislative voice for prolonged emergencies.
Committee members discussed the six-month threshold, what would happen if presiding officers did not convene a special session, and experiences during COVID when legislative access was limited. Collins said he modeled the bill on existing precedents in other states and included language to prevent agency workarounds.
AJ Shaw, director of the Delaware Emergency Management Agency, testified in-person that the 180-day approval requirement could pull operational leaders away from response duties, reduce flexibility and complicate mutual-aid arrangements. Shaw asked for further written comments and raised concerns about categorization of similar emergencies.
After discussion and offers to work on clarifying language, the committee voted to release HB 329. Sponsor and supporters said the bill is intended to preserve the governor’s authority for short-term emergencies while ensuring legislative oversight if an emergency becomes protracted.
