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House panel narrows emergency powers in bill that spurs public concern over governor authority
Summary
The committee advanced SB 2151 with amendments to clarify limits on gubernatorial emergency powers and to preserve public-access rules, but public speakers urged broader repeal of Chapter 127A and explicit constitutional safeguards.
The House Judiciary committee voted April 8 to advance Senate Bill 2151 — a package of changes that would clarify state and local authority during declared emergencies and allow the Legislature and county councils to terminate proclamations.
The measure revises definitions for "catastrophic harm," "disaster" and "severe weather warning," requires certain reporting to the Legislature and inserts provisions to prevent suspension of public-records access during emergencies. The committee adopted amendments proposed by the chair to explicitly prohibit emergency proclamations from suspending access to records under chapter 92F and vital records protections under section 338‑18 and to ensure agencies may still deny records where the law independently authorizes such denials.
Earthjustice told the committee the bill restores constitutional balance after recent court guidance and preserves preparedness powers for governors and mayors. But several civic and faith-based testifiers urged stronger protections: they sought repeal or wholesale rewrite of Chapter 127A, removal of language that permits action "in the governor's opinion," and explicit prohibitions on warrantless entry, property seizure and suspension of laws during emergencies.
"Because of the words that were chosen here, it looks like the legislator is putting the governor's opinion and the mayor's opinion above the law," said a representative of a faith coalition, summarizing concerns about language that appears repeatedly in the draft.
The committee adopted several amendments that narrow the governor's unilateral authority, shift some decision points to the Legislature, and require chapter 91 rulemaking in defined areas so stakeholders can comment. Chair David Tarnis said the changes were intended to preserve the executive's ability to respond in an emergency while restoring legislative oversight and public-procedure protections.
Outcome and next steps: SB 2151 was advanced to the next phase (conference committee) with amendments including explicit records exceptions and cross‑references to ensure the bill's limits apply to all suspension provisions; supporters asked for further amendments during conference.
