DELAWARE - House Bill 329, introduced in the Delaware House of Representatives, would limit how long a governor can declare and maintain a State of Emergency.
State Rep. Rich Collins (R-Millsboro) said the bill is meant to address what he called a structural flaw in state law and is not an attack on any governor, according to the Sussex County GOP website.
Currently, a governor can declare a State of Emergency for up to 30 days and renew it indefinitely. During that time, the governor may issue executive orders that carry the force of law. Former Gov. John Carney maintained a State of Emergency for two years during the COVID-19 pandemic, issuing dozens of executive orders.
Collins said the legislation aims to give lawmakers and citizens more oversight. “No chief executive, no matter how altruistic or well-intentioned their actions may be, should be running the state for months or years as an autocrat,” he said.
Under the proposed bill, a governor could declare a State of Emergency for up to 120 days and renew it once for an additional 60 days. Any renewal beyond 180 days would require approval from the General Assembly, which could meet virtually if needed. In extraordinary circumstances where the legislature cannot meet, approval could be waived with consent from the Senate Pro Tempore and the House Speaker, according to the bill.
The legislation would also require all emergency orders and renewals to specify the nature of the emergency, the areas affected, the conditions that led to it, and what conditions would end it.
Before House Bill 329 can become law, it must be approved by the House Administration Committee and then pass a vote in the full House. If it passes, the bill moves to the Senate for committee review and a floor vote. Once both chambers approve the same version, it goes to the governor, who can sign it, allow it to become law without a signature, or veto it. If vetoed, the General Assembly can override the veto with a supermajority vote.
