Assemblyman Fong co-authors bill to restore legislative checks-and-balances during emergency
December 19, 2020
Assemblyman Vince Fong (R-Kern County) introduced a bill with colleague Assemblyman Jordan Cunningham (R-San Luis Obispo) that would limit the Governor's ability under the California Emergency Services Act (CESA) to unilaterally enact or change laws or regulations 60 days after the emergency was declared.
Specifically, AB 108 would require the Governor to seek approval of the Legislature for any proposed changes to laws and regulations under CESA 60 days after the emergency declaration. This bill is modeled on Emergency Powers laws in other states, and seeks to restore balance between co-equal branches of government.
"Since the Governor enacted emergency powers in March of this year, the Governor has unilaterally changed our state's laws without the input of the state legislature, which is unacceptable," said Fong. "The California Constitution places the authority to make laws solely under the legislative branch of government, but this Governor has run roughshod over these constitutional checks-and-balances. We need to restore legislative accountability and balance that is foundational to our system of representative democracy."
The bill will be referred to the Assembly Rules Committee where it will be referred to a policy committee for hearing in the coming months.
Assemblyman Vince Fong represents the 34th Assembly District, encompassing most of Kern County including the communities of Bakersfield, Bear Valley Springs, China Lake, Frazier Park, Golden Hills, Inyokern, Lebec, Oildale, Ridgecrest, Taft and Tehachapi.