Legislators make another attempt to rein in governor’s emergency power

State Rep. Rich Collins (R-Millsboro) and State Sen. Bryant Richardson (R-Seaford) are making another attempt to rein in the governor’s emergency powers.

At present, the governor has the power to declare a state of emergency and extended it indefinitely in 30-day intervals. The current coronavirus state of emergency has been in effect since March as the virus continues to surge in the state.

In a release, the legislators said the bill should not be viewed as a criticism of Gov. Carney, but rather as a reaction to the flaws of Delaware’s current State of Emergency law. Both have been critical of some aspects of the order governing businesses.
The new bill (House Bill 49) is similar to legislation introduced by the two lawmakers late last April. It would preserve the governor’s ability to declare an initial State of Emergency for up to 30 days.
However, a state of emergency extending beyond that period would need legislative approval, as would any modifications made to subsequent orders.
The bill is currently pending action in the House Administration Committee.
With Democrats controlling both houses and the governor’s office, prospects for the bill going anywhere are dim.