California 2021-2022 Regular Session Status: In Committee

SB 448 — California Emergency Services Act: emergency powers: limitation.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the California Emergency Services Act (CESA) , among other things, authorizes the Governor to proclaim a state of emergency in an area affected or likely to be affected thereby if (1) the Governor finds that certain conditions exist and (2) the Governor either is requested to do so by specified local officials or finds that local authority is inadequate to cope with the emergency. Upon the proclamation of a state of emergency, the CESA authorizes the Governor to exercise various, specified powers, including the power to promulgate, issue, and enforce orders and regulations that the Governor deems necessary. The CESA also authorizes the governing body of any city, county, or city and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as provided. During a local emergency, the CESA authorizes the governing body of a political subdivision, or officials designated by the governing body, to promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. This bill would enact the Emergency Power Limitation Act. The bill would require an emergency order, as defined, to be narrowly tailored to serve a compelling public health or safety purpose and limited in duration, applicability, and scope. The bill would authorize any person to bring an action to invalidate or enjoin enforcement of an emergency order that is allegedly unlawful. The bill would prohibit a state agency from issuing an emergency order that infringes on an express constitutional right, as defined, in a nontrivial manner, and would require that an emergency order issued by the Governor that infringes on an express constitutional right expire within specified time periods. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Bill Text

What changed in the latest version

1 added · 1 removed

1 line(s) added, 1 removed.

→
Previous
Latest
Bill Number Bill Keyword Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Information >> Bill Search >> Text Bill TextBill Information PDF2 Bill PDF |Add To My Favorites | Version:
Bill Number Bill Keyword Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Information >> Bill Search >> Text Bill Text PDF2 Bill PDF |Add To My Favorites | Version:
⬇ Download PDF
View plain text versions (2)

Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. Referred to Coms. on G.O. and JUD.

  3. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  4. (Ayes 32. Noes 4.)

  5. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  6. From printer. May be acted upon on or after March 19.

  7. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Melendez · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Melendez

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 448 do?
Existing law, the California Emergency Services Act (CESA) , among other things, authorizes the Governor to proclaim a state of emergency in an area affected or likely to be affected thereby if (1) the Governor finds that certain conditions exist and (2) the Governor either is requested to do so by specified local officials or finds that local authority is inadequate to cope with the emergency. Upon the proclamation of a state of emergency, the CESA authorizes the Governor to exercise various, specified powers, including the power to promulgate, issue, and enforce orders and regulations that the Governor deems necessary. The CESA also authorizes the governing body of any city, county, or city and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as provided. During a local emergency, the CESA authorizes the governing body of a political subdivision, or officials designated by the governing body, to promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. This bill would enact the Emergency Power Limitation Act. The bill would require an emergency order, as defined, to be narrowly tailored to serve a compelling public health or safety purpose and limited in duration, applicability, and scope. The bill would authorize any person to bring an action to invalidate or enjoin enforcement of an emergency order that is allegedly unlawful. The bill would prohibit a state agency from issuing an emergency order that infringes on an express constitutional right, as defined, in a nontrivial manner, and would require that an emergency order issued by the Governor that infringes on an express constitutional right expire within specified time periods. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Who sponsors SB 448?
SB 448 is sponsored by Melendez.
What is the current status of SB 448?
This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 448?
Track SB 448 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 448

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 448

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →