Tell your elected officials to SUPPORT appropriate separation of powers by voting FOR HCR2039.
Put a check on HOBBS! No radical closures, mandates or inappropriate emergency powers!
HCR2039 would create a Constitutional limitation on the Governor’s emergency powers by requiring the legislature to be called into session to reauthorize a declaration of emergency.
Currently, the legislature may end an emergency declaration by majority vote of a concurrent resolution. However, if they are not in session, there is no mechanism to call themselves into session to do so.
HCR2039 would do the following:
- Restricts executive power, ensures checks and balances and provides legislative oversight
- Does not expand executive emergency powers - those exist in statute currently
- Some existing statutory provisions are too broad. To change them legislatively would require the approval of the Governor. These could be challenged in court, and HCR2039 wouldn't change that - they can still be challenged.
- Ensures that 10 days after a Governor declares a state of emergency, the legislature is called into Special Session, and the legislature can, by simple majority, terminate any emergency declaration.
- Ends the current practice of "active" emergency declarations for decades