WeVote
Log In

Bill

Bill

S 1435

Restores the legislative checks and balances to any emergency declaration that exceeds 45 days and ensures judicial due process rights for any action that impairs fundamental constitutional rights

2025 Regular Session Introduced by George Borrello and 2 co-sponsors

S 1435 - Restores Legislative Checks on Emergency Declarations OverviewBill Number: S 1435 Title: Restores the legislative checks and balances to any emergency declaration that ex

REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
0
WeVote Research Nonpartisan
Bill Summary · S 1435

S 1435 - Restores Legislative Checks on Emergency Declarations

Overview

Bill Number: S 1435
Title: Restores the legislative checks and balances to any emergency declaration that exceeds 45 days and ensures judicial due process rights for any action that impairs fundamental constitutional rights
Status: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
Introduced: April 10, 2025

Purpose and Intent

This bill aims to restore legislative oversight and due process for emergency declarations that extend beyond 45 days. It seeks to address concerns that prolonged emergency powers can lead to overreach and infringement of individual rights without proper checks and balances.

Key Provisions

  • Requires any emergency declaration lasting more than 45 days to be approved by the state legislature through a joint resolution
  • Mandates the state legislature to review and vote on extending emergency declarations every 30 days after the initial 45-day period
  • Ensures individuals have the right to judicial review of any government actions taken under emergency powers that restrict their fundamental constitutional rights
  • Prohibits the government from suspending or altering statutory deadlines or time limitations during an emergency declaration

Affected Parties and Impacts

  • State government officials, including the governor and executive agencies, would be subject to increased legislative oversight and potential termination of emergency declarations
  • Individuals whose rights are impacted by emergency actions would gain the ability to challenge those actions in court
  • The public would have more transparency and input into the continuation of emergency declarations beyond the initial 45-day period

Procedural and Timeline Considerations

This bill has been referred to the Senate Veterans, Homeland Security and Military Affairs Committee for consideration. If reported favorably, it would then proceed to a full Senate vote. Passage would require a simple majority in both the Senate and House. The governor would then have the opportunity to sign or veto the legislation.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.