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Bill to Change Governor’s Control of State of Emergency Orders Dies

Rotunda in the Alabama Capitol. (Source: Todd Stacy, Alabama Daily News)

MONTGOMERY — A bill that would have shortened state of emergency orders and given the Legislature a say in extending them died Monday, the final day of the legislative session.

Senate Bill 97 from Sen. Tom Whatley, R-Auburn, would have limited state of emergency orders, such as those issued since last spring in response to the Coronavirus, to 45 days, with a possible 120-day extension. But any extension after that would have had to be approved by a joint resolution from the Legislature.

Rep. Mike Holmes, R-Wetumpka, sponsored the bill in the House and told members on Monday that the bill was not about limiting the governor’s power but allowing Alabamians more say into wide, sweeping actions taken in state-of-emergency orders.

A vote to reconsider the budget isolation resolution, a procedural vote prior to debate on most bills, was taken after multiple House members learned that they had not received the substitute version of the bill that was being considered. The vote was 41-44, with 13 abstentions.

The bill had been changed from its original form of stopping emergency orders after 14 days after Whatley worked with the governor’s office.

Current state law says state-of-emergency orders can last up to 60 days. Gov. Kay Ivey has extended the current state of emergency order that the state is under 26 times. The current order ends July 6, but most of the original rules in the order have been removed or reduced.