Bills seek limits on governor’s power during a crisis

bills moved forward last week that would rein in the type of emergency powers Gov. Brian Kemp has exercised amid the coronavirus pandemic.

The Legislature awarded those powers to Kemp during a one-day special session last March after it suspended its regular session because of the pandemic.

Kemp then issued orders, such as limiting the size of public gatherings, to prevent the spread of the virus.

One of the measures that moved this past week is House Bill 358. It would require governors in the future to seek legislative approval to extend a declared state of emergency beyond 30 days. Lawmakers could authorize an extension up to 90 days, and the governor could also seek approval for additional extensions up to 90 days.

Kemp, raising concerns about convening the General Assembly on short notice, threatened to veto the bill if it was not revised. Amendments followed. One would provide flexibility on the timing of such a vote; another would allow such votes to be conducted by teleconference.

Another piece of legislation that moved forward, House Bill 468, would allow any business to continue operating during a public health emergency if it can comply with safety guidelines set by the governor.

The subcommittee also approved House Bill 536, which would prohibit a governor from singling out religious practices for restrictions. Churches and other religious institutions would still have to comply with social distancing and other health guidelines. But a governor could not impose measures so restrictive that they prohibit religious practices.

JOHN BAZEMORE/AP That man behind the mask is Georgia Gov. Brian Kemp, who has repeatedly invoked emergency powers related to the pandemic since March. Legislators moved to rein in such gubernatorial power in the future.