House of Representatives
Office of Program Research
Public Safety Committee
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.
Brief Description: Granting the governor authority to proclaim a state of emergency in the event of a cybersecurity incident.
Sponsors: Representatives Hudgins, Stanford, S. Hunt, Reykdal, Ormsby and Tarleton.
Hearing Date: 2/4/15
Staff: Yvonne Walker (786-7841).
A Governor may proclaim a state of emergency in any event, when a public disorder, disaster, energy emergency, or riot exists within the state that affects life, health, property, or public peace. The state of emergency is proclaimed for, and only effective within, the affected area which may be part or all of the state. An emergency proclamation enables the Governor to prohibit specific activities, such as public gatherings, transfer of combustible materials, public possession of firearms, and the use of public streets at any time during the state of emergency.
The Governor may also prohibit other activities as he or she reasonably believes is necessary to help preserve and maintain life, health, property, or the public peace. The Governor has authority to waive or suspend statutory obligations or limitations for certain, limited executive functions, such as purchasing rules, during and in the areas affected by an emergency proclamation.
An emergency proclamation is also a prerequisite in some situations for accessing a range of federal disaster recovery programs and funding available to the state and is a precondition for requesting interstate mutual aid through the Emergency Management Assistance Compact. A proclamation ends upon the Governor's issuance of a proclamation declaring its termination.
A proclamation of a state of emergency must be in writing and signed by the Governor.
Summary of Bill:
In addition to the Governor's general powers and duties, the Governor may proclaim a state of emergency in any event, including for a cybersecurity incident.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.