HB 1285

Present law provides that t he governor is responsible for addressing the dangers presented to this state and its people by emergencies. In the event of an emergency beyond local control, the governor, or, in the governor's absence, the governor's successor as provided by law, may assume direct operational control over all or any part of the emergency management functions within this state . The governor is also authorized to delegate such powers as the governor may deem prudent. In addition to any other powers conferred upon the governor by law , and subject to any applicable requirements for compensation, present law authorizes the governor to, among other things, commandeer or utilize private property if the governor finds this necessary to cope with the emergency . However, the governor cannot commandeer or utilize firearms, ammunition, or firearm or ammunition components . This bill clarifies that, in exercising such additional power to commandeer or utilize private property , the power of eminent domain over real property must not be used in any expedited manner.