Louisiana 2018 Regular Session

Louisiana Senate Bill SB262

Introduced
3/1/18  
Introduced
3/1/18  
Refer
3/1/18  
Refer
3/1/18  
Refer
3/12/18  

Caption

Provides relative to powers of the governor during times of a disaster or emergency. (gov sig)

Impact

The implications of SB 262 are considerable, as it fundamentally changes the way disaster management is handled at the state level. The ability for the governor to suspend legal deadlines and extend insurance claim periods during emergencies is designed to provide relief and adaptability for citizens affected by disasters. However, it raises questions about checks and balances, as this increased power could potentially be misused without oversight, affecting the rights of individuals in legal proceedings during extended emergencies.

Summary

Senate Bill 262 seeks to alter the powers of the governor during declared states of disaster or emergency in Louisiana. By removing the previous thirty-day expiration rule for disaster declarations, the bill allows the governor to extend these declarations indefinitely, subject to renewal at their discretion. This is a significant change from prior law, providing the governor with more flexibility in managing prolonged crisis situations, reflecting a need for robust state governance in unpredictable circumstances.

Sentiment

The sentiment surrounding SB 262 appears mixed among lawmakers and constituents. Proponents argue that the bill is necessary for effective disaster management, emphasizing that it equips the state to respond swiftly and efficiently to emergencies that stretch beyond the previous time limits. Conversely, critics express concerns about the potential for abuse of executive power, fearing that it could lead to oversights in governance and diminish legislative authority over an extended period of crisis.

Contention

Points of contention related to this bill center on the balance between emergency governance and the preservation of citizens' legal rights. Opponents worry that extending the governor's powers could infringe upon individual rights by compounding delays in legal proceedings. This concern is particularly poignant in the context of suspending liberative prescription and peremptive periods, which might adversely affect legal claims during emergencies, creating a significant debate over the appropriateness of such powers being concentrated in the hands of the governor.

Companion Bills

No companion bills found.

Previously Filed As

LA HB57

Provides relative to the emergency powers of the governor (Items #1, 2, 28, and 41)

LA SB466

Provides for holding meetings electronically during certain emergencies or disasters. (gov sig) (RE1 SEE FISC NOTE GF EX)

LA SB58

Provides relative to the licensing of health care providers after an emergency or disaster. (gov sig) (Item #32)

LA SB109

Provides for the suspension and extension of prescription and peremption due to 2016 flooding disaster. (gov sig)

LA SB43

Provides relative to termination of emergency proclamations and executive orders issued by governor. (gov sig) (Item #2)

LA SB29

Provides for legislative review of a state of emergency issued by the governor that extends beyond thirty days. (gov sig) (Items #1 and #2)

LA HB61

Provides relative to the authority of the governor to declare certain emergencies (Items #1, 2, and 28)

LA HB868

Provides relative to the continuity of the legislature in times of emergency or disaster

LA HB458

Provides relative to the powers of a parish president during a declared local disaster or emergency

LA SB357

Provides relative to termination of a public health emergency. (gov sig)

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