Louisiana House Bill HCR28

Louisiana 2020 2nd Special Session

• Introduced: 10/6/20
• Refer: 10/6/20

Caption

Provides relative to promulgation of rules related to COVID-19 health emergency

Impact

The resolution is significant because it seeks to reinforce the boundaries of authority concerning the implementation of executive orders linked to public health crises. Proponents argue that adhering to the APA not only legitimizes governmental actions but also protects citizens' rights by ensuring transparency and public participation in the rulemaking process. Furthermore, it reflects a commitment to maintaining checks and balances even during emergencies, which may otherwise lead to unregulated governmental power.

Summary

HCR28, introduced by Representative Miguez, is a Concurrent Resolution aimed at ensuring that any actions taken by state agencies, boards, or commissions related to the COVID-19 health emergency comply with the Administrative Procedure Act (APA). The resolution specifies that if an action stemming from a gubernatorial executive order or proclamation meets the definition of a rule under the APA, it must undergo the formal rulemaking process. This directive emphasizes the importance of legislative oversight and proper procedural adherence in times of emergency.

Sentiment

The sentiment surrounding HCR28 appears to be largely supportive among legislators advocating for accountability in governance. They view the resolution as a necessary measure to avoid potential overreach by the executive branch during an emergency. However, there may also be opposition from those who believe that strict adherence to the APA could hinder the swift action needed to manage public health emergencies effectively. This tension between regulation and expediency is a focal point in discussions regarding the bill.

Contention

Key points of contention relate to the interpretation of what constitutes an action that meets the APA definition of a rule. There may be debates regarding the flexibility required in times of crisis and whether the procedural safeguards outlined in the APA could delay critical responses to rapidly evolving situations. As such, the resolution raises important questions about finding the right balance between ensuring regulatory compliance and enabling agile governmental response to health emergencies.