Louisiana House Bill HCR9

Louisiana 2020 2nd Special Session

• Introduced: 9/29/20
• Refer: 9/29/20
• Report Pass: 10/1/20
• Engrossed: 10/5/20
• Report Pass: 10/6/20

Caption

Suspends certain authority of the governor relative to the declaration of an emergency (Item #41)

Impact

The resolution has significant implications for state laws regarding emergency management. By limiting the governor's ability to issue new declarations related to COVID-19, HCR9 effectively curtails the state's capacity to respond flexibly and swiftly to evolving public health threats. Proponents argue this action is necessary to prevent drastic measures that have led to societal and economic hardships, asserting that the state is now capable of managing the situation without such extensive powers. The suspension is set to remain effective until thirty days after the final adjournment of the legislative session, establishing a temporary but impactful limitation on executive emergency powers.

Summary

HCR9 is a concurrent resolution passed during the 2020 Second Extraordinary Session of the Louisiana Legislature which aims to suspend certain provisions of state law that grant the governor the authority to declare or renew states of emergency or public health emergencies related to the COVID-19 pandemic. This legislative action reflects a shift in power dynamics, placing limitations on the governor's emergency powers during a time of widespread concern caused by the pandemic. Specifically, the resolution suspends sections of the state law that would permit further declarations related to the COVID-19 emergency.

Sentiment

The sentiment surrounding HCR9 is deeply polarized. Supporters, largely within the legislature, view the bill as a protective measure against overreach in the governor's emergency powers, advocating for a balanced approach to public health and economic stability. Conversely, opponents argue that this resolution undermines the state’s preparedness and response capabilities in the face of an ongoing public health crisis. The debate encapsulates broader concerns regarding governance and authority, especially in the context of a national and state health emergency.

Contention

The contention regarding HCR9 primarily revolves around the need for emergency powers during public health crises. Critics of the resolution contend that suspending the governor's authority could jeopardize effective responses to COVID-19 and prevent necessary actions should the pandemic worsen. They express concerns about the legislature's ability to manage public health emergencies without the governor's authority to implement quick, decisive measures when required. The resolution thus highlights the ongoing tension between legislative oversight and executive action in emergency situations.