Louisiana Senate Bill SB29

Louisiana 2020 2nd Special Session

• Introduced: 9/28/20
• Refer: 9/28/20
• Report Pass: 9/29/20
• Engrossed: 9/30/20
• Report Pass: 10/1/20

Caption

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

Impact

The implementation of SB 29 would amend current statutory provisions to stipulate that any suspension of regulatory statutes by the governor must be narrowly defined. Such specific language must outline the reasons why strict compliance with existing statutes could inhibit effective action to manage an emergency. This change aims to balance emergency management efficiency with legislative authority, thus reinforcing the role of the legislature in monitoring and controlling executive actions, particularly during extended emergencies.

Summary

Senate Bill 29 introduces a legislative framework for the review of emergency declarations made by the governor of Louisiana that extend beyond thirty days. It clarifies the existing powers of the governor to declare states of emergency and disaster, including public health emergencies, while also establishing mechanisms for legislative oversight. Under this bill, declarations can only be renewed with proper justification and a structured review process through the newly created Legislative Emergency Declaration Review Committee, ensuring accountability and transparency in the use of executive powers during emergencies.

Sentiment

The sentiment regarding SB 29 appears mixed, with broad support for increasing legislative oversight amid concerns over executive overreach during emergency situations. Advocates argue that clear guidelines for emergency declarations will enhance public trust and delineate responsibilities. However, some critics fear that imposing additional legislative scrutiny could slow down necessary responses in urgent situations, potentially undermining the initial intent of swift and decisive executive action during emergencies.

Contention

There are notable contentions surrounding the balance of power between the governor and the legislature, particularly regarding the authority exercised during a state of emergency. Proponents of the bill welcome the increased checks on executive action, while detractors assert that it could hinder timely responses to crises. The creation of the Legislative Emergency Declaration Review Committee is also debated, with some legislators expressing concerns over its potential to delay critical assistance that the governor could mobilize rapidly in the face of emergencies.