Louisiana 2020 2nd Special Session

Louisiana Senate Bill SB40

Introduced
9/29/20  
Introduced
9/29/20  
Refer
9/29/20  
Refer
9/29/20  

Caption

Constitutional Amendment to provide for remote operations of the legislature during a declared emergency. (2/3 - CA13s1(A)) (Item #5)

Impact

If passed, SB40 would formally sanction remote legislative actions, which is a shift from traditional in-person voting and meeting procedures. This amendment would only allow remote measures if a majority of elected members are unable to convene physically, thus safeguarding against potential abuse of the remote voting system. The intention is to maintain legislative functionality while providing a fail-safe in times of crisis, making it easier for the state to continue governing without significant interruptions.

Summary

Senate Bill 40 proposes an amendment to Article XII, Section 11 of the Louisiana Constitution to enable remote participation and voting for members of the legislature during declared emergencies. The bill aims to ensure the continuity of government operations when normal procedures cannot be upheld due to emergency conditions, allowing legislative bodies to conduct their business effectively from different locations. This change is particularly relevant in situations such as public health crises, natural disasters, or other emergencies where meeting in person could jeopardize the safety of members.

Sentiment

The sentiment surrounding SB40 appears to be somewhat supportive, especially in light of recent experiences with emergency situations. Supporters advocate that the provision for remote operations is a necessary modernization of legislative practices, ensuring that government can be agile and responsive when urgent matters arise. However, there are concerns from some legislators about the implications for transparency and accountability, as remote participation could complicate public scrutiny of legislative actions.

Contention

Notable points of contention include debates over the scope and conditions under which remote voting would be implemented. Critics argue that allowing any form of remote voting could lead to reduced engagement from legislators and could dilute the public's confidence in legislative processes. Proponents counter that the safeguards included—requiring a majority incapacity for in-person participation—are sufficient to mitigate these risks. The discussions reflect broader issues around government adaptability in crisis situations versus maintaining traditional values of face-to-face democracy.

Companion Bills

No companion bills found.

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