Requests the study of the designation of a business as non-essential
Impact
The study mandated by HCR51 could lead to important legal implications surrounding the powers of the state to enforce business closures based on public health emergencies. If the findings indicate that such executive orders may violate constitutional rights, this could prompt changes in how future emergencies are managed regarding business operations and individual liberties. Moreover, the resolution highlights concerns about the balance between public health safety and economic sustainability, suggesting a critical dialogue on governance during crises.
Summary
HCR51 is a House Concurrent Resolution from the Louisiana Legislature, which requests the Louisiana Law Institute to study the constitutionality of executive orders that mandate the closure of businesses designated as non-essential. The resolution arose in the context of measures taken during the COVID-19 pandemic, where certain businesses were forced to halt operations, significantly affecting their revenue and the local economy. The resolution emphasizes the need for legislative scrutiny regarding the unilateral designation of essential versus non-essential businesses by state authorities.
Sentiment
Overall, the sentiment surrounding HCR51 reflects a growing frustration with perceived overreach in governmental powers during the pandemic. Supporters of the resolution view it as essential for protecting the rights of business owners and ensuring that closures are justified and legally sound. Meanwhile, those critical of the closures often advocate for an approach that carefully considers both public health imperatives and the economic ramifications of government mandates.
Contention
Notably, HCR51 raises contentious issues regarding the role of state government in regulating businesses during emergencies, specifically the legality of determining what constitutes an essential business. During legislative discussions, there may have been heated debates between those advocating for public health measures and those emphasizing the economic consequences of closing businesses. The resolution calls for a formal study and report that could influence future legislation and emergency response protocols.
Urges and requests that any proclamation convening an extraordinary session of the legislature in 2020 include an extension of effectiveness and changes to eligibility requirements of the rehabilitation of historic structures tax credit
Urges and requests that any proclamation convening an extraordinary session of the legislature in 2020 include changes to the carryback provisions of the corporate income tax deduction for net operating losses
Urges and requests that any proclamation convening an extraordinary session of the legislature in 2020 include changes to eligibility requirements to participate in the Enterprise Zone incentive
Requests an update from the Louisiana Department of Health and the division of administration on efforts to establish an application or system to track the incidence and spread of COVID-19
Request the governor to issue an executive order requiring certain persons to wear a face covering in public under certain conditions and authorizing businesses to deny admittance to persons without face coverings.
Suspends the lower tier of the corporation franchise tax levied on domestic and foreign corporations and the initial tax levied on certain business entities subject to the corporate franchise tax (EN -$5,800,000 GF RV See Note)
Requests the Louisiana Workforce Commission to study and determine new parameters of what constitutes good cause for job separation and suitable work protections
Suspends the corporation franchise tax levied on domestic and foreign corporations and the initial tax levied on certain business entities subject to the corporation franchise tax (OR -$412,600,000 GF RV See Note)