Louisiana 2020 2nd Special Session

Louisiana House Bill HB19

Introduced
9/28/20  
Introduced
9/28/20  
Refer
9/28/20  

Caption

Provides relative to emergency declarations (Items #1, 2, and 28)

Impact

This bill has the potential to reshape the landscape of emergency response in Louisiana by constraining the duration during which a governor can maintain control over emergency powers without legislative oversight. Under the proposed law, legislators will have a structured procedure for deciding whether to extend a state of emergency. This may introduce more political checks on the governor's authority and ensure that the elected representatives have a say in the continuation of emergency measures, which often carry serious implications for civil liberties and public policy.

Summary

House Bill 19 proposes significant changes to the procedures for gubernatorial emergency declarations in Louisiana. The primary objective of the bill is to require legislative approval for any renewal of an emergency declaration that extends beyond 30 days. Current laws allow the governor to terminate or renew a state of emergency or public health emergency by executive order or proclamation, providing a level of authority that the bill seeks to amend. By mandating legislative consent for extensions beyond the initial 30 days, the bill aims to balance power between the executive branch and the legislature during extended emergency situations.

Sentiment

The sentiment around HB 19 appears to be mixed. Supporters argue that the bill is a necessary measure to prevent the overreach of executive power during emergencies and to safeguard democratic principles by ensuring the legislature remains an active participant in the decision-making process. Critics, however, may view it as a potential hindrance to timely responses in crisis situations, possibly slowing down necessary action which the governor deems urgent. The debate captures a broader tension between efficient governance in emergencies and the need for democratic checks and balances.

Contention

One notable point of contention regarding HB 19 is the implications it might have during times of crisis, such as natural disasters or public health emergencies. Opponents argue that the requirement for legislative approval might delay important actions needed to respond swiftly to emergent threats, endangering public safety. Conversely, proponents contend that having legislative oversight ensures that emergency powers are not misused and that the public has adequate representation in critical decisions affecting their lives. This tension reflects ongoing discussions about the appropriate balance between expedience in governance and democratic accountability.

Companion Bills

No companion bills found.

Similar Bills

LA HB610

Places the Department of Economic Development within the office of the lieutenant governor (OR DECREASE GF EX See Note)

CA AB1377

Tribal gaming: gaming establishments.

LA HB743

(Constitutional Amendment) Abolishes the office of lieutenant governor, transfers duties to secretary of state, provides for filling vacancies in office of secretary of state and governor (OR SEE FISC NOTE EX)

LA HB476

Places the Department of Economic Development within the office of the lieutenant governor (OR SEE FISC NOTE GF EX See Note)

LA SB258

Provides relative to voting and the holding of elections impaired as the result of a declared emergency or disaster. (8/1/22)

CA AB488

California Broadband Council.

LA SB20

Provides relative to voting and the holding of elections impaired as the result of a declared emergency or disaster. (1/1/21) (Item #5) (EN SEE FISC NOTE GF EX See Note)

AZ HB2308

Secretary of state; election; recusal