Louisiana House Bill HB61

Louisiana 2020 2nd Special Session

• Introduced: 9/30/20
• Refer: 9/30/20

Caption

Provides relative to the authority of the governor to declare certain emergencies (Items #1, 2, and 28)

Impact

If enacted, House Bill 61 will have substantial implications for the balance of power between the executive branch and the legislature in Louisiana. The change would mean that the legislature would have a direct role in extending emergency measures, which could influence the dynamics during a public health crisis or natural disaster. Supporters argue that this added oversight is essential to prevent executive overreach during emergencies, while opponents may express that it could slow down necessary actions that need swift executive response.

Summary

House Bill 61 aims to modify the process by which emergency declarations are renewed in Louisiana. Under the current law, a disaster or emergency declared by the governor can be continued for a maximum of 30 days without legislative approval. This bill proposes to require a majority vote of the legislature for any renewal beyond this initial 30-day period. Additionally, the governor must provide a written notice of intent to renew an emergency declaration, along with the necessary documentation to the legislature, ensuring more legislative involvement in what can be considered executive decisions regarding public safety and health emergencies.

Sentiment

The sentiment around this bill appears to be mixed. Proponents believe that increased legislative oversight is necessary to ensure accountability in the use of emergency powers and to protect citizens from potential abuses by the executive. Conversely, some critics warn that this process could undermine effective emergency management, especially in situations where immediate action is required to safeguard public health and safety. The sentiment reflects broader concerns about the balance of power and the necessity for swift governmental action during crises.

Contention

Key points of contention involve the practical implications of requiring legislative approval for emergency renewals. Critics may argue that the required legislative processes could hinder the state's ability to respond rapidly to ongoing or new emergencies, potentially compromising public safety. The bill brings to light an important debate regarding how much control the legislature should have over the executive's ability to act decisively during crises, posing questions about the roles and responsibilities of elected officials in emergency situations.