Louisiana Senate Bill SB43

Louisiana 2020 2nd Special Session

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

Caption

Provides relative to termination of emergency proclamations and executive orders issued by governor. (gov sig) (Item #2)

Impact

The implications of SB 43 are significant for the balance of power between the legislature and the governor's office in Louisiana. By requiring legislative approval for extensions of emergency declarations, the bill seeks to curtail prolonged executive authority during emergencies, thereby ensuring that the legislative branch has a say in these critical decisions. This change could impact responses to future disasters and public health emergencies by imposing checks on the executive’s unilateral decision-making process.

Summary

Senate Bill 43 aims to amend the existing laws regarding the declaration and termination of states of emergency and public health emergencies in Louisiana. The primary change proposed by this bill is that after a state of emergency has been declared for 60 days, any renewal of that state will require approval from a majority of the elected members of both houses of the legislature. This introduces a new layer of legislative oversight to what has traditionally been a gubernatorial power during declared emergencies.

Sentiment

The sentiment surrounding SB 43 appears to be mixed among legislators and the public, reflecting the ongoing debate about the appropriate extent of executive power in times of crisis. Supporters of the bill argue that it promotes transparency and accountability by ensuring that elected representatives have to affirm the continuation of emergency measures, which could be seen as vital in protecting civil liberties. Meanwhile, opponents may view this as an unnecessary limitation on the governor's ability to respond swiftly in emergencies where rapid decisions can be crucial.

Contention

Notable points of contention surrounding SB 43 revolve around the practicality of such legislative oversight during emergencies. Critics may argue that requiring legislative approval could delay critical responses to disasters, potentially jeopardizing public safety. Additionally, the bill may raise questions about the separation of powers and the effectiveness of legislative action during times when immediate action is required to address emergent threats.