Louisiana Senate Bill SB48

Louisiana 2020 2nd Special Session

• Introduced: 10/1/20
• Refer: 10/1/20

Caption

Limits the duration of declarations of emergency unless extension is authorized by the legislature. (gov sig) (Item #28)

Impact

The proposed changes to the emergency powers law are substantial. Currently, governors can unilaterally renew emergency declarations, but SB48 mandates that any extension require a vote from the legislature. This change is intended to restore legislative oversight of emergency powers, reflecting a broader sentiment for balance in governance and a refusal to allow prolonged executive control during emergencies. Critics argue that limiting the governor's power during crises may hinder swift response efforts, emphasizing the need for flexibility in emergencies.

Summary

Senate Bill 48 (SB48) aims to reform the governor's ability to declare and renew states of emergency in Louisiana, focusing particularly on limiting the duration of such declarations. Under the proposed law, an emergency declaration may not extend longer than 30 days without explicit legislative approval. This reform is designed to ensure that the suspension of any regulatory statutes during an emergency is narrowly tailored, addressing only the obstacles to emergency response while avoiding broad or indefinite grants of power to the executive branch.

Sentiment

The sentiment around SB48 is mixed, reflecting a tension between the necessity of quick action in emergencies and the desire for legislative accountability. Supporters view the bill as a necessary check on executive power, ensuring that the governor cannot unilaterally prolong emergency declarations without oversight. Conversely, opponents caution that such constraints may delay urgent actions necessary for public safety during a prolonged emergency, potentially undermining timely governmental responses required in crises.

Contention

Notable points of contention include the balance of power between state legislative authority and executive emergency powers. Some legislators express concerns that restricting the governor's ability to respond dynamically to emergencies could create situations where the state is unprepared to act as quickly as needed. The debate highlights differing perspectives on governance during crises—balancing necessary rapid response with safeguarding constitutional rights and legislative authority.