A bill to rein in the power of governors to maintain health emergency orders by giving the Louisiana legislature a greater oversight role has cleared the lower house on a 63-to-27 vote.
House Bill 4, authored by Rep. Mark Wright (R-Covington), has advanced during the legislature’s special session amid concerns that Gov. John Bel Edwards’ coronavirus orders lack the necessary checks and balances. Among those supporting the reform legislation is the Pelican Institute for Public Policy.
“What we think would be a much better policy, both in practice and principle, is a structure that after an appropriate period of time, the governor has to formally seek the engagement of legislation and the approval of the legislature in order to extend his executive order,” Daniel Erspamer, the Pelican Institute’s CEO, told the Louisiana Record.
Current law does give a majority of state lawmakers the power to terminate an emergency order after 30 days, but the authority represents an all-or-nothing “nuclear option,” according to Erspamer.
“The legislature in current law only has the ability to end an executive order,” he said. “It does not have the ability to weigh in on an executive order or to amend it.”
Erspamer stressed that Edwards’ unilateral decisions relating to the re-opening of the state economy during the pandemic have huge consequences for Louisianans. And state lawmakers, being closer to their constituents than those in the executive branch, can provide a constructive role, he said.
“There’s some concern that just eliminating the order altogether … would put at risk dollars that are currently available from the federal government as well as liability protections and other things tied to an emergency order,” Erspamer said.
HB 4 would allow the legislature to terminate a renewal of a health order or terminate specific sections of it. Another measure, House Resolution 9, which would specifically suspend Edwards’ authority to renew his coronavirus order, also passed the House last week.
The institute also supports that resolution in principle as a way to ensure that family members and small businesses in the state will be better able to get back to work and get on with their lives, according to Erspamer.