HLS 201ES-26 ORIGINAL
2020 First Extraordinary Session
HOUSE CONCURRENT RESOL UTION NO. 5
BY REPRESENTATIVE FREEMAN
LEGISLATIVE AFFAIRS: Requests a study of the continuity of government provisions by
the house and senate governmental affairs committees, meeting jointly
1 A CONCURRENT RESOL UTION
2To urge and request the House Committee on House and Governmental Affairs and the
3 Senate Committee on Senate and Governmental Affairs to meet and function as a
4 joint committee to study the provisions of law relative to continuity of government
5 in periods of emergency and to make recommendations relative thereto.
6 WHEREAS, Article XII, Section 11 of the Constitution of Louisiana, requires the
7legislature to provide for the "orderly and temporary continuity of state government, in
8periods of emergency, until normal processes of government can be reestablished in
9accordance with the constitution and laws of the state; and, except as otherwise provided by
10this constitution, for the prompt and temporary succession to the powers and duties of public
11offices when incumbents become unavailable to perform their functions"; and
12 WHEREAS, since the adoption of the constitution, which became effective at
13midnight on December 31, 1974, the legislature has not updated the provisions of law
14relative to the continuity of the legislative branch, the executive branch, or the judicial
15branch of state government or of local government, all of which were enacted in 1963; and
16 WHEREAS, the worldwide outbreak of COVID-19 has illustrated the need for an
17examination of the continuity of government provisions beyond the planning for the
18possibility of an attack; and
19 WHEREAS, extenuating circumstances such as a natural disaster, pandemic, or
20attack may make access to public buildings and seats of government, including the state
21capitol, impractical, undesirable, or impossible; and
Page 1 of 3 HLS 201ES-26 ORIGINAL
HCR NO. 5
1 WHEREAS, the functionality of government must continue in order to accomplish
2the essential business of the state and of local government in periods of emergency,
3regardless of limitations and circumstances.
4 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
5urge and request the House Committee on House and Governmental Affairs and the Senate
6Committee on Senate and Governmental Affairs to meet and function as a joint committee
7to study the provisions of law relative to continuity of government in periods of emergency
8and to make recommendations relative thereto.
9 BE IT FURTHER RESOLVED that the joint committee shall solicit the input,
10recommendations, and advice of any person or organization it deems necessary including
11the following:
12 (1) The president of the Senate, or his designee.
13 (2) The speaker of the House of Representatives, or his designee.
14 (3) Each statewide elected official, or his designee.
15 (4) The chief justice of the supreme court, or her designee.
16 (5) A representative of the Louisiana District Judges Association.
17 (6) A representative of the Louisiana District Attorneys Association.
18 (7) A representative from each organization which represents parishwide elected
19officials.
20 (8) A representative from the Louisiana Municipal Association.
21 (9) A representative from the Police Jury Association of Louisiana.
22 (10) A representative from the Louisiana School Boards Association.
23 BE IT FURTHER RESOLVED that the joint committee shall review the applicable
24continuity of government provisions of other states.
25 BE IT FURTHER RESOLVED that the joint committee shall make a written report
26of its findings, together with any specific proposals for legislation, to the legislature no later
27than thirty days prior to the 2021 Regular Session of the Legislature.
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HCR NO. 5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCR 5 Original 2020 First Extraordinary Session Freeman
Requests the house and senate governmental affairs committees to meet and function as a
joint committee to study the provisions of law relative to continuity of government in
periods of emergency and to make written report of its findings, together with any specific
proposals for legislation, no later than 30 days prior to the 2021 R.S.
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