HLS 202ES-7 ENGROSSED
2020 Second Extraordinary Session
HOUSE BILL NO. 11
BY REPRESENTATIVE PRESSLY
LEGISLATIVE POWERS: Provides relative to the termination of emergency declarations
(Items #1, 2, and 28)
1 AN ACT
2To amend and reenact R.S. 29:724(B)(2) and 768(B), relative to emergency declarations; to
3 provide relative to the termination of emergency declarations; to provide relative to
4 the effect of terminating emergency declarations; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 29:724(B)(2) and 768(B) are hereby amended and reenacted to read
7as follows:
8 §724. Powers of the governor
9 * * *
10 B.
11 * * *
12 (2)(a) The legislature, by petition signed by a majority of the surviving
13 members of either house, may terminate a state of disaster or emergency at any time.
14 This petition terminating the state of emergency or disaster may establish a period
15 during which no other declaration of emergency or disaster may be issued.
16 Thereupon, the governor shall issue an executive order or proclamation ending the
17 state of disaster or emergency.
18 (b) Legislative termination of a state of disaster or emergency does not affect
19 the governor's authority to declare an emergency or disaster based on circumstances
20 that are not directly related to the state of disaster or emergency that was terminated.
21 (c) Legislative termination of a state of disaster or emergency does not affect
22 the governor's authority to declare a state of public health emergency pursuant to
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HB NO. 11
1 Chapter 9 of this Title nor does it nullify an existing declaration of a state of disaster
2 or emergency pursuant to this Chapter based on circumstances that are not directly
3 related to the state of disaster or emergency that was terminated.
4 * * *
5 §768. Termination of declaration of public health emergency
6 * * *
7 B.(1) The legislature, in consultation with the public health authority, by a
8 petition signed by a majority of the surviving members of either house, may
9 terminate a state of public health emergency at any time. This petition terminating
10 the public health emergency may establish a period during which no other
11 declaration of public health emergency may be issued. Thereupon, the governor
12 shall issue an executive order or proclamation ending the state of public health or
13 emergency.
14 (2) Legislative termination of a state of public health emergency does not
15 affect the governor's authority to declare a state of public health emergency based on
16 circumstances that are not directly related to the public health emergency that was
17 terminated.
18 (3) Legislative termination of a state of public health emergency does not
19 affect the governor's authority to declare a state of disaster or emergency pursuant
20 to Chapter 6 of this Title nor does it nullify an existing declaration of a state of
21 public health emergency pursuant to this Chapter based on circumstances that are not
22 directly related to the public health emergency that was terminated.
23 * * *
24 Section 2. This Act shall become effective upon signature by the governor or, if not
25signed by the governor, upon expiration of the time for bills to become law without signature
26by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
27vetoed by the governor and subsequently approved by the legislature, this Act shall become
28effective on the day following such approval.
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HB NO. 11
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)]
HB 11 Engrossed 2020 Second Extraordinary Session Pressly
Abstract: Specifies that legislative termination of an emergency declaration does not affect
the governor's ability to declare a state of disaster or emergency or public health
emergency based on circumstances that are not directly related to the emergency that
was terminated.
Present law provides that a state of disaster, emergency, or public health emergency shall
continue until the governor finds that the threat of danger has passed or the disaster or
emergency has been dealt with to the extent that the emergency conditions no longer exist
and terminates the state of disaster, emergency, or public health emergency by executive
order or proclamation.
Present law provides that a majority of the surviving members of either house of the
legislature may terminate a state of disaster or emergency or a state of public health
emergency at any time.
Present law further provides that the petition terminating the state of emergency, disaster,
or public health emergency may establish a period during which no other declaration of
emergency or disaster may be issued and that the governor shall issue an executive order or
proclamation ending the state of disaster or emergency.
Proposed law specifies that legislative termination of an emergency order does not affect the
governor's ability to declare a state of disaster or emergency or state of public health
emergency based on circumstances that are not directly related to the state of disaster or
emergency or public health emergency that was terminated nor does it nullify other
declarations.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 29:724(B)(2) and 768(B))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Add section that makes proposed law effective upon signature of governor or
lapse of time for gubernatorial action.
2. Make technical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.