HLS 202ES-32 ORIGINAL
2020 Second Extraordinary Session
HOUSE BILL NO. 15
BY REPRESENTATIVE FRIEMAN
EMERGENCY PREPAREDNESS: Provides relative to 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 authorize the legislature to terminate all or part of an emergency declaration; to
4 provide for the procedure by which the petition is signed and transmitted to the
5 governor; to provide for the effectiveness of the petition to terminate; to provide for
6 an effective date; to provide for retroactive application; and to provide for related
7 matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 29:724(B)(2) and 768(B) are hereby amended and reenacted to read
10as follows:
11 §724. Powers of the governor
12 * * *
13 B.
14 * * *
15 (2) The legislature Either the House of Representatives or the Senate, by
16 petition signed by a majority of the surviving members of either house the House of
17 Representatives or the Senate, may terminate a the entire state of disaster or
18 emergency or any part or subpart of the executive order or proclamation at any time.
19 This petition terminating the state of emergency or disaster or part or subpart of the
20 executive order or proclamation may establish a period during which no other
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HB NO. 15
1 declaration of emergency or disaster may be issued. Thereupon, the governor shall
2 issue an executive order or proclamation ending the state of disaster or emergency
3 The petition terminating the declaration of a state of disaster or emergency or any
4 part or subpart of the executive order or proclamation, duly signed by a majority of
5 the surviving members of the House of Representatives or the Senate shall be
6 transmitted to the clerk of the House of Representatives or secretary of the Senate,
7 as applicable, who shall transmit the petition to the governor. The termination shall
8 be effective upon the transmission of the petition to the governor.
9 §768. Termination of declaration of public health emergency
10 * * *
11 B. The legislature Either the House of Representatives or the Senate, in
12 consultation after consulting with the public health authority, by a petition signed by
13 a majority of the surviving members of either house the House of Representatives
14 or the Senate, may terminate a the entire state of public health emergency or any part
15 or subpart of the executive order or proclamation at any time. This petition
16 terminating the public health emergency or any part or subpart of the executive order
17 or proclamation may establish a period during which no other declaration of public
18 health emergency may be issued. Thereupon, the governor shall issue an executive
19 order or proclamation ending the state of public health or emergency The petition
20 terminating the declaration of a state of public health emergency or any part or
21 subpart of the executive order or proclamation, duly signed by a majority of the
22 surviving members of the House of Representatives or the Senate shall be
23 transmitted to the clerk of the House of Representatives or the secretary of the
24 Senate, as applicable, who shall transmit the petition to the governor. The
25 termination shall be effective upon the transmission of the petition to the governor.
26 * * *
27 Section 2. This Act shall become effective upon signature by the governor or, if not
28signed by the governor, upon expiration of the time for bills to become law without signature
29by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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HB NO. 15
1vetoed by the governor and subsequently approved by the legislature, this Act shall become
2effective on the day following such approval.
3 Section 3. The provisions of this Act shall be given prospective and retroactive
4application.
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 15 Original 2020 Second Extraordinary Session Frieman
Abstract: Authorizes the legislature to terminate any declaration or any portion of the
declaration, requires that the petition to terminate be transmitted to the clerk or
secretary as applicable and to the governor, and makes the petition to terminate
effective upon transmission of the petition to the governor.
Present law provides that a disaster, emergency, or public health emergency shall be
declared by executive order or proclamation of the governor if the governor finds that a
disaster or emergency has occurred or the threat thereof is imminent.
Present law also provides that the 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 no state of disaster, emergency, or public health emergency may
continue for longer than 30 days unless renewed by the governor.
Present law authorizes the legislature to terminate an emergency declaration of a state of
disaster, emergency, or public health emergency by petition of a majority of the surviving
members of either house.
Proposed law amends present law to specify that a majority of either the House of
Representatives or the Senate may terminate all or any part or subpart of an emergency
declaration.
Proposed law requires the petition terminating an emergency declaration be transmitted to
the clerk of the House of Representatives or the secretary of the Senate, as applicable, and
that the clerk or the secretary shall transmit the petition to the governor.
Proposed law further provides that the petition terminating an emergency declaration is
effective upon transmission of the petition to the governor.
Proposed law provides for retroactive and prospective application.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 29:724(B)(2) and 768(B))
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