HLS 202ES-32 ENGROSSED
2020 Second Extraordinary Session
HOUSE BILL NO. 15
BY REPRESENTATIVES FRIEMAN AND HORTON
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)(a) The Either house of the legislature, by petition signed by a majority
16 of the surviving members of either that house, may terminate a the entire state of
17 disaster or emergency or any section or subsection of the executive order or
18 proclamation declaring the state of disaster or emergency at any time. This petition
19 terminating the state of emergency or disaster or any section or subsection of the
20 executive order or proclamation declaring the state of disaster or emergency may
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HB NO. 15
1 establish a period during which no other declaration of emergency or disaster related
2 to the state of disaster or emergency that was terminated or related to any section or
3 subsection of the executive order or proclamation declaring the state of disaster or
4 emergency that was terminated by the petition may be issued. Thereupon, the
5 governor shall issue an executive order or proclamation ending the state of disaster
6 or emergency.
7 (b) The petition terminating the entire declaration of a state of disaster or
8 emergency or terminating one or more sections or subsections of the executive order
9 or proclamation, duly signed by a majority of the surviving members of the House
10 of Representatives or the Senate shall be transmitted to the clerk of the House of
11 Representatives or secretary of the Senate, as applicable, who shall transmit the
12 petition to the governor. The termination shall be effective upon the transmission
13 of the petition to the governor.
14 (c) Further, the clerk of the House of Representatives or secretary of the
15 Senate, as applicable, shall disseminate the petition promptly by means calculated
16 to bring its contents to the attention of the general public and promptly file it with
17 the Governor's Office of Homeland Security and Emergency Preparedness and with
18 the secretary of state.
19 * * *
20 §768. Termination of declaration of public health emergency
21 * * *
22 B.(1) The Either house of the legislature, in consultation after consulting
23 with the public health authority, by a petition signed by a majority of the surviving
24 members of either that house, may terminate a the entire state of public health
25 emergency or any section or subsection of the executive order or proclamation
26 declaring the state of public health emergency at any time. This petition terminating
27 the public health emergency or any section or subsection of the executive order or
28 proclamation declaring the state of public health emergency may establish a period
29 during which no other declaration of public health emergency related to the state of
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1 public health emergency that was terminated or related to any section or subsection
2 of the executive order or proclamation declaring the state of public health emergency
3 that was terminated by the petition may be issued. Thereupon, the governor shall
4 issue an executive order or proclamation ending the state of public health or
5 emergency.
6 (b) The petition terminating the entire declaration of a state of public health
7 emergency or terminating one or more sections or subsections of the executive order
8 or proclamation, duly signed by a majority of the surviving members of the House
9 of Representatives or the Senate shall be transmitted to the clerk of the House of
10 Representatives or secretary of the Senate, as applicable, who shall transmit the
11 petition to the governor. The termination shall be effective upon the transmission
12 of the petition to the governor.
13 (c) Further, the clerk of the House of Representatives or secretary of the
14 Senate, as applicable, shall disseminate the petition promptly by means calculated
15 to bring its contents to the attention of the general public and promptly file it with
16 the Governor's Office of Homeland Security and Emergency Preparedness, with the
17 Louisiana Department of Health, office of public health, and with the secretary of
18 state.
19 * * *
20 Section 2. This Act shall become effective upon signature by the governor or, if not
21signed by the governor, upon expiration of the time for bills to become law without signature
22by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
23vetoed by the governor and subsequently approved by the legislature, this Act shall become
24effective on the day following such approval.
25 Section 3. The provisions of this Act shall be given prospective and retroactive
26application.
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HB NO. 15
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 Engrossed 2020 Second Extraordinary Session Frieman
Abstract: Authorizes the legislature to terminate any declaration of an emergency or any
portion of the declaration.
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 either house of 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 that house.
Proposed law authorizes either house to terminate any section or subsection of an emergency
declaration.
Present law provides that the petition terminating an emergency declaration may establish
a period during which no other declaration of emergency may be issued. Proposed law
limits present law to related emergencies.
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 provides that the petition terminating an emergency declaration is effective
upon transmission of the petition to the governor.
Proposed law further provides that the clerk of the House of Representatives or secretary of
the Senate, as applicable, shall disseminate the petition among the general public and file it
with appropriate executive branch agencies.
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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HB NO. 15
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Add requirement for legislative clerical officers to disseminate a petition to the
public and specified government agencies.
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