HLS 202ES-14 ORIGINAL
2020 Second Extraordinary Session
HOUSE BILL NO. 3
BY REPRESENTATIVE MCFARLAND
EMERGENCY PREPAREDNESS: Provides relative to public health emergency
declarations (Items #1, 2, and 28)
1 AN ACT
2To amend and reenact R.S. 29:768(A), relative to public health emergencies; to provide
3 relative to the declaration of a public health emergency; to provide for the
4 continuance of public health emergencies; to create the Council of State; to provide
5 for the duties and membership of the Council of State; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 29:768(A) is hereby amended and reenacted to read as follows:
9 ยง768. Termination of declaration of public health emergency
10 A.(1) The state of public health emergency shall continue until the governor
11 finds that the threat of danger has passed or the disaster or emergency has been dealt
12 with to the extent that the emergency conditions no longer exist and terminates the
13 state of public health or emergency by executive order or proclamation, but no state
14 of public health emergency may shall continue for longer than thirty days unless
15 renewed by the governor approved by the Council of State. The Council of State
16 shall meet within thirty days of the issuance of the declaration of the public health
17 emergency to decide whether the public health emergency will continue beyond
18 thirty days.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 202ES-14 ORIGINAL
HB NO. 3
1 (2) For the purposes of this Section, the Council of State is hereby
2 established to approve, amend, or deny declarations of a state of public health
3 emergency.
4 (3) The Council of State shall be composed of the following members:
5 (a) The governor.
6 (b) The state treasurer.
7 (c) The attorney general.
8 (d) The speaker of the House of Representatives.
9 (e) The president of the Senate.
10 (4) The Council of State shall appoint a chairperson from among its
11 members. Each member may appoint a designee who shall have all the rights and
12 privileges as a member of the Council of State.
13 (5) The Council of State shall ensure that all notices relating to meetings and
14 official actions of the council are duly given as required by law.
15 (6) The Council of State shall publish all decisions in the Louisiana Register
16 in the same manner as provided in and pursuant to R.S. 49:954.1.
17 * * *
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 3 Original 2020 Second Extraordinary Session McFarland
Abstract: Creates and provides for the composition and duties of the Council of State and
prohibits public health emergency declarations from extending beyond 30 days
unless approved by the Council of State.
Present law provides that a state of public health emergency shall continue until the governor
finds that the threat of danger has passed or that the emergency has been dealt with to the
extent that the emergency conditions no longer exist and terminates the state of public health
emergency by executive order or proclamation.
Present law further provides that no state of public health emergency may continue for
longer than 30 days unless renewed by the governor.
Proposed law amends present law to provide that no state of public health emergency may
continue for longer than 30 days unless approved by the Council of State.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 202ES-14 ORIGINAL
HB NO. 3
Proposed law establishes the Council of State and provides that the council shall amend,
approve, or deny public health emergency declarations.
Proposed law provides that the governor, state treasurer, attorney general, speaker of the
House of Representatives, and president of the Senate shall be members of the council.
Proposed law requires the council to appoint a chairperson from among its members.
Proposed law allows the members of the council to appoint a designee who shall have the
rights and privileges of the member being represented.
Proposed law requires the Council of State to give notice for meetings and official actions
and requires the council to publish its decisions in the Louisiana Register.
(Amends R.S. 29:768(A))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.