Louisiana 2020 2020 2nd Special Session

Louisiana House Bill HB4 Introduced / Bill

                    HLS 202ES-1	ORIGINAL
2020 Second Extraordinary Session
HOUSE BILL NO. 4
BY REPRESENTATIVES WRIGHT, BACALA, MIGUEZ, AND HODGES
EMERGENCY PREPAREDNESS:  Provides relative to emergency declarations (Items #1,
2, and 28)
1	AN ACT
2To amend and reenact R.S. 29:724(B)(1) and 768(A), relative to emergency declarations;
3 to provide relative to the renewal of emergency declarations; to require legislative
4 approval for renewal of emergency declarations; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 29:724(B)(1) and 768(A) are hereby amended and reenacted to read
7as follows:
8 §724.  Powers of the governor
9	*          *          *
10	B.(1)  A disaster or emergency, or both, shall be declared by executive order
11 or proclamation of the governor if he finds that a disaster or emergency has occurred
12 or the threat thereof is imminent.  The state of disaster or emergency shall continue
13 until the governor finds that the threat of danger has passed or the disaster or
14 emergency has been dealt with to the extent that the emergency conditions no longer
15 exist and terminates the state of disaster or emergency by executive order or
16 proclamation, but no state of disaster or emergency may shall continue for longer
17 than thirty days unless renewed by the governor.  A state of disaster or emergency
18 may be renewed by the governor only if such renewal is approved by a majority vote
19 of each house of the legislature.
20	*          *          *
Page 1 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 202ES-1	ORIGINAL
HB NO. 4
1 §768.  Termination of declaration of public health emergency
2	A.  The state of public health emergency shall continue until the governor
3 finds that the threat of danger has passed or the disaster or emergency has been dealt
4 with to the extent that the emergency conditions no longer exist and terminates the
5 state of public health or emergency by executive order or proclamation, but no state
6 of public health emergency may shall continue for longer than thirty days unless
7 renewed by the governor.  A state of public health emergency may be renewed by
8 the governor only if such renewal is approved by a majority vote of each house of
9 the legislature.
10	*          *          *
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 4 Original 2020 Second Extraordinary Session	Wright
Abstract:  Authorizes the legislature, by a majority vote, to approve the renewal of
emergency declarations to continue beyond 30 days.
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.
Proposed law amends present law to provide that no state of disaster, emergency, or public
health emergency shall continue beyond 30 days unless renewed by the governor and
approved by a majority vote of each house of the legislature.
(Amends R.S. 29:724(B)(1) and 768(A))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.