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2020 Second Extraordinary Session
HOUSE BILL NO. 68
BY REPRESENTATIVE SCHEXNAYDER
LEGISLATIVE POWERS: Provides with respect to legislative authority during periods of
certain declared emergencies (Items #1, 2, 28, and 41)
1 AN ACT
2To amend and reenact R.S. 29:722(A)(2), 724(A) and (B), 766(A), (B), and (D), and 768,
3 relative to the declaration of emergencies; to provide relative to the declaration of a
4 state of disaster or emergency and a state of public health emergency; to provide for
5 the renewal and termination of certain emergencies; to create the Legislative
6 Committee on Emergency Declarations; to provide for the authority, duties, and
7 membership of the Legislative Committee on Emergency Declarations; and to
8 provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 29:722(A)(2), 724(A) and (B), 766(A), (B), and (D), and 768 are
11hereby amended and reenacted to read as follows:
12 §722. Purpose
13 A. Because of the existing possibility of the occurrence of emergencies and
14 disasters of unprecedented size and destructiveness resulting from terrorist events,
15 enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake, or
16 other natural or manmade causes, and in order to ensure that preparations of this state
17 will be adequate to deal with such emergencies or disasters, and in order to detect,
18 prevent, prepare for, investigate, respond to, or recover from these events, and
19 generally to preserve the lives and property of the people of the state of Louisiana,
20 it is hereby found and declared to be necessary:
21 * * *
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1 (2) To confer upon the governor and upon the parish presidents the
2 emergency powers as provided by and limited in this Chapter.
3 * * *
4 §724. Powers of the governor and legislature
5 A. The governor is responsible for meeting the dangers to the state and
6 people presented by emergencies or disasters, and in In order to effectuate the
7 provisions of this Chapter, the governor may issue declarations by executive orders,
8 proclamations, and regulations and amend or rescind them. The Committee on
9 Emergency Declarations may issue a renewal of a declaration of a state of disaster
10 or emergency. Executive orders, proclamations, and regulations Declarations so
11 issued shall have the force and effect of law.
12 B.(1)(a) A disaster or emergency, or both, shall be declared by executive
13 order or proclamation of the governor if he finds that a disaster or emergency has
14 occurred or the threat thereof is imminent. The state of disaster or emergency shall
15 continue until the governor finds that the threat of danger has passed or the disaster
16 or emergency has been dealt with to the extent that the emergency conditions no
17 longer exist and terminates the state of disaster or emergency by executive order or
18 proclamation, but no state of disaster or emergency may shall continue, under any
19 single or successive declaration, for longer than thirty days unless renewed by the
20 governor Legislative Committee on Emergency Declarations.
21 (b) For the purposes of this Chapter and Chapter 9 of this Title, the
22 Legislative Committee on Emergency Declarations is hereby established to issue
23 renewals of declarations of a state of disaster or emergency.
24 (c) The Legislative Committee on Emergency Declarations shall meet within
25 thirty days of the issuance of the initial declaration of a state of disaster or
26 emergency to decide whether to renew the declaration. In issuing a renewed
27 declaration, the committee may make any modifications to the initial declaration it
28 deems appropriate. No renewed declaration shall continue for longer than thirty days
29 unless renewed by the committee.
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1 (d) A decision by the committee to renew or modify a declaration shall
2 require the favorable vote of at least a majority of the members of the committee.
3 Each declaration to renew a declaration shall be published as required by
4 Subparagraph (4)(c) of this Subsection.
5 (2)(a) The During the first thirty days after the initial declaration of a state
6 of disaster or emergency, either house of the legislature, by petition signed by a
7 majority of the surviving members of either house the house filing the petition, may
8 terminate any declaration related to a state of disaster or emergency at any time.
9 This petition terminating the a declaration of a state of emergency or disaster may
10 establish a period during which no other declaration of a state of emergency or
11 disaster may be issued based on the same circumstances as the terminated
12 declaration. The petition shall be delivered to the governor and shall become
13 effective upon delivery to the governor. Thereupon, the governor shall issue an
14 executive order or proclamation a declaration ending all prior declarations related to
15 the state of disaster or emergency.
16 (b) Subsequent to the first thirty days after the initial declaration of a state
17 of disaster or emergency, either house of the legislature, by petition signed by a
18 majority of the surviving members of the house filing the petition, may terminate any
19 declaration related to a state of disaster or emergency at any time. This petition
20 terminating a declaration of a state of emergency or disaster may establish a period
21 during which no other declaration of a state of disaster or emergency may be issued
22 based on the same circumstances as the terminated declaration. The petition shall
23 be delivered to the committee, shall become effective upon delivery to the
24 committee, and shall supersede a decision of the committee, if any. Thereupon, the
25 committee shall issue a declaration ending all prior declarations related to the state
26 of disaster or emergency.
27 (3) The Legislative Committee on Emergency Declarations shall be
28 composed of the following members:
29 (a) The speaker of the House of Representatives.
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1 (b) The president of the Senate.
2 (c) The speaker pro tempore of the House of Representatives.
3 (d) The president pro tempore of the Senate.
4 (4)(a) The committee shall appoint a chairperson from among its members,
5 and each member may appoint a designee who shall have all the rights and privileges
6 as a member of the committee.
7 (b) The committee shall ensure that all notices relating to meetings and
8 official actions of the council are duly given as required by law.
9 (c) The committee shall publish all decisions and declarations in the
10 Louisiana Register in the same manner as provided in and pursuant to R.S. 49:954.1.
11 (3)(5) All executive orders or proclamations declarations issued under this
12 Subsection shall indicate the nature of the disaster or emergency, the designated
13 emergency area which is or may be affected, and the conditions which have brought
14 it about or which make possible the termination of the state of disaster or emergency.
15 An executive order or proclamation A declaration shall be disseminated promptly
16 by means calculated to bring its contents to the attention of the general public and,
17 unless the circumstances attendant upon the disaster or emergency prevent or impede
18 it, promptly filed with the Governor's Office of Homeland Security and Emergency
19 Preparedness and with the secretary of state.
20 (4)(6) As soon as conditions allow, the governor or the committee, as
21 appropriate, may proclaim declare a reduction of the designated emergency area, or
22 the termination of the state of emergency.
23 * * *
24 §766. Declaration of a state of public health emergency
25 A. Declaration.
26 A state of public health emergency may be declared by executive order or
27 proclamation of the governor, following consultation with the public health
28 authority, if he finds a public health emergency as defined in R.S. 29:762 has
29 occurred or the threat thereof is imminent. The Committee on Emergency
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1 Declarations may declare a renewal of a declaration of a public health emergency
2 issued pursuant to this Chapter.
3 B. Content of declaration.
4 A state of public health emergency shall be declared by an executive order
5 or proclamation that indicates the nature of the public health emergency, the area or
6 areas which are or may be affected, and the conditions which have brought it about
7 or which make possible the termination of the state of disaster or emergency. The
8 Committee on Emergency Declarations may issue a renewal of a declaration of a
9 public health emergency. An executive order or proclamation Declarations shall be
10 disseminated promptly by means reasonably calculated to bring its their contents to
11 the attention of the general public and, unless the circumstances attendant upon the
12 public health emergency prevent or impede it, the executive order or proclamation
13 declaration shall be promptly filed with the Governor's Office of Homeland Security
14 and Emergency Preparedness, with the Louisiana Department of Health, office of
15 public health, and with the secretary of state.
16 * * *
17 D. Emergency powers.
18 During a state of public health emergency, in addition to any powers
19 conferred upon the governor by law and limited by this Chapter, he may do any or
20 all of the following:
21 * * *
22 §768. Termination of declaration of public health emergency
23 A.(1) The state of public health emergency shall continue until the governor
24 finds that the threat of danger has passed or the disaster or emergency has been dealt
25 with to the extent that the emergency conditions no longer exist and terminates the
26 state of public health or emergency by executive order or proclamation, but no state
27 of public health emergency may shall continue for longer than thirty days unless
28 renewed by the governor Legislative Committee on Emergency Declarations, in
29 consultation with the public health authority.
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1 (2) For purposes of this Chapter, the Legislative Committee on Emergency
2 Declarations shall have the same authority, duties, and voting requirements as are
3 provided to the committee by Chapter 6 of this Title.
4 (3) The Legislative Committee on Emergency Declarations shall meet within
5 thirty days of the issuance of the declaration of a state of public health emergency
6 to decide whether to renew the state of public health emergency. In renewing a
7 declaration of a state of public health emergency, the committee may make any
8 modifications to the declaration it deems appropriate. No renewal of the state of
9 public health emergency shall continue for longer than thirty days unless renewed
10 by the Legislative Committee on Emergency Declarations.
11 B.(1) The During the first thirty days after the initial declaration of a public
12 health emergency, either house of the legislature, in consultation with the public
13 health authority, by a petition signed by a majority of the surviving members of
14 either house the house filing the petition, may terminate any declaration related to
15 a state of public health emergency at any time. This petition terminating the public
16 health emergency a declaration may establish a period during which no other
17 declaration of a state of public health emergency may be issued based on the same
18 circumstances as the terminated declaration. The petition shall be delivered to the
19 governor and shall become effective upon delivery to the governor. Thereupon, the
20 governor shall issue an executive order or proclamation a declaration ending any
21 prior declaration related to the state of public health or emergency.
22 (2) Subsequent to the first thirty days after the initial declaration of a state
23 of public health emergency, either house of the legislature, by petition signed by a
24 majority of the surviving members of the house filing the petition, may terminate any
25 declaration related to a state of public health emergency at any time. This petition
26 terminating a declaration of a public health emergency may establish a period during
27 which no other declaration of a state of public health emergency may be issued
28 based on the same circumstances as the terminated declaration. The petition shall
29 be delivered to the committee, shall become effective upon delivery to the
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1 committee, and shall supersede a decision of the committee, if any. Thereupon, the
2 committee shall issue a declaration ending all prior declarations related to the state
3 of public health emergency.
4 Section 2. This Act shall become effective upon signature by the governor or, if not
5signed by the governor, upon expiration of the time for bills to become law without signature
6by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
7vetoed by the governor and subsequently approved by the legislature, this Act shall become
8effective on the day following such approval.
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 68 Engrossed 2020 Second Extraordinary Session Schexnayder
Abstract: Creates and provides for the composition and duties of the Legislative
Committee on Emergency Declarations and prohibits disaster or emergency
declarations or public health emergency declarations from extending beyond 30 days
unless approved by the Legislative Committee on Emergency Declarations.
Present law provides that disaster or emergency declarations or public health emergency
declarations 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 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 disaster or emergency declarations or
public health emergency declarations may continue for longer than 30 days unless renewed
by the Legislative Committee on Emergency Declarations.
Proposed law establishes the Legislative Committee on Emergency Declarations and
provides that the committee may renew public health emergency declarations.
Present law provides that the legislature may file a petition to terminate a state of public
health emergency if signed by the surviving members of either house.
Proposed law retains and clarifies the procedures of present law, and provides that the
petition supersedes any decision of the Legislative Committee on Emergency Declarations.
Proposed law provides that the speaker of the House of Representatives, the president of the
Senate, the speaker pro tempore of the House of Representatives, and the president pro
tempore of the Senate shall be members of the committee.
Proposed law requires the committee to appoint a chairperson from among its members.
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Proposed law allows the members of the committee to appoint a designee who shall have the
rights and privileges of the member being represented.
Proposed law provides that no decision by the committee to renew or modify a declaration
shall be without the favorable vote of at least a majority of the members of the Legislative
Committee on Emergency Declarations.
Proposed law requires the committee to give notice for meetings and official actions and
requires the council to publish its decisions in the Louisiana Register.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 29:722(A)(2), 724(A) and (B), 766(A), (B), and (D), and 768)
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