HLS 202ES-89 ENGROSSED
2020 Second Extraordinary Session
HOUSE CONCURRENT RESOL UTION NO. 13
BY REPRESENTATIVE MIGUEZ
FIRE PROTECT/FIRE MARSHAL: Prohibits the state fire marshal from enforcing certain
restrictions on businesses (Items #2 and 28)
1 A CONCURRENT RESOL UTION
2To suspend until sixty days after final adjournment of the 2021 Regular Session of the
3 Legislature of Louisiana the enforcement authority of the state fire marshal pursuant
4 to R.S. 40:1591 and any powers delegated to the state fire marshal pursuant to R.S.
5 29:721 et seq. or 760 et seq. as they apply to violations of COVID-19-related
6 restrictions.
7 WHEREAS, the governor has issued several proclamations imposing restrictions on
8businesses during the COVID-19 public health emergency, including those restrictions in
9Proclamation Number 117 JBE 2020 and Proclamation 123 JBE 2020; and
10 WHEREAS, in these proclamations the state fire marshal is authorized and directed
11to "ensure compliance with" these orders and "is empowered to exercise all authorities
12pursuant to La. R.S. 29:721, et seq., and La. R.S. 29:760, et seq."; and
13 WHEREAS, the state fire marshal is granted general enforcement authority pursuant
14to R.S. 40:1591 which includes the power to enforce all laws under the jurisdiction of the
15state fire marshal; and
16 WHEREAS, the purpose of this Resolution is to prohibit the state fire marshal from
17enforcing closures or restrictions on businesses, imposing fines, or suspending or revoking
18licenses as a result of alleged or actual violations of the governor's COVID-19-related
19restrictions; and
20 WHEREAS, this Resolution does not seek to limit the state fire marshal's
21enforcement powers in any other context.
Page 1 of 2 HLS 202ES-89 ENGROSSED
HCR NO. 13
1 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby suspends
2the provisions of R.S. 40:1591 granting enforcement powers to the state fire marshal as they
3apply to violations of COVID-19-related restrictions.
4 BE IT FURTHER RESOLVED that the Legislature of Louisiana hereby suspends
5the provisions of R.S. 29:721 et seq. and 760 et seq. pursuant to which any powers are
6delegated to the state fire marshal to enforce COVID-19-related restrictions.
7 BE IT FURTHER RESOLVED that this suspension shall become effective upon
8adoption of this Resolution and shall extend through the sixtieth day after final adjournment
9of the 2021 Regular Session of the Legislature of Louisiana.
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)]
HCR 13 Engrossed 2020 Second Extraordinary Session Miguez
Suspends the enforcement authority of the state fire marshal as it relates to violations of
COVID-19-related restrictions.
Effective through the 60th day following final adjournment of the 2021 R.S.
(Suspends R.S. 29:721-739 and 760-775 and R.S. 40:1591)
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