HLS 202ES-17 ENGROSSED
2020 Second Extraordinary Session
HOUSE CONCURRENT RESOL UTION NO. 15
BY REPRESENTATIVE IVEY
EMERGENCY PREPAREDNESS: Suspends certain provisions of the Louisiana Health
Emergency Powers Act (Items #2, 28, and 41)
1 A CONCURRENT RESOL UTION
2To suspend the provisions of R.S. 29:766(D)(3) through (8), 766(G), 767, 769(A),
3 769(B)(3), and 769(C)(2)(b), relative to the Louisiana Health Emergency Powers
4 Act; and to provide relative to the duration of the suspension.
5 WHEREAS, on March 11, 2020, Governor John Bel Edwards issued Proclamation
6Number 25 JBE 2020 to declare a statewide public health emergency due to the imminent
7threat posed to Louisiana by COVID-19; and
8 WHEREAS, after six months of state-directed effort, the emergency systems and
9procedures that have been put in place, along with a sustainable medical supply chain and
10an informed public, have overcome what was initially an imminent threat to our citizens and
11healthcare system; and
12 WHEREAS, Louisiana citizens have been sufficiently informed of the populations
13most at risk, the health risks associated with the COVID-19 virus, and the recommended
14precautionary measures that should be taken; and
15 WHEREAS, Louisiana citizens, businesses, and organizations, having been informed
16of the risks of COVID-19 and recommended precautionary measures, are in the best position
17to take responsibility for their individual level of risk from COVID-19 infection; and
18 WHEREAS, as a result of the negative impact of COVID-19 to the national and state
19economies, Congress provided an unprecedented, but limited, amount of federal aid to its
20citizens, businesses, and state and local governments; and
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HCR NO. 15
1 WHEREAS, hundreds of thousands of Louisiana citizens have lost their jobs,
2thousands of businesses have permanently closed, and many more are at risk in the coming
3months; and
4 WHEREAS, students in Louisiana are being greatly hindered in academic and
5extracurricular pursuits critical to their personal growth and development, significantly
6impacting the future opportunity of our children and our state; and
7 WHEREAS, it is the will of the Louisiana Legislature that the state function in a
8supporting role for parish and local governments in responding to their requests for
9assistance resulting from the varying local impact caused by the COVID-19 virus and that
10the Governor's Office of Homeland Security and Emergency Preparedness, the Louisiana
11Department of Health, and other state resources be made available to parish governing
12authorities and municipal governing authorities to function in a supporting role to local
13government as provided for in R.S. 29:727 and 737; and
14 WHEREAS, the governor has not, throughout the prolonged duration of this public
15health emergency, collaborated with or sought the counsel of the Louisiana Legislature
16regarding the state’s response to COVID-19 and the cumulative impact of restrictions on
17constituents; and
18 WHEREAS, current laws providing for public health emergencies are inadequate in
19their ability to responsibly manage public health emergencies of extended and unpredictable
20duration due to absence of statutorily required participation by the Legislature of Louisiana;
21and
22 WHEREAS, should the governor veto legislation that creates statutory requirements
23for the Louisiana Legislature to perform their oversight role as it pertains to public health
24emergencies, the Louisiana Legislature will be forced to exercise its constitutional authority
25to temporarily suspend certain statutory authority providing for public health emergencies
26that has been granted to the executive branch.
27 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby suspends
28the provisions of R.S. 29:766(D)(3) through (8), 766(G), 767, 769(A), 769(B)(3), and
29769(C)(2)(b), relative to the Louisiana Health Emergency Powers Act.
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HCR NO. 15
1 BE IT FURTHER RESOLVED that this suspension shall become effective upon
2adoption of this Resolution and shall extend through the sixtieth day after the final
3adjournment of the 2021 Regular Session of the Legislature of Louisiana or through receipt
4by the presiding officers of the Legislature of Louisiana of a written petition to terminate
5House Concurrent Resolution No. 15 of the 2020 Second Extraordinary Session of the
6Legislature of Louisiana signed by a majority of the elected members of each house of the
7Legislature of Louisiana, whichever is earlier.
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 15 Engrossed 2020 Second Extraordinary Session Ivey
Present law includes the following among provisions relative to emergencies:
(1)Imposes criminal penalties for violations of an order, rule, or regulation issued
pursuant to present law.
(2)Authorizes the governor to: transfer functions of state agencies, compel the
evacuation of any stricken or threatened area within the state, prescribe routes,
modes of transportation, and destination in connection with an evacuation, control
ingress and egress to and from a disaster area and the movement of persons and
occupancy of premises within the area, and limit the sale and transportation of
alcoholic beverages and firearms.
(3)Authorizes the director of the Governor's Office of Homeland Security and
Emergency Preparedness to adopt rules and regulations to implement his authority
under present law.
(4)Authorizes the Governor's Office of Homeland Security and Emergency
Preparedness, in accordance with a declaration of public health emergency, to close
or compel evacuation of or to cause decontamination of any facility and to cause
decontamination or destroy any material if there is reasonable cause to believe that
the facility or material may endanger the public health.
(5)Provide for emergency protocols with respect to sheltering in place or evacuating
nursing homes.
(6)Authorizes the state health officer to ration and control the distribution of food, fuel,
clothing, and other commodities.
(7)Authorizes the public health authority to take care of management of businesses
responsible for infectious waste.
Proposed Concurrent Resolution suspends present law until 60 days after adjournment of the
2021 R.S. or until the legislature, by petition, terminates the proposed Concurrent
Resolution.
(Suspends R.S. 29:766(D)(3)-(8), 766(G), 767, 769(A), 769(B)(3), and 769(C)(2)(b))
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HCR NO. 15
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original resolution:
1. Add provision for termination of the proposed Concurrent Resolution by
legislative petition.
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