HLS 202ES-115 ORIGINAL
2020 Second Extraordinary Session
HOUSE CONCURRENT RESOL UTION NO. 9
BY REPRESENTATIVE SCHEXNAYDER
LEGISLATIVE POWERS: Suspends certain authority of the governor relative to the
declaration of an emergency
1 A CONCURRENT RESOL UTION
2To suspend until thirty days after final adjournment of the 2020 Second Extraordinary
3 Session of the Legislature of Louisiana the authority of the governor to declare or
4 renew a state of emergency or public health emergency which addresses or is related
5 to the COVID-19 pandemic pursuant to R.S. 29:724(A) and (B)(1), 766(A) and (B),
6 and 768(A).
7 WHEREAS, on March 11, 2020, the World Health Organization declared the novel
8coronavirus (COVID-19) outbreak a global pandemic; and
9 WHEREAS, on March 11, 2020, Governor Edwards issued Proclamation Number
1025 JBE 2020 to declare a statewide public health emergency due to the imminent threat
11posed to Louisiana citizens by COVID-19; and
12 WHEREAS, on March 13, 2020, President Trump issued Proclamation 9994
13declaring a national emergency concerning COVID-19; and
14 WHEREAS, the extraordinary threat posed by COVID-19 initially caused critical
15shortages of healthcare equipment and personal protective equipment for healthcare workers
16and serious concerns about reduced beds and capacity in hospitals to care for our citizens;
17and
18 WHEREAS, Governor Edwards' proactive actions and measures at the onset of
19COVID-19 were necessary to protect the health and safety of the people of Louisiana; and
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HCR NO. 9
1 WHEREAS, in the seven months following the initial declaration of a public health
2emergency by Governor Edwards, the medical supply chain has recovered and is capable of
3meeting the current demands for COVID-19-related medical equipment and supplies; and
4 WHEREAS, after seven months of state-directed effort, the emergency systems and
5procedures that have been put in place, along with a sustainable medical supply chain and
6an informed public, have overcome what was initially an imminent threat to our residents
7and healthcare system caused by the spread of COVID-19 and a strained medical supply
8chain; and
9 WHEREAS, the continuation of the existing drastic measures currently in place
10pursuant to Proclamation Number 117 JBE 2020 and Proclamation Number 123 JBE 2020
11are creating unnecessary and tragic business and societal hardships; and
12 WHEREAS, the legislature, by petition, has full authority to terminate an entire state
13of emergency or public health emergency and to establish an unlimited period of time during
14which the governor may issue no other declaration of a state of emergency or public health
15emergency as provided by R.S. 29:724(B)(2) and 768(B); and
16 WHEREAS, the Constitution of Louisiana, as provided by Article III, Section 20,
17authorizes the legislature to suspend a law and fix the period of suspension which shall not
18extend beyond the sixtieth day after final adjournment of the next regular session; and
19 WHEREAS, it is the intent of the legislature to employ its least burdensome and
20restrictive authority by narrowing the termination of the state of emergency or public health
21emergency and the period of time within which the governor is prohibited from issuing
22another declaration of a state of emergency or public health emergency instead of completely
23terminating his authority for an unlimited time-period or completely suspending his authority
24for a lengthy time-period; and
25 WHEREAS, the purpose of this Resolution is to prohibit the governor from issuing
26any further declarations or extensions of declarations intended to address the COVID-19
27pandemic, and to limit the suspension for a short time-period; and
28 WHEREAS, this Resolution does not seek to limit the governor's authority to issue
29other declarations unrelated to the COVID-19 pandemic.
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HCR NO. 9
1 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby suspends
2the provisions of R.S. 29:724(A) and (B)(1), 766(A) and (B), and 768(A), which grant the
3authority to the governor to declare or renew a state of emergency or public health
4emergency only as they apply to the COVID-19 pandemic.
5 BE IT FURTHER RESOLVED that this suspension shall become effective upon
6adoption of this Resolution and shall extend through the thirtieth day after final adjournment
7of the 2020 Second Extraordinary 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 9 Original 2020 Second Extraordinary Session Schexnayder
Suspends the provisions of R.S. 29:724(A) and (B)(1), 766(A) and (B), and 768(A), which
authorize the governor to declare and renew a state of emergency or public health emergency
only as they apply to the COVID-19 pandemic.
Present law authorizes the governor to declare and renew emergencies and public health
emergencies.
Proposed law suspends present law only as it applies to the COVID-19 pandemic.
(Suspends R.S. 29:724(A) and (B)(1), 766(A) and (B), and 768(A))
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