RDCSB29 4144 223
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)]
SB 29 Reengrossed 2020 Second Extraordinary Session Cortez
Present law provides for the governor to declare a state of emergency or disaster, including
a public health emergency, by executive order or proclamation. Restricts the length of any
declaration to 30 days. Allows the governor to renew the state of emergency or disaster.
Authorizes the governor to suspend the provisions of any regulatory statute prescribing
procedures for conducting state business, or the orders, rules, or regulations of any state
agency, if strict compliance with the statute, order, rule, or regulation would prevent, hinder,
or delay necessary action in coping with the emergency.
Proposed law retains present law and requires the suspension of a statute to be narrowly
tailored to avoid the prevention, hindrance, or delay of the action necessary to cope with the
emergency. Further requires the language suspending the statute to state with specificity the
obstacles to the action necessary for addressing the emergency that strict compliance with
the provisions of the statute would cause.
Present law authorizes the legislature to terminate a state of disaster or emergency at any
time by a petition signed by a majority of the surviving members of either house. Provides
that the petition may establish a period during which no other declaration of emergency or
disaster may be issued. Proposed law requires the petition to be signed by a majority of the
surviving members of each house.
Proposed law requires the petition to be in the form of a concurrent resolution if the
legislature is in session. Proposed law allows the petition to be completed by mail ballot if
the legislature is not in session.
Present law provides for the governor to issue an executive order or proclamation ending the
state of disaster or emergency upon petition signed by the required members of the
legislature.
Proposed law instead provides for notification of the governor, the secretary of state, the
chief justice, and public. Specifies that no additional action is required to effectuate the
termination of the state of emergency or disaster.
Proposed law creates the Legislative Emergency Declaration Review Committee, comprised
of ten members:
(1)The speaker of the House of Representatives.
(2)The president of the Senate.
(3)The speaker pro tempore of the House of Representatives.
(4)The president pro tempore of the Senate.
(5)The chair of the House Committee on Appropriations.
(6)The chair of the Senate Committee on Finance.
(7)The chair of the House Committee on Health and Welfare.
(8)The chair of the Senate Committee on Health and Welfare.
(9)A member of the House of Representatives, appointed by the speaker.
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(10)A member of the Senate, appointed by the president.
Provides for notification of the committee and the chief justice of the supreme court of a
governor's intent to renew an executive order or proclamation declaring the existence or
imminent threat of a state of emergency, including a public health emergency or to renew
a suspension of a statute, order, rule, or regulation.
Proposed law provides that, after the initial 30-day period, the governor may renew the
declaration or suspension and requires the governor to submit, at least 72 hours before
expiration, written notification of his intent to renew the order, proclamation, or suspension
to the committee and the chief justice of the state supreme court for review.
Proposed law specifies that the notification of intent to renew or request for approval to
renew must state the reasons for the renewal, the duration of the renewal, and a plan of
action to address the conditions necessitating the renewal. Further provides that a copy of
the notification shall be provided to any member of the legislature upon request by that
member.
Proposed law allows the committee to hold a public meeting to consider the request.
Authorizes the committee to meet remotely pursuant to present law.
Proposed law provides that proposed law shall not be applied to nullify any order,
proclamation, or suspension in effect on the effective date of proposed law.
Proposed law requires the governor to submit to the committee and to the chief justice any
executive order or proclamation declaring a state of disaster or emergency, including a
public health emergency, in effect on the effective date of proposed law and any suspension
related thereto for review in conformity with the provisions of proposed law. Subjects any
renewal of an order, proclamation, or suspension in effect on the effective date of proposed
law to the requirements of proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 29:724(B)(1) and (2) and (D)(1), 766(D)(1), and 768; Adds R.S. 29:724(I))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Added that any member of the legislature upon request shall be provided a
copy of notification of intent to renew.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the reengrossed bill:
1. Change time frame, in which the governor must submit to the committee and to
the chief justice of the La. Supreme Court a notification of his intent to renew an
executive order, from seven days to seventy-two hours prior to expiration.
2. Add provision that requires the petition to be in the form of a concurrent
resolution if the legislature is in session and allows the petition to be completed
by mail ballot if the legislature is not in session.
3. Remove time frame in which the committee must meet to review the governor's
notification of his intent to renew an executive order.
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