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SENATE SUMMARY OF HOUSE AMENDMENTS
SB 29 2020 Second Extraordinary Session Cortez
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
EMERGENCY POW ERS. Requires legislative approval of a state of emergency issued
by the governor that extends beyond thirty days. (gov sig) (Items #1 and #2)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Change the overall requirement of the bill from only a review of a pending renewal
of an gubernatorial declaration of disaster or emergency by a committee of 10
legislators to review and ballot approval by a majority of surviving members of each
house.
2. Require the governor to submit notification of his intent to renew to the secretary of
the Senate and the clerk of the House of Representatives when he submits the
notification to the committee. Provide a balloting process triggered by the
notification. Mandate the clerical officers to transmit ballots to the members, to
notify members of receipt of voted ballots, to tabulate the votes on the ballots
received, and to disseminate the tabulation.
3. Change time frame in which the governor must submit notification of his intent to
renew a disaster or emergency declaration from seven days to seventy-two hours
prior to expiration.
4. Remove time frame in which the committee may to review the governor's
notification of his intent to renew an executive order.
5. Allow the governor to make changes to the proposed renewal language after
submission of the notification of intent to renew.
6. Add provision that requires the legislature's termination of a declaration of disaster
or emergency to be in the form of a concurrent resolution if the legislature is in
session and allows the termination to be completed by mail ballot rather than signed
petition if the legislature is not in session.
7. Allow the legislature to terminate only portions of the declaration of disaster or
emergency.
8. Specify that the termination may include a period during which no other declaration
related to the same disaster or emergency may be issued by the governor, rather than
preventing the issuance of any other disaster or emergency declaration. HASBSB29 SULLIVAN 228
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
DIGEST
SB 29 Reengrossed 2020 Second Extraordinary Session Cortez
Proposed law requires approval of a majority of the surviving members of each house for
the governor to renew a declaration. Prohibits the governor from renewing a declaration
without legislative approval. Allows the legislature at any time, with the approval of a
majority of the surviving members of each house, to terminate a gubernatorial declaration
of disaster or emergency or a portion of a declaration.
Present law provides for the governor to declare a state of disaster or emergency, including
a public health emergency, by executive order or proclamation. Restricts the length of any
declaration to 30 days. 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 allows the governor to renew a declaration of disaster or emergency if the
conditions necessitating the original declaration have not passed or been addressed within
30 days.
Proposed law requires legislative review and approval for the renewal of any disaster or
emergency declaration. Specifies that absent legislative approval, the disaster or emergency
is terminated and the governor is prohibited from renewing the state of disaster or
emergency.
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.
(10)A member of the Senate, appointed by the president.
Provides for notification of the committee, the chief justice of the supreme court, and the
chief clerical officer of each house of the legislature of a governor's intent to renew an
executive order or proclamation declaring the existence or imminent threat of a state of
disaster or 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 further requires the governor to submit the notification of his intent to renew
to the clerk of the House of Representatives and the secretary of the Senate. Requires the
clerical officers to present the question of approval of the renewal to the surviving members
of each house. Provides a mechanism, including time limitations, for a balloting process
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triggered by the notification. Mandates the clerical officers to transmit ballots to the
members, to notify members of receipt of voted ballots, to tabulate the votes on the ballots
received, and to disseminate the tabulation. Specifies that if a majority of the members of
each house do not vote to approve the renewal, the state of emergency or disaster is deemed
terminated as of the date and time the tabulation is transmitted to the governor. Prohibits the
governor from issuing another order or proclamation renewing that state of disaster or
emergency.
Proposed law specifies that the notification of intent 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.
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 termination to be approved by a majority of the surviving
members of each house. Allows the termination to be limited to any section or subsection
of the declaration. Requires the termination to be in the form of a concurrent resolution if
the legislature is in session. Allows the termination to be completed by mail ballot or signed
petition if the legislature is not in session.
Proposed law provides that if the termination establishes a period during which no other
declaration related to the same emergency or disaster may be issued, the period shall not
exceed 30 days.
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 that the legislature has ended the state of disaster or emergency.
Specifies that no additional action is required to effectuate the termination of the state of
emergency or disaster.
Proposed law provides that proposed law shall not be construed 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))
______________________
Laura Gail Sullivan
Senate Counsel
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