HLS 22RS-858 REENGROSSED
2022 Regular Session
HOUSE BILL NO. 701
BY REPRESENTATIVES HILFERTY AND GAROFALO
EMERGENCY PREPAREDNESS: Provides relative to the declaration of a state of
emergency
1 AN ACT
2To amend and reenact R.S. 29:727(D) and 737(C), relative to emergency preparedness; to
3 provide relative to declarations of states of emergency declared by local officials; to
4 provide for the duration of states of emergency; to provide for approval of an
5 extension of a declaration of emergency under certain circumstances; and to provide
6 for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 29:727(D) and 737(C) are hereby amended and reenacted to read as
9follows:
10 §727. Powers of the parish president; penalties for violations
11 * * *
12 D.(1) A local disaster or emergency may be declared only by the parish
13 president, except as otherwise provided in this Chapter. In that event, the state of
14 emergency shall continue until the parish president finds that the threat of danger has
15 been dealt with to the extent that emergency conditions no longer exist. However,
16 no state of emergency may continue for longer than thirty days unless extended by
17 the parish president, and no continuous state of emergency may continue for a period
18 of more than ninety days unless approved by the parish governing authority.
19 (2) The state of emergency may be terminated by executive order or
20 proclamation. The state of emergency or disaster may be terminated by the
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HB NO. 701
1 governor, a petition signed by a majority of the surviving members of either house
2 of the legislature, or by a majority of the surviving members of the parish governing
3 authority. The document terminating the state of emergency or disaster may
4 establish a period during which no other declaration of emergency or disaster may
5 be issued. The termination of a state of disaster or emergency pursuant to this
6 Paragraph shall not affect changes to polling places for an election being conducted
7 in accordance with R.S. 18:401.1 or 401.2.
8 (3) All executive orders or proclamations issued under this Subsection shall
9 indicate the nature of the emergency, the area or areas which are or may be affected,
10 and the conditions which brought it about. Any order or proclamation declaring,
11 continuing, or terminating a local disaster or emergency shall be given prompt and
12 general publicity and shall be filed promptly with the office of emergency
13 preparedness and the office of the clerk of court.
14 * * *
15 §737. Municipalities; authority to respond to emergencies
16 * * *
17 C.(1) The state of emergency shall continue until the mayor or chief
18 executive officer finds that the threat of danger has been dealt with to the extent that
19 emergency conditions no longer exist. The state of emergency may be terminated
20 by executive order or proclamation, but However, no state of emergency may
21 continue for longer than thirty days unless extended by the mayor or chief executive
22 officer., and no continuous state of emergency may continue for a period of more
23 than ninety days unless approved by the municipal governing authority.
24 (2) The state of emergency or disaster may be terminated by the governor,
25 parish president, a petition signed by a majority of the surviving members of either
26 house of the legislature, a majority of the surviving members of the parish governing
27 authority, or a majority of the surviving members of the municipal governing
28 authority. The document terminating the state of emergency or disaster may
29 establish a period during which no other declaration of emergency or disaster may
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HB NO. 701
1 be issued. The termination of a state of disaster or emergency pursuant to this
2 Paragraph shall not affect changes to polling places for an election being conducted
3 in accordance with R.S. 18:401.1 or 401.2.
4 (3) All executive orders or proclamations issued under this Subsection shall
5 indicate the nature of the emergency, the area or areas which are or may be affected,
6 and the conditions which brought it about. Any order or proclamation declaring,
7 continuing, or terminating a local disaster or emergency shall be given prompt and
8 general publicity and shall be filed promptly with the Governor's Office of
9 Homeland Security and Emergency Preparedness, the local office of homeland
10 security and emergency preparedness, and the office of the clerk of court.
11 * * *
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)]
HB 701 Reengrossed 2022 Regular Session Hilferty
Abstract: Provides for the declaration of a state or emergency in parishes and
municipalities; requires the approval of the governing authority of the parish or
municipality before a declaration of a state of emergency may continue for a period
exceeding 90 days.
Present law provides that a local disaster or emergency may be declared only by the parish
president, except as otherwise provided in present law, and that it shall continue until the
parish president finds that the threat of danger has been dealt with to the extent that
emergency conditions no longer exist.
Proposed law retains present law and also provides that no state of emergency may continue
for longer than 30 days unless extended by the parish president and that no continuous state
of emergency may be extended by the parish president for a period exceeding 90 days unless
approved by the governing authority of the parish.
Present law provides that whenever a situation develops within or outside of a municipality
which the chief executive officer of the municipality determines requires immediate action
to preserve the public peace, property, health, or safety within the municipality or to provide
for continued operation of municipal government, the chief executive officer of the
municipality is authorized to undertake immediate emergency response measures.
Present law provides that the state of emergency shall continue until the mayor or chief
executive officer finds that the threat of danger has been dealt with to the extent that
emergency conditions no longer exist, but that no state of emergency may continue for
longer than 30 days unless extended by the mayor or chief executive officer.
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HB NO. 701
Proposed law retains present law and further provides that no state of emergency may be
extended by the mayor or chief executive officer for a period exceeding 90 days unless
approved by the governing authority of the municipality.
Present law provides for termination of local emergencies by the governor, either house of
the legislature, the parish president, or the local governing authority. Also authorizes the
parish president or the parish governing authority to terminate a municipal emergency.
Proposed law provides that termination of an emergency does not affect changes to polling
places for an election conducted in accordance with present law regarding emergency
election procedures.
(Amends R.S. 29:727(D) and 737(C))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Add provision that proposed law does not affect an election being conducted in
accordance with present law regarding emergency election procedures.
2. Make technical changes.
The House Floor Amendments to the engrossed bill:
1. Remove proposed law providing for termination of emergencies by both houses
of the legislature and procedures related thereto.
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CODING: Words in struck through type are deletions from existing law; words underscored
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