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 Original 2022 Regular Session Hilferty
Abstract: Provides the procedures for the legislature to terminate a declaration of a state of disaster
or emergency; 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 for the termination of a state of emergency by executive order or proclamation
by the governor, a petition signed by a majority of the surviving members of either house of the
legislature, a majority of the surviving members of the parish governing authority (in the case of a
parish-declared emergency), or a majority of the surviving members of the municipal governing
authority (in the case of a municipal-declared emergency).
Proposed law retains present law except for changing the procedure for termination of a state of
emergency by the legislature.
Proposed law provides that if the legislature is in session, by adoption of a concurrent resolution, it
may direct the governor, parish president, or mayor who declared a state of disaster or emergency
or public health emergency to terminate the state of disaster or emergency or public health
emergency and may establish a period during which no other declaration of emergency or disaster
or public health emergency may be issued.
Proposed law provides that if the legislature is not in session, the speaker of the House of
Representatives and the president of the Senate may utilize the procedures provided by proposed law
to allow the surviving members of the legislature to vote to direct the governor, parish president, or
mayor who declared a state of disaster or emergency or public health emergency to terminate such
declaration.
Proposed law provides that upon the direction by the speaker and the president, the clerk of the
House of Representatives and the secretary of the Senate shall prepare and transmit a ballot to each
member of the legislature.
Proposed law provides for the uniformity, information contained in, and criteria of the ballots to be
transmitted.
Proposed law requires each member to complete and sign the ballot and return it to the clerical
officer of his house. Proposed law requires the clerk and the secretary to initiate and oversee the design and
implementation of a system to allow each member to electronically vote and return his ballot and
shall certify that the system meets the requirements of proposed law.
Proposed law provides that on the 10th day after the transmittal date, the clerk and the secretary shall
provide a notice to each member whose voted ballot has not been received indicating that the
member's voted ballot has not been received and informing the member of the deadline for returning
the ballot.
Proposed law provides that the ballots shall be returned to the clerk and the secretary no later than
five o'clock p.m. on the 15th day after the transmittal date, and that no ballot received after the
deadline shall be valid or counted and shall be marked "Invalid".
Proposed law requires the clerk and the secretary to tabulate the vote and to hold the ballots under
seal until the day when such ballots are tabulated.
Proposed law requires the tabulation to indicate by name those members who voted in favor of each
item, those who voted against each item, those who did not vote on one or more items, those who
did not return the ballot by the due date and time, and those whose ballots were invalid because not
signed by the member. Proposed law further requires the clerk and the secretary to sign the
tabulation sheet and cause a summary to be transmitted to the governor, parish president, or mayor
who declared a state of disaster or emergency.
Proposed law provides that approval by the requisite majority of the surviving members of the
legislature shall constitute approval to direct the termination of a state of disaster or emergency or
public health emergency declared by the governor, parish president, or mayor who declared a state
of disaster or emergency or public health emergency.
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.
The state of emergency may be terminated by executive order or proclamation.
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.
Proposed law provides that no 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 further provides that whenever the chief executive officer undertakes immediate
emergency response measures because of a disaster or emergency, he shall immediately notify the
parish president and advise him of the nature of the disaster or emergency and the emergency
response measures being undertaken.
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, and further provides that the state of emergency may be terminated by executive order
or proclamation, but that no state of emergency may continue for longer than 30 days unless
extended by the mayor or chief executive officer.
Proposed law retains present law.
Proposed law 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.
(Amends R.S. 29:727(D) and 737(C); Adds R.S. 29:724.1)