Louisiana 2022 2022 Regular Session

Louisiana House Bill HB701 Comm Sub / Analysis

                    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.
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.