SB 29 - Authorizes the Legislature to Void a State of Emergency Declaration After 30 Days - Louisiana Key Vote

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Title: Authorizes the Legislature to Void a State of Emergency Declaration After 30 Days

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the state legislature to void a state of emergency declaration after 30 days.

Highlights:

 

  • Establishes that a state of emergency may be declared by the governor and will continue until the danger or conditions have passed. However, no state of disaster or emergency may last more than 30 days unless directly renewed by the governor (Sec. 1).

  • Establishes that the legislature may terminate a state of disaster or emergency with a majority vote in each house which includes a date of termination and may include a period where no other declarations of disaster or emergency may be issued (Sec. 1).

  • Requires the clerk of the House of Representatives and the secretary of the Senate to transmit copies of the signed petition to the governor, the secretary of state, and the chief justice of the Louisiana Supreme Court (Sec. 1).

  • Requires the clerk and secretary to give notice to the public upon legislative termination of a state of emergency through publishing the petition to the joint state legislative website and in the official state journal (Sec. 1)

  • Authorizes the governor to suspend provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if the following of any outlined rule would interfere with necessary action in coping with the emergency. However, no suspension may exceed 30 days unless renewed by the governor (Sec. 1).

  • Establishes the Legislative Emergency Declaration Review Committee to oversee declarations of emergency (Sec. 1).

  • Authorizes the governor to renew their initial executive order, proclamation, or suspension so long as at least 7 days prior to the expiration of the order, written intent to renew is submitted to the committee and chief justice of the Louisiana Supreme Court for review including (Sec. 1):

    • The reason for renewal;

    • The duration of the renewal; and

    • A plan of action to address the conditions necessitating the renewal.

  • Requires the committee to meet for review of a gubernatorial notification of renewal no later than 5 days after the receipt of the notification and allows the committee to (Sec 1):

    • Call witnesses;

    • Receive testimony; and

    • Limit public comment.

  • Authorizes the governor to suspend provisions of any regulatory statute prescribing procedures in the case of a state of public health emergency for the conducting of state business if following such rules interferes with necessary action in coping with the emergency. However, no suspension may exceed 30 days without renewal (Sec. 1).

  • Authorizes termination of a declaration of public health emergency if the governor finds the threat of danger is no longer present or the emergency has been resolved to a point where the conditions no longer exist (Sec. 1).

  • Authorizes the legislature to terminate a state of emergency with a petition signed by a majority in each house and requires the petition to include a date of termination and may establish a period in which no other declaration of public health emergency may be issued and requires (Sec. 1);

    • The clerk of the House of Representatives and the secretary of the senate must transmit signed copies of the petition to the governor, the secretary of state, and the chief justice of the Louisiana Supreme Court,

    • The clerk and secretary must give notice to the public of the termination and publish the petition on the joint legislative website and in the official state journal.

Title: Authorizes the Legislature to Void a State of Emergency Declaration After 30 Days

Title: Authorizes the Legislature to Void a State of Emergency Declaration After 30 Days

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