{
 "citation": "14:329.6",
 "heading": "Proclamation of state of emergency; conditions therefor; effect thereof",
 "doc_id": "78434",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78434",
 "classification": "",
 "enacted_year": "2020",
 "last_amended_year": "2020",
 "penalties": [],
 "referenced_statutes": [
  "29:723",
  "29:724"
 ],
 "text": "RS 14:329.6\n\n\u00a7329.6. Proclamation of state of emergency; conditions therefor; effect thereof\n\nA. During times of great public crisis, disaster, rioting, catastrophe, or similar public\nemergency within the territorial limits of any municipality or parish, or in the event of\nreasonable apprehension of immediate danger thereof, and upon a finding that the public\nsafety is imperiled thereby, the chief executive officer of any political subdivision or the\ndistrict judge, district attorney, or the sheriff of any parish of this state, or the public safety\ndirector of a municipality, may request the governor to proclaim a state of emergency within\nany part or all of the territorial limits of such local government. Following such proclamation\nby the governor, and during the continuance of such state of emergency, the chief law\nenforcement officer of the political subdivision affected by the proclamation may, in order\nto protect life and property and to bring the emergency situation under control, promulgate\norders affecting any part or all of the territorial limits of the municipality or parish:\n\n(1) Establishing a curfew and prohibiting and/or controlling pedestrian and vehicular\ntraffic, except essential emergency vehicles and personnel;\n\n(2) Designating specific zones within which the occupancy and use of buildings and\nthe ingress and egress of vehicles and persons shall be prohibited or regulated;\n\nNOTE: See HCR 5 of the 2021 R.S. regarding the suspension of certain criminal penalties\nand restrictions related to religious assemblies through the 60th day after final adjournment\nof the 2022 R.S.\n\n(3) Regulating and closing of places of amusement and assembly;\n\n(4) Prohibiting the sale and distribution of alcoholic beverages;\n\n(5) Prohibiting and controlling the presence of persons on public streets and places;\n\n(6) Repealed by Acts 2020, No. 325, \u00a73.\n\n(7) Regulating and controlling the possession, storage, display, sale, transport and\nuse of explosives and flammable materials and liquids, including but not limited to the\nclosing of all wholesale and retail establishments which sell or distribute gasoline and other\nflammable products;\n\n(8) Regulating and controlling the possession, storage, display, sale, transport and\nuse of sound apparatus, including but not limited to public address systems, bull horns and\nmegaphones.\n\n(9) Prohibiting the sale or offer for sale of goods or services within the designated\nemergency area for value exceeding the prices ordinarily charged for comparable goods and\nservices in the same market area at, or immediately before, the time of the state of\nemergency, unless the price of the seller is attributable to fluctuation in the applicable\ncommodity markets, applicable regional or national market trends, or to reasonable expenses\nand a charge for any attendant business risk in addition to the cost of the goods and services\nwhich necessarily are incurred in procuring or selling the goods and services during the state\nof emergency.\n\nB. Such orders shall be effective from the time and in the manner prescribed in such\norders and shall be published as soon as practicable in a newspaper of general circulation in\nthe area affected by such order and transmitted to the radio and television media for\npublication and broadcast. Such orders shall cease to be in effect five days after their\npromulgation or upon declaration by the governor that the state of emergency no longer\nexists, whichever occurs sooner; however, the chief law enforcement officer, with the\nconsent of the governor, may extend the effect of such orders for successive periods of not\nmore than five days each by republication of such orders in the manner hereinabove\nprovided.\n\nC. All orders promulgated pursuant to this Section shall be executed in triplicate and\nshall be filed with the clerk of court of the parish affected and with the secretary of state of\nthis state.\n\nD. During any period during which a state of emergency exists the proclaiming\nofficer may appoint additional peace officers or firemen for temporary service, who need not\nbe in the classified lists of such departments. Such additional persons shall be employed\nonly for the time during which the emergency exists.\n\nE. During the period of the existence of the state of emergency the chief law\nenforcement officer of the political subdivision may call upon the sheriff, mayor, or other\nchief executive officer of any other parish or municipality to furnish such law enforcement\nor fire protection personnel, or both, together with appropriate equipment and apparatus, as\nmay be necessary to preserve the public peace and protect persons and property in the\nrequesting area. Such aid shall be furnished to the chief law enforcement officer requesting\nit insofar as possible without withdrawing from the political subdivision furnishing such aid\nthe minimum police and fire protection appearing necessary under the circumstances. In\nsuch cases when a state of emergency has been declared by the governor pursuant to R.S.\n29:724 et seq., all first responders who are members of a state or local office of homeland\nsecurity and emergency preparedness, including but not limited to medical personnel,\nemergency medical technicians, persons called to active duty service in the uniformed\nservices of the United States, Louisiana National Guard, Louisiana Guard, Civil Air Patrol,\nlaw enforcement and fire protection personnel acting outside the territory of their regular\nemployment shall be considered as performing services within the territory of their regular\nemployment for purposes of compensation, pension, and other rights or benefits to which\nthey may be entitled as incidents of their regular employment. Law enforcement officers\nacting pursuant to this Section outside the territory of their regular employment have the\nsame authority to enforce the law as when acting within the territory of their own\nemployment.\n\nF. Notwithstanding the provisions of this Section, except in an imminent life\nthreatening situation nothing herein shall restrict any uniformed employee of a licensed\nprivate security company, acting within the scope of employment, from entering and\nremaining in an area where an emergency has been declared. The provisions of this\nSubsection shall apply if the licensed private security company submits a list of employees\nand their assignment to be allowed into the area, to the Louisiana State Board of Private\nSecurity Examiners, which shall forward the list to the chief law enforcement office of the\nparish and, if different, the agency in charge of the scene.\n\nG. As used in this Section:\n\n(1) \"Disaster\" shall have the same meaning as provided in R.S. 29:723.\n\n(2) \"Emergency\" shall have the same meaning as provided in R.S. 29:723.\n\nH.(1) The right of each citizen to keep and bear arms is fundamental and shall not\nbe infringed. Nothing in this Section shall authorize the seizure or confiscation of any\nfirearm or ammunition from any individual who is lawfully carrying or possessing the\nfirearm or ammunition except as provided in Paragraph (2) of this Subsection.\n\n(2) A peace officer who is acting in the lawful discharge of the officer's official\nduties may disarm an individual if the officer reasonably believes it is immediately necessary\nfor the protection of the officer or another individual. The peace officer shall return the\nfirearm to the individual before discharging that individual unless the officer arrests that\nindividual for engaging in criminal activity, or seizes the firearm as evidence pursuant to an\ninvestigation for the commission of a crime.\n\n(3) Firearms and ammunition manufacturers, distributors, wholesalers, suppliers, and\nretailers and shooting ranges are essential businesses and operations for purposes of safety\nand security and shall not be prohibited or restricted from operating or conducting business\nduring a declared emergency or disaster.\n\nActs 1969, No. 176, \u00a77; Acts 1990, No. 152, \u00a71, eff. July 1, 1990; Acts 1999, No.\n267, \u00a71; Acts 2003, No. 40, \u00a71, eff. May 23, 2003; Acts 2004, No. 316, \u00a71, eff. June 18,\n2004; Acts 2006, No. 275, \u00a71, eff. June 8, 2006; Acts 2008, No. 668, \u00a71; Acts 2009, No.\n494, \u00a71; Acts 2020, No. 325, \u00a7\u00a71, 3; H.C.R. No.5, 2021 R.S."
}