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When is JBE going issue a proclamation informing the public of the termination?

Posted on 10/26/20 at 11:11 am
Posted by loogaroo
Welsh
Member since Dec 2005
30330 posts
Posted on 10/26/20 at 11:11 am
quote:

BATON ROUGE, LA - Attorney General Jeff Landry issued the following statement on the House of Representatives’ petition to terminate the public health emergency:

“The emergency powers act and the emergency health powers act are written to outline what extraordinary powers are granted to the Governor during a declared emergency. A termination clause is included outlining a simple process for pressing the stop button. Immediately upon termination, the emergency powers cease and the Governor's powers revert to the ordinary powers afforded the Governor as outlined by our Constitution and laws. The termination process is effective immediately, unless provided otherwise in the petition, when a petition is signed by a majority of the surviving members within either body of the Legislature, the Senate or the House. The termination of emergency powers does not require any additional action other than the signed petition. Upon completion of the signed petition, the Governor is directed to issue a proclamation informing the public of the termination.”


https://ladoj.ag.state.la.us/Article/10799
Posted by tzimme4
Metairie
Member since Jan 2008
28356 posts
Posted on 10/26/20 at 11:13 am to
He's got until November 6th when the extension has ended
This post was edited on 10/26/20 at 11:14 am
Posted by TigerDat
Member since Aug 2010
7628 posts
Posted on 10/26/20 at 11:19 am to
Lmao, don't hold your breath
Posted by bayourougebengal
Member since Mar 2008
7193 posts
Posted on 10/26/20 at 11:22 am to
quote:

He's got until November 6th when the extension has ended

If that's true, then our repubs did nothing other than posture to get our votes, knowing they weren't actually getting anything done. Basically waited until it wouldn't matter.
Posted by elprez00
Hammond, LA
Member since Sep 2011
29360 posts
Posted on 10/26/20 at 11:25 am to
quote:


If that's true, then our repubs did nothing other than posture to get our votes, knowing they weren't actually getting anything done. Basically waited until it wouldn't matter.


He can’t just ignore it and it go away. And to reinstate it, he has to have concurrence of the state legislature according to the post I saw on Blake Miguez page.
Posted by SelaTiger
Member since Aug 2016
17912 posts
Posted on 10/26/20 at 11:26 am to
WWL had some guy on saying this was all for show and probably won’t hold up in court. I have no idea if this guy is full of shite or not. Wasn’t a caller but a guest of the show.
Posted by ldts
Member since Aug 2015
2677 posts
Posted on 10/26/20 at 11:47 am to
Personally, I think he'll make them take him to court to enforce it.

quote:

probably won’t hold up in court


If it doesn't hold up in court, the thought of a governor being able to wield such executive power for such an extended time without the legislature being able to provide some check to that power is absolutely terrifying.

Posted by DMAN1968
Member since Apr 2019
10144 posts
Posted on 10/26/20 at 12:22 pm to
quote:

He's got until November 6th when the extension has ended

Yeah...he did that last extension knowing this was going to happen.

JBE=POS
Posted by loogaroo
Welsh
Member since Dec 2005
30330 posts
Posted on 10/26/20 at 12:37 pm to
quote:

Yeah...he did that last extension knowing this was going to happen.



So the signed petition isn't immediate?

Could you run us through what is going on?
Posted by LSUengr
Baton Rouge
Member since Sep 2005
2327 posts
Posted on 10/26/20 at 12:39 pm to
quote:

He's got until November 6th when the extension has ended


No he doesn't. By law, once the petition is signed, he must terminate the emergency order. This is the actual law:

Universal Citation: LA Rev Stat § 29:724
§724. Powers of the governor

A. The governor is responsible for meeting the dangers to the state and people presented by emergencies or disasters, and in order to effectuate the provisions of this Chapter, the governor may issue executive orders, proclamations, and regulations and amend or rescind them. Executive orders, proclamations, and regulations so issued shall have the force and effect of law.

B.(1) A disaster or emergency, or both, shall be declared by executive order or proclamation of the governor if he finds that a disaster or emergency has occurred or the threat thereof is imminent. The state of disaster or emergency shall continue until the governor finds that the threat of danger has passed or the disaster or emergency has been dealt with to the extent that the emergency conditions no longer exist and terminates the state of disaster or emergency by executive order or proclamation, but no state of disaster or emergency may continue for longer than thirty days unless renewed by the governor.

(2) The legislature, by petition signed by a majority of the surviving members of either house, may terminate a state of disaster or emergency at any time. This petition terminating the state of emergency or disaster may establish a period during which no other declaration of emergency or disaster may be issued. Thereupon, the governor shall issue an executive order or proclamation ending the state of disaster or emergency.
Posted by Nicky Parrish
Member since Apr 2016
7098 posts
Posted on 10/26/20 at 12:59 pm to
quote:

If that's true, then our repubs did nothing other than posture to get our votes

As Tom Jones would say “What’s New Pussycat”.
Posted by Thunder
Western by God Vernon Parish
Member since Mar 2006
2421 posts
Posted on 10/26/20 at 1:26 pm to
quote:

He's got until November 6th when the extension has ended

Nope...... the clock starts for JBE when he issues the order.... meaning the legislature wrote that in a smart way. 7 days from the time he rescinds the order. So the longer JBE waits the longer it is until he can issue another lockdown
Posted by White Bear
Yonnygo
Member since Jul 2014
13771 posts
Posted on 10/26/20 at 1:45 pm to
quote:

Thereupon, the governor shall issue an executive order or proclamation ending the state of disaster or emergency.
Seabaugh said this morning on KEEL that JBE cannot make a new declaration until 7 days after he makes the proclamation to end the current declaraion.

Seabaugh on KEEL 10/26/2020 RE: End of JBE's Emergency Declaration 2:30 ->
Posted by Double Oh
Louisiana
Member since Sep 2008
17720 posts
Posted on 10/26/20 at 1:46 pm to
Damage has been done even if a court decides in favor of the Governor that his emergency order is legal and Edwards signs another emergency order nobody is following his orders anymore. People sick and tired of his bullshite
Posted by Bandit1980
God's Country
Member since Nov 2019
3743 posts
Posted on 10/26/20 at 1:49 pm to
Another fine example of voters not knowing who they are putting in office: JBE=jackass, Biden=jackass, Odumma=the biggest jackass ever!
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