BATON ROUGE – Today,Governor Bobby Jindal issued an executive order creating guidelines for the use of state-owned vehicles in preparation for Hurricane Gustav.
Executive Order Use of State Vehicles to Transport Non-State Employees During an Emergency:
WHEREAS, pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., a state of emergency/disaster was declared through Proclamation No 51 BJ 2008;
WHEREAS, Hurricane Gustav and its aftermath has the potential to cause unprecedented and extensive damage in the state of Louisiana and these tragic events has significant consequences on the financial conditions of the state;
WHEREAS, the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., confers upon the governor of the state of Louisiana emergency powers to deal with emergencies and disasters, including those caused by fire, flood, earthquake or other natural or man-made causes, to ensure that preparations of this state will be adequate to deal with such emergencies or disasters, and to preserve the lives and property of the citizens of the state of
Louisiana;
WHEREAS, R.S. 29:724 (D)(1), allows the governor of the state of Louisiana to suspend the provisions of any order, rule or regulation of any state agency if strict compliance with the provisions of the order, rule or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency; and
WHEREAS, R.S. 29:735 (A)(1), provides immunity to the state and its agencies for the death of or injury to persons or damage to property as a result of engaging in homeland security or emergency preparedness activities;
NOW THEREFORE, I, BOBBY JINDAL, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and the laws of the state of Louisiana, do hereby order and direct as follows:
SECTION 1: For the purpose of (1) evacuations; (2) shelter operations; and (3) obtaining medication, personal supplies, medical care and other critical services, strict compliance with Louisiana Administrative Code Title 34, Part XI, Section 103, and any other rule, regulation, policy or practice of any agency which limits travel in state-owned vehicles to state employees unless specific permission is given and procedures are followed, shall not be required during the existence of this declared state of emergency for Hurricane Gustav, Proclamation No. 51 BJ 2008.
SECTION 2: Non-state employees may travel as passengers in state-owned vehicles only during the existence of this declared state of emergency for the specific purposes outlined above. All other travel by non-state employees in state-owned vehicles shall be in compliance with Louisiana Administrative Code Title 34, Part XI, Section 103, and any other rule, regulation, policy or practice of any agency.
SECTION 3: This Order is effective upon signature and shall remain in effect until amended, modified, terminated or rescinded by the governor, or terminated by operation of law.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 30th day of August, 2008.
/S/ Bobby Jindal
GOVERNOR OF LOUISIANA
ATTEST BY
THE GOVERNOR
/S/ Jay Dardenne
SECRETARY OF STATE
____________________________________________________________________________
Governor Bobby Jindal Issues Executive Orderon Temporary Housing of Displaced Youth
BATON ROUGE – Today,Governor Bobby Jindal issued an executive order establishing guidelines for the evacuation of youth, under the control of Youth Services, within the Department of Public Safety and Corrections, in preparation for Hurricane Gustav.
Executive Order of Temporary Housing of Displaced Youth:
WHEREAS, pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., a state of emergency was declared through Proclamation No.51 BJ 2008;
WHEREAS, it appears that Hurricane Gustav will make landfall along the Gulf Coast between Texas and Florida, most likely Louisiana according to weather information available at this time. In which event, severe flooding and damage to the southern part of the state, will threaten the safety, health, and security of the citizens of the state of Louisiana, along with private property and public facilities;
WHEREAS, emergency situations that may be caused by Hurricane Gustav, and the subsequent flooding and damage that is likely to ensue, will cause youth to be evacuated from juvenile detention centers from areas affected by Hurricane Gustav and placed in facilities operated by DPS&C Youth Services, in detention facilities unaffected by the hurricane, or in other residential facilities operated by Youth Services contractors;
WHEREAS, R.S. 15:901 authorizes DPS&C Youth Services to house youth committed to the custody of the agency;
WHEREAS, if the anticipated temporary evacuation of youth to other facilities occurs, DPS&C Youth Services, and other facilities not operated by the Department of Public Safety and Corrections, will be temporarily housing juveniles who are pre-trial, adjudicated, and/or pre-disposition detainees;
WHEREAS, in order to safely and effectively house these youth, provide for their medical treatment, contact their families, make informed decisions about their care and placement and provide for the public safety, Youth Services will require that the detention centers provide information about the youth’s criminal history, current charges, protection concerns, family contact information, and medical history, as well as at least a fifteen (15) day supply of any medications the youth
is currently taking, if needed;
WHEREAS, pursuant to Executive Order No. BJ 2008-77, issued on August 29, 2008, cabinet members, statewide elected officials, and state agency heads are/will be authorized and empowered to use their best judgment in purchasing goods and services necessary to satisfy the situation caused by this emergency;
WHEREAS, the facilities that may temporarily house youth evacuated from other areas will experience additional costs and expenses due to the evacuation of the affected youth because of the increased population and the special needs of those youth, as well as the extraordinary medical care that may be required for some of the temporarily evacuated youth;
WHEREAS, R.S. 46:1906 (B)(2) authorizes the payment of a daily rate to any non-state owned facility for feeding and maintaining each child who is adjudicated delinquent and committed to the department by a court to be held in a secure environment, and who is held in such a secure facility for any reason, an amount equal to ninety percent of the current weighted average of the amount paid state detention facilities, determined to be $96.43 for the year 2001, to be adjusted yearly on July first, pursuant to the consumer price index ($106.24 effective 7/1/2008);
WHEREAS, for housing the affected youth; DPS&C Youth Services will make payments to detention centers in accordance with R.S. 46:1906, and make payments to residential programs at the current Youth Services contract rate with that program as authorized by R.S. 15:1081, et seq.;
WHEREAS, when Youth Services house the evacuated youth or is authorized to pay for the housing of evacuated youth, Youth Services will bill, and local governments will pay, the daily rate that the governmental entity currently pays the pertinent detention center for housing youth from that parish or governmental subdivision effective the fourth (4th) day that the youth is housed at any location except for youth committed to the custody of Youth Services;
NOW THEREFORE, I, BOBBY JINDAL, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and the laws of the state of Louisiana, do hereby order and direct as follows:
SECTION 1: Whether those youth have been committed to DPS&C Youth Services or not, R.S. 15:901 is hereby suspended to the extent that DPS&C Youth Services is granted the authority to bring into its temporary, constructive custody, youth evacuated from detention facilities in the parishes affected by Hurricane Gustav;
SECTION 2: Any detention center evacuating youth to Youth Services will send the youth’s records including information about the youth’s criminal history, current charges, protection concerns, family contact information, and medical history, as well as at least a fifteen (15) day supply of any medications the youth is currently taking, if needed;
SECTION 3: Any extraordinary medical expenses incurred for the care of youth temporarily transferred from one of the affected parishes will be reimbursed in accordance with R.S. 15:824(B)(1)(c);
SECTION 4: DPS&C Youth Services is authorized to pay detention facilities the daily rate of $106.24 for the housing of evacuated youth;
SECTION 5: DPS&C Youth Services is authorized to pay residential programs the current Youth Services contract rate with that program for the housing of evacuated youth;
SECTION 6: When Youth Services house the evacuated youth or is authorized to pay for the housing of evacuated youth, Youth Services will bill, and local governments will pay the daily rate that the governmental entity currently pays the pertinent detention center for housing youth from that parish or governmental subdivision effective the fourth (4th) day the youth is housed at any location, except for youth committed to the custody of Youth Services;
SECTION 7: All departments, commissions, boards, offices, entities, agencies, and officers of the state of Louisiana, or any political subdivision thereof, are authorized and directed to cooperate with the implementations of the provisions of this Order; and
SECTION 8: This Order is effective upon signature and shall apply unless amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 30th day of August, 2008.
/S/ Bobby Jindal
GOVERNOR OF LOUISIANA
ATTEST BY
THE GOVERNOR
/S/ Jay Dardenne
SECRETARY OF STATE
_____________________________________________________________
Governor Bobby Jindal Issues Executive Order Declaring Public Health Emergency
BATON ROUGE – Today,Governor Bobby Jindal issued an executive order declaring a statewide public health emergencyin preparation for Hurricane Gustav.
Executive Order Declaring Public Health Emergency:
WHEREAS, the Louisiana Health Emergency Powers Act, R.S. 29:760, et seq., confers upon the Governor of the state of Louisiana emergency powers to deal with public health emergencies, including those caused by a disaster, such as hurricane, tornado, storm, flood, high winds, and other weather related events, that poses a high probability of a large number of deaths in the affected population or a large number of serious or long-term disabilities in the affected population in order to ensure that preparations of this state will be adequate to deal with such emergencies or disasters and to preserve the health and lives of the people of the state of Louisiana;
WHEREAS, when the Governor after consultation with the public health authority determines that a public health emergency has occurred, or the threat thereof is imminent, R.S. 29:766(A) empowers him to declare a state of emergency by executive order or proclamation;
WHEREAS, Hurricane Gustav is expected to impact the coastal parishes of Louisiana with hurricane strength winds, wave surges, high tides, torrential rain and tornado activity. The storm is expected to make landfall on the Louisiana coast on or about September 1, 2008, with the expectation that hurricane force winds will reach the Louisiana coast prior to landfall;
WHEREAS, the forecast from the National Weather Service indicates that the coastal parishes of Louisiana will be subjected to hurricane conditions to such a degree that life, health and safety will be placed in jeopardy;
WHEREAS, the coastal parishes of Louisiana are expected to issue parish declarations of emergency and widespread evacuations and temporary relocations of the coastal population will occur, resulting in a potential disruption of health care by those relocating to an area outside their homes;
WHEREAS, a declaration of public health emergency is necessary to allow state agencies to thoroughly prepare for any eventuality related to public health needs and to allow federal agencies and federal resources to be deployed if necessary; and
WHEREAS, the secretary of the Department of Health and Hospitals and the state health officer have requested that a public health emergency be declared;
NOW THEREFORE, I, BOBBY JINDAL, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and the laws of the state of Louisiana, do hereby order and direct as follows:
SECTION 1: Pursuant to the Louisiana Health Emergency Powers Act, R.S. 29:760, et seq., a state of public health emergency is declared to exist in the state of Louisiana as a result of forecasted hurricane activity which has created emergency conditions that threaten the lives and health of the citizens of the state.
SECTION 2: The state of public health emergency extends from August 30, 2008, through September 29, 2008, unless terminated sooner.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 30th day of August, 2008.
/S/ Bobby Jindal
GOVERNOR OF LOUISIANA
ATTEST BY
THE GOVERNOR
/S/ Jay Dardenne
SECRETARY OF STATE
_________________________________________________________
Governor Bobby Jindal Issues Executive Orderof Closure of Schools
BATON ROUGE – Today,Governor Bobby Jindal issued an executive order suspending classes from Tuesday, September 2nd to Wednesday, September 3rd in thirty school districts.
Executive Order Emergency Closure of Schools:
WHEREAS, the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., confers upon the governor of the state of Louisiana emergency powers to deal with emergencies and disasters, including those caused by fire, flood, earthquake or other natural or man-made causes, to ensure that preparations of this state will be adequate to deal with such emergencies or disasters, and to preserve the lives and property of the citizens of the state ofLouisiana;
WHEREAS, R.S. 29:724(A) confers upon the governor the power to issue executive orders which shall have the force and effect of law;
WHEREAS, pursuant to Proclamation No.51 BJ 08, a state of emergency was declared and is currently in effect;
WHEREAS, R.S. 29:724 (D)(2) confers upon the governor the power to utilize all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the disaster or emergency;
WHEREAS, R.S. 29:724 (D)(3) confers upon the governor the power to transfer the direction, personnel, or functions of state departments and agencies or units thereof for the purpose of performing or facilitating emergency services; and
WHEREAS, R.S. 29:724(D)(7) confers upon the governor the power to make provision for the availability and use of temporary emergency housing;
NOW THEREFORE, I, BOBBY JINDAL, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and the laws of the state of Louisiana, do hereby order and direct as follows:
SECTION 1: The following thirty (30) school districts will suspend classes for Tuesday, September 2, 2008, and Wednesday, September 3, 2008: Avoyelles, Bienville, Bossier, Caddo, Caldwell, Catahoula, Claiborne, Concordia, DeSoto, East Baton Rouge, East Carroll, Franklin, Grant, Jackson, LaSalle, Lincoln, Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red River, Richland, Sabine, Tensas, Union, Vernon, Webster, West Carroll, and Winn.
SECTION 2: As determined by the Office of Homeland Security and Emergency Preparedness, Hurricane Gustav could possibly move into Central and North Louisiana bringing substantial rain and possible flooding.
SECTION 3: The governor is authorized to close schools for emergency purposes to protect public health and safety of the citizens of Louisiana.
SECTION 4: Each Superintendent of Education for each school district in the above-referenced parishes shall order the closure of each educational facility under its direction.
SECTION 5: The Office of Homeland Security and Emergency Preparedness shall make efforts to work with the superintendents and local boards of education to minimize any disruption which may result from this Executive Order.
SECTION 6: This Order is effective upon signature and shall remain in effect until amended, modified, terminated or rescinded by the governor, or terminated by operation of law.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 30th day of August, 2008.
/S/ Bobby Jindal
GOVERNOR OF LOUISIANA
ATTEST BY
THE GOVERNOR
/S/ Jay Dardenne
SECRETARY OF STATE