Use of State Vehicles to Transport Non-State
Employees during 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.
Secretary of State