Suspension of Certain Residency Requirements for Certain Boards
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 Louisiana;
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. 48 KBB 2005, as amended by Proclamation Nos. 54 KBB 2005, 60 KBB 2005 and 68 KBB 2005;
WHEREAS, Hurricane Katrina struck the state of Louisiana on August 29, 2005, causing severe and extreme flooding and damage to the southeastern part of the state;
WHEREAS, Hurricane Katrina and its aftermath have resulted in several parishes of southeast Louisiana being subject to mandatory or voluntary evacuations and thousands of residents thereafter securing temporary residency outside of their original parish;
WHEREAS, R.S. 29:724(D)(1) authorizes the governor to suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency;
WHEREAS, R.S. 38:304(A) provides parish residency requirements and the mass displacement of residents of the most affected parishes has impacted the applicant pool and continued service of commissioners of levee districts and levee and drainage districts.
NOW THEREFORE I, KATHLEEN BABINEAUX BLANCO, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:
SECTION 1: R.S. 38:304(A) regarding residency requirements for appointment to and service on levee districts or levee and drainage districts is hereby suspended. All other subsections of R.S. 38:304 shall remain in full force and effect.
SECTION 2: This Order is effective upon signature and shall continue in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.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 14th day of December, 2005.
Kathleen Babineaux Blanco
Secretary of State