EXECUTIVE ORDER
BJ 08-90

Emergency Occupation of Hotels and Motels by Utility Restoration Personnel


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, under the provisions of Louisiana Homeland Security and Emergency Assistance and Disaster Act, and R.S. 29:724(A) in particular, the governor is responsible for meeting the dangers to the state and people presented by emergencies or disasters and may issue executive orders, proclamations, and regulations which shall have the effect of law;

WHEREAS, the welfare of the citizens of the state of Louisiana is jeopardized by any disaster, natural or manmade, that interrupts the delivery of electric, gas, telecommunications, water and/or wastewater (collectively referred to herein as “utilities”) services;

WHEREAS, R.S. 45:859 provides that the swift restoration of electric and gas utility service following natural disasters can minimize the effects of such disasters and therefore the restoration and rebuilding of the utilities is a valid public purpose and in the best interests of the citizens and businesses of this state; and

WHEREAS, during the restoration and recovery of utility infrastructure, it is necessary that hotel and motel rooms and other commercial lodging facilities (“lodging facilities”) be made available for employees and/or contract employees of utilities (“utility restoration personnel”) many of whom travel to the affected areas from out of state or out of the area;

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 : During this declaration of emergency for Hurricane Gustav, Proclamation No. 51 BJ 2008, all lodging facilities shall make every effort to allow utility restoration personnel to occupy and/or continue to occupy such rooms or facilities under the normal terms, conditions and rates of the lodging facility.

SECTION 2: During this declaration of emergency for Hurricane Gustav, Proclamation No. 51 BJ 2008, no utility restoration personnel shall be replaced by non-utility restoration personnel as long as such person currently occupying the lodging facility is able to pay the nightly rates, including applicable taxes, or is able to guarantee payment during such time as said personnel are performing restoration and recovery of utility infrastructure activities.

SECTION 3: The attorney general, state police, and local governmental authorities are authorized and mandated to assist in ensuring compliance with this Order while it is in effect.

SECTION 4: 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 4th day of September, 2008.

Bobby Jindal
Governor

ATTEST BY
THE GOVERNOR
Jay Dardenne
Secretary of State