State Of Emergency Hurricane Laura Combined - John Bel Edwards

Transcription

EXECUTIVE DEPARTMENTPROCLAMATION NUMBER 141 JBE2020RENEWAL OF STATE OF EMERGENCYANDEXTENSION OF EWERGENCY PROVISIONSFOR HURRICANE LAURAWHEREAS,the Louisiana Homeland Security and Emergency Assistance and Disaster Act,La. R.S. 29:721, el seq. , confers upon the Governor of the State of Louisianaemergency powers to deal with emergencies and disasters, incluiEng those causedby fire, flood, earthquake or o:her natural or manmade causes, ir. order to ensurethat preparations of this State will be adequate to deal with such emergencies ordisasters and to preserve the lives and property of the peop e of the State ofLouisiana;WHEREAS,pursuant to the Louisiana Homeland Security and Emergenc Assistance andDisaster Act, La. R.S. 29:721 , el seq. , Governor John Bel Edwards declared astate of emergency in response to the imminent tlu'eat pc sed by Hurricane Lauraon August 21 , 2020, in Proclamation Number 108 JBE 2020;WHEREAS,Hurricane Laura made landfall on the Louisiana coast during be early morninghours on Thursday, August 27, 2020, bringing devastating w:nds, widespreadpower-outages, and severe damage to Louisiana;WHEREAS,the State of Louisiana suffered severe flooding and daoage to the state whichthreatens the safety, health, and security ofthe citizens o: the State of Louisiana,along with private property an:! public facilities;WHEREAS,the flooding resulting from ttis event has displaced thousands of workers andemployers from their homes and places of business;WHEREAS,in addition to the displaced individuals, the flooding has caused numerouscommunication challenges due to the interruption of mail service, phone serviceand electricity;WHEREAS,the evacuations, displacements, communication issues, the inability of employersto access personnel files, and the extraordinary volume of resultingunemployment claims pose serious challenges to the effective and timelyadministration of the unemployment compensation system;WHEREAS,upon the request of Governor John Bel Edward s, President D:mald J. Trumpsigned a major disaster declaration request making Disaster UnemploymentAssistance (DUA) available to individuals and businesses whose employment orself-employment was lost or interrupted as a direct result of Hurricane Laura, ifthey did not qualify for State unemployment compensati.:m, in ? roclamation No.FEMA-4559-DR on August 2 , 2020;WHEREAS,the State of Louisiana desires to promote and protect the health , safety, and wellbeing of all Louisiana residents, and specifically those residents in nursingfacilities;

WHEREAS,La. R.S. 40:2116(D)(2) prohibits the Department of Health from approvmgadditional beds in nursing facilities;WHEREAS,the State of Louisiana desires that residents and evacuees in nursing facilities beable to temporarily evacuate to safe sheltering locations during an emergency;WHEREAS,the State of Louisiana, recognizing the potential significance of Hurricane Laura,desires to minimize the impact of the tropical stormlhurricane on the residents ofnursing facilities;WHEREAS,the damage resulting from Hurricane Laura has displaced tens of thousands ofLouisianans living in communities in the storm's path with damage so severe thatit may be months before homes are habitable and people can return home;WHEREAS,the State of Louisiana, recognizing the significant impact of Hurricane Laura,desires to minimize this impact on Louisiana students and :heir higher educationopportunities;WHEREAS,due to the closures of governmental offices and the issues with restoration ofpower in Cameron, Calcasieu, and Beauregard parishes, it is necessary to suspendlegal deadlines relating to judicial and sheriffs' sales in all three of those parishes;WHEREAS,Louisiana Revised Statute 29:724 confers upon the Governor emergency powersto deal with emergencies and disasters and to ensure that preparations of this statewill be adequate to deal with such emergencies or disasters, and to preserve thelives and property of the citizens ofthe State of Louisiana, including the authorityto suspend the provisions of any regulatory statute prescribing the procedures forconduct 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 regulationwould in any way prevent, hinder, or delay necessary action in coping with theemergency; andWHEREAS,damage from this storm continues to pose a threat to citizens and communitiesacross the Gulf Coast and create conditions which place lives and property in thestate in jeopardy.NOW THEREFORE, I, JOHN BEL EDWARDS, Governor of the State of Louisiana, by virtueofthe authority vested by the Constitution and the laws ofthe State of Louisiana, do hereby orderand direct as follows:SECTION I:GENERAL PROVISIONSA)Pursuant to the Louisiana Homeland Security .and EmergencyAssistance and Disaster Act, La. R.S. 29:721, et seq., a state ofemergency is hereby declared to continue to exist statewide in the Stateof Louisiana as a result of the continued threat of emergency conditionsthat threaten the lives and property of the citizens of the State.B)The Director of the Governor's Office of Homeland Security andEmergency Preparedness (GOHSEP) is hereby authorized to continueto undertake any activity authorized by law which he deems appropriatein response to this declaration.C)Pursuant to La. R.S. 29:732, prices charged or value received for goodsand services sold within the designated emergency area may not exceedthe prices ordinarily charged for comparable goods and services in thesame market area at or immediately before the time of the state ofemergency, unless the price by the seller is attributable to fluctuationsin applicable conunodity markets, fluctuations in applicable regional ornational market trends, or to reasonable expenses and charges andattendant business risk incurred in procuring or selling the goods or

services during the state of emergency.SECTION 2:SECTION 3:LICENSED BED CAPACITY FOR NURSING HOMESA)The suspension of the provisions of La. R.S. 40:2116(0)(2) is herebycontinued for the purpose of allowing the Secretary of the Departmentof Health, at her discretion, to establish such protocols, policies, andprocedures as to allow a licensed nursing facility which accepts orreceives evacuated residents to temporarily exceed its licensed bedcapacity in the event of a declared emergency.B)The Secretary of the Department of Health may establish suchprotocols, policies, and procedures without strict compliance with therequirements and provisions of the Administrative Procedure Act.REGULATORY SUSPENSIONS,COMMISSIONERDEADLINES, ANDINSURANCEA)Pursuantto La. R.S. 29:724(0)(1), suspensions ofthe Louisiana ProcurementCode (La. R.S. 39:1551, e/ seq.) and Louisiana Public Bid Law (La.R.S. 38:2211, et seq.) and their corresponding rules and regulations arehereby continued for the purpose of the procurement of any good orservices necessary to respond to this emergency, including emergencycontracts, cooperative endeavor agreements, and any other emergencyamendments to existing contracts.B)Pursuant to La. R.S. 29:724(0)(1), the suspensions of th provisions of La.R.S. 39: 126 regarding prior approval of change orders are hereby continued.C)Suspensions of the deadlines for judicial and sheriffs' sales contained inLa. R. S. 13:4341 et seq. are hereby continued in Cameron, Calcasieu,and Beauregard parishes.D)The Commissioner of Insurance shall continue te have limited transferof authority from the Governor to suspend provisions of any statute ofthe Louisiana Insurance Code, Title 22 of the Louisiana RevisedStatutes of 1950, conceming the cancellation, termination, nonrenewal,and reinstatement provisions of Title 22, including, but not limited to,R.S. 22:272, 22:887, 22:977, 22:978, 22:1068, 22:1074, 22:1266,22:1267,22:1311, and 22:1335, where such statutory requirements mayprevent, hinder, or delay necessary action in light of the currentemergency relative to Hurricane Laura and its aftermath, includingproviding additional time for policyholders to complete existing claimsand to remit premium payments to avoid cancellation of policies,prohibiting cancellations where policyholders are incapable of fulfillingrequirements due to evacuation or inhabitability, providing forcontinuation of coverage and suspending rate increases, providing forthe payment of claims incurred during any prohibition on cancellationsimposed under this authority, and providing for provider access andprescription drug benefit requirements necessary to protect public healthand welfare. This Order shall not relieve an insured who has a claimcaused by Hurricane Laura and its aftermath from compliance with theinsured's obligation to provide information and cooperate in the claimadjustment process relative to such claim, or to pay insurance premiumsupon termination of the provisions of this Order.E)Penalties and interest due on state and local sales and use tax collectedby the Office of Motor Vehicles for vehicles domiciled in BeauregardParish and Calcasieu Parish, which began on or after August 21, 2020are suspended and waived until October 31, 2020.F)Penalties and interest due on state sales and use tax collected by the

Office of Motor Vehicles for vehicles domiciled in Cameron Parishwhich began on or after August 21,2020 are suspended and waived untilOctober 31, 2020.G)SECTION 4:The expiration of temporary registration plates issued by new and usedcar dealers, financial institutions, and auto title corr:panies, issued toresidents and businesses located in Beauregard, Calcasieu, and CameronParishes, which expired on or after August 21, 2020, Ere suspended andextended until October 31, 2020.EDUCATIONA)All Public Post-secondary institutions and proprietary schools withinthe State of Louisiana that are licensed by the Louisiana Board ofRegents shall continue to be allowed to substitute in-person clinical andclassroom instruction with online and lab simulaLons for enrolledstudents for the duration of the declared emergency.B)Relative to the initial eligibility requirements for a Taylor OpportunityProgram for Students Award, for students residing in:;larishes that havebeen designated a major disaster affected parish by FEMA due to theimpact of Hlmicane Laura (Proclamation Nmnber 1()8 JBE 2020), thefollowing requirements shall continue to be suspended:C)D)1)The requirement that students must live in Louisiana andcomplete their last four (4) semesters at a Louisiana highschool or that their parents must reside in LoLisiana for the 24months preceding high school graduation, as set forth in La.R.S.17:5023.2)The requirement that a student score a minirr:um of 23 on theACT to receive the Opportunity Award if they graduate froman out of state high school, as set forth in La. R.S. 5029 (B)(3).3)The home study requirements set fOlill in La. R.S.17:5029(B)(l )(b)(i).Relative to the continuing eligibility requirements for a TaylorOpportunity Program for Students Award, for stu:::ents residing inparishes, or are attending an institution of higier education locatedwithin a parish, that have been designated a maj or disaster affectedparish by FE:vIA due to the impact of Hurricane Lau a (ProclamationNumber 108 JBE 2020), the following requirements shall continue tobe suspended:1)The steady academic progress requirements imposed by La.R.S. 17:5041 and 17:5042.2)The minimum grade point average requirements imposed byLa. R.S. 17:5041 and 17:5042.3)The deadlines imposed by La. R.S. 17:5:41 or La. R.S.17:5042 requiring that a student whose award is suspended forfailure to meet the grade point average requirements mustbring their grade point average up to that required in theapplicable statute within a specific time period.4)The requirement that one semester of TOPS eligibility bereduced for each semester attended full time at an out of stateinstitution, as set fOlih in La. R.S. 17:5043.Relative to the initial eligibility requirements for a Taylor Opportunity

Program for Students Award for high school graduates of 2020 whoreside in parishes that have been designated a major disaster affectedparish by FEMA due to the impacts of Hurricane Laura (ProclamationNumber 108 JBE 2020), and for high school graduates of2020 whoseACT or SAT testing site was closed to mitigate the spread of COVID19, the deadline for achievement of a qualifying score on the ACT orSAT set forth in 17:5103(B)(l)(a) shall continue to be waived.Students are encouraged to talee the ACT no la:er than December 31,2020.SECTION 5:UNEMPLOYMENT INSURANCEA)For the purpose of tllis Proclamation, "disaster-related claims" shallmean claims for unemployment compensation filed by persons whoseunemployment is directly due to the effects of flooding or due to theirinability to get to their job or worksite because tlley cannot traveltlu·ough a disaster parish, as determined by the administrator of thestate's unemployment compensation program, i.e. the Secretary of theLouisiana Workforce Commission. Disaster-related claims will notnecessarily include all claims in all parishes included in the floodingdisaster proclamations, declarations or orders.B)Suspensions of the following statutes relative to unemploymentinsurance, to the extent and in the mamler described below, are herebycontinued:1)La. R.S. 23:1533, which provides for claimimts' benefits to becharged against base period employers for purposes ofemployers' tax experience ratings and the protesting of suchcharges by employers, shall be suspended for disaster-relatedclaims made during the effective period of this Proclamation.2)La. R.S. 23:1552, which provides for the charging ofclaimants' benefits to certain employe s, shall be suspendedfor disaster-related claims made during the effective period ofthis Proclamation.3)La. R.S. 23:1541, which provides for notice of benefitscharged against employer's experience l·ating record, isextended only to the extent that it requires the administratorto render quarterly statements to each employer of benefitspaid each individual and charged to his experience ratingrecord. TI:e benefits paid to persons whose unemploymentresulted from the impact of disaster-related claims will not becharged against the employer's accoun:. To send out noticesas traditionally done is likely to cause confusion since suchnotices include benefit charges by all former employees,including those whose benefit will be charged against thesocial charge account.4)La. R.S. 23:1600(2), (3), and (4) shall be suspended while thisProclamation is in effect for disaster-related claims to theextent that they require claimants to register and search forwork, have a waiting period of one week and be paid arequired a.-nount of wages to be eligible for unemploymentinsurance oenefits. The requirements in La. R.S. 23:1600(2)that claimants continue to repOli in the malliler prescribed bythe Secretary, and in La. R.S. 23:1600(3) that claimants beable to work and be available for work, are waived. Therequirement to continue to repOli, which is accomplishedthrough either an automated telephone system or the Internet,is not impractical and avoids overpayments, which claimants

would be liable to repay. The requirement in La. R.S.23:1600(4) that claimants wait a period of one week beforereceiving benefits is waived. In the immediate aftermath ofthe flooding, waived requirements are not practical forclaimants without fixed temporary or permanent housing andverification of such activities is not practical in many areasaffected by the flooding.5)The provisions of this section shall contin-.Je to be effectiveupon signature for those parishes covered by the MajorPresidential Declaration dated August 22, 2-)20, and for thoseparishes covered by any subsequent expansion of the August21, 2020 Declaration.SECTION 6:All departments, commissions, boards, agencies, and officers of the State, or anypolitical subdivision thereof, are authorized and directed to cooperate in actionsthe State may take in response to the effects of this severe weather event.SECTION 7:This order is effective upon signature and shall remain in effect from Tuesday,October 20,2020 to Wednesday, November 18, 2020, unless terminated sooner.IN WITNESS WHEREOF, I have set my handofficially and caused to be affixed the Great Seal ofLouisiana in the City of Baton Rouge, on this 19thday of October, 2020.ATTEST BY THE SECRETARYOF STATESECRETARYSTATE

EXECUTIVE DEPARTMENT PROCLAMATION NUMBER 141 JBE 2020 RENEWAL OF STATE OF EMERGENCY ANDEXTENSION OF EWERGENCY PROVISIONS FOR HURRICANE LAURA WHEREAS, the Louisiana Homeland Security and Emergency Assistance and Disaster Act, La. R.S. 29:721, el seq., confers upon the Governor of the State of Louisiana emergency powers to deal with emergencies and disasters, incluiEng those caused