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					                                                                            CONTENTS                                                               September 2008


I.    EXECUTIVE ORDERS
      BJ 08-31 Call of Meetings of the State Mineral Board .............................................................................................. 1779
      BJ 08-32 Emergency Operations Plan ..................................................................................................................... 1779
      BJ 08-33 Office of Abstinence Education—Louisiana Abstinence Education Project—Governor's Program on
               Abstinence ................................................................................................................................................ 1784
      BJ 08-34 Office of Community Programs ................................................................................................................. 1785
      BJ 08-35 Hours of Service of Drivers of Gas and/or Electric Utility Service Vehicles ............................................... 1786
      BJ 08-36 Office of the First Lady .............................................................................................................................. 1787
      BJ 08-37 Inmate Labor for Construction of a Non-Denominational Chapel at the Louisiana Correctional Institute
               for Women in St. Gabriel ........................................................................................................................... 1787
      BJ 08-38 Inmate Labor for Construction of Non-Denominational Chapels at B. B. "Sixty" Rayburn and
               Forcht-Wade Correctional Centers ............................................................................................................ 1788
      BJ 08-39 Inmate Labor for Construction of Animal Shelter—Dixon Correctional Institute ........................................ 1788
      BJ 08-40 Continuation of the National Incident Management System (NIMS) Designation ...................................... 1788
      BJ 08-41 Solutions to Poverty .................................................................................................................................. 1789
      BJ 08-42 Maritime Advisory Task Force.................................................................................................................... 1790
      BJ 08-43 Interstate 49 South Feasibility and Funding Task Force ............................................................................ 1791
      BJ 08-44 Interstate 49 North Extension Feasibility and Funding Task Force ............................................................ 1792
      BJ 08-45 Establishment of Unified Command Group and Subcommittees ............................................................... 1793
      BJ 08-46 Drug Control and Violent Crime Policy Board ........................................................................................... 1794
      BJ 08-47 Bond Allocation Procedures ...................................................................................................................... 1795
      BJ 08-48 Louisiana Wild Caught Shrimp Industry Trade Action Advisory Council .................................................... 1798
      BJ 08-49 Louisiana Abraham Lincoln Bicentennial Commission .............................................................................. 1799
      BJ 08-50 Louisiana Commission on Marriage and Family........................................................................................ 1800
      BJ 08-51 Louisiana Offshore Terminal Authority to Administer the Federal Deepwater Port Act for Louisiana ......... 1801
      BJ 08-52 E-Rate Oversight Committee .................................................................................................................... 1802
      BJ 08-53 Louisiana Federal Property Assistance Agency ........................................................................................ 1803
      BJ 08-54 HUD Community Planning and Development Formula Grant Program ..................................................... 1804
      BJ 08-55 Commandeering Property Use—Lake Cataquatche Levee Enlargement, Parish of Jefferson .................. 1805
      BJ 08-56 Commandeering Property for Repair of the 17th Street Canal .................................................................. 1806
      BJ 08-57 Commandeering Property Use—East of Harvey Floodwall—Phase 2B .................................................... 1806
      BJ 08-58 Commandeering Property Use—East of Harvey Canal Floodwall—Contract 1 ........................................ 1807
      BJ 08-59 Commandeering Property Use—East of Harvey Canal Floodwall—Contract 2A ...................................... 1808
      BJ 08-60 Commandeering Property Use—East of Harvey Canal Floodwall—Contract 3A ...................................... 1808
      BJ 08-61 Inmate Labor for Construction of Animal Shelter B.B. "Sixty" Rayburn Correctional Center ..................... 1809
      BJ 08-62 Louisiana Historical Records Advisory Board ............................................................................................ 1809
      BJ 08-63 Governor's Advisory Council on Safe and Drug-Free Schools and Communities ...................................... 1811
      BJ 08-64 Rules and Policies on Leave for Unclassified Service ............................................................................... 1812
      BJ 08-65 Community Development Block Grant Funds ........................................................................................... 1818
      BJ 08-66 The Hudson Initiative................................................................................................................................. 1818
      BJ 08-67 Small Purchase Procedures ...................................................................................................................... 1818
      BJ 08-68 The Board of Parole .................................................................................................................................. 1821
      BJ 08-69 State Employee Drug Testing Policy.......................................................................................................... 1822
      BJ 08-70 Governor's Task Force on DWI—Vehicular Homicide ............................................................................... 1823
      BJ 08-71 Louisiana Rehabilitation Council ............................................................................................................... 1824
      BJ 08-72 Louisiana Emergency Response Commission .......................................................................................... 1826
      BJ 08-73 Louisiana Statewide Independent Living Council ...................................................................................... 1827
      BJ 08-74 Governor's Advisory Council on Disability Affairs ...................................................................................... 1828
      BJ 08-75 Louisiana D.A.R.E. Advisory Board ........................................................................................................... 1829

This public document was published at a total cost of $2,825. Five hundred copies of this public document were published in this monthly
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state agencies established pursuant to R.S. 43:31. Printing of this material was purchased in accordance with the provisions of Title 43 of the
Louisiana Revised Statutes.

The Office of the State Register provides auxiliary aids for the Louisiana Register for visually impaired individuals. By appointment, oral
presentation of the Register is available at the Office of the State Register, or an audiocassette tape of requested sections of the Register can be
provided for the cost incurred by the Office of the State Register in producing such a tape. For more information contact the Office of the State
Register.



                                                                                         i                   Louisiana Register Vol. 34, No. 09 September 20, 2008
      BJ 08-76         Executive Department—Grants Portal....................................................................................................... 1830
      BJ 08-77         Emergency Procedures for Conducting State Business ............................................................................ 1831
      BJ 08-78         DOTD Guidelines for Vehicles, Trucks and Loads .................................................................................... 1832
      BJ 08-79         Hours of Service of Drivers of Telecommunications, Water and/or Wastewater Utility Service Vehicles ... 1833
      BJ 08-80         Temporary Housing of Displaced Youth..................................................................................................... 1833
      BJ 08-81         Licensed Bed Capacity for Nursing Homes ............................................................................................... 1834
      BJ 08-82         Use of State Vehicles to Transport Non-State Employees During Emergency .......................................... 1835
      BJ 08-83         Public Health Emergency .......................................................................................................................... 1835
      BJ 08-84         Emergency Closure of Schools ................................................................................................................. 1836
      BJ 08-85         Postponement of Primary and Proposition Elections for Certain Parishes ................................................ 1837
      BJ 08-86         Suspension of Requirements for Special Officer Commissions ................................................................. 1837
      BJ 08-87         Emergency Suspension of Certain Workers' Compensation Laws ............................................................ 1838
      BJ 08-88         Emergency Authority for Call of Meetings of the State Mineral Board ....................................................... 1839
      BJ 08-89         Rescheduling of the 2008 Primary, General and Proposition Elections Postponed by BJ 08-85 .............. 1839
      BJ 08-90         Emergency Occupation of Hotels and Motels by Utility Restoration Personnel ......................................... 1840
      BJ 08-91         Emergency Suspension of Certain Unemployment Insurance Laws ......................................................... 1841
      BJ 08-92         Emergency Suspension of Deadlines in Legal, Administrative, and Regulatory Proceedings ................... 1842
      BJ 08-93         Limited Transfer of Authority to Commissioner of Insurance for Emergency Rules
                       for Hurricane Gustav ................................................................................................................................. 1843
      BJ 08-94         Emergency Operations Plan—Amendment to Executive Order No. BJ 08-32 .......................................... 1844
      BJ 08-95         Hurricane Gustav Oyster Lease Damage Inspection ................................................................................ 1845

II.   EMERGENCY RULES
      Agriculture and Forestry
            Office of the Commissioner―Fixed Wing Aircraft; Standards for Commercial Aerial Pesticide
                   Applications (LAC 7:XXIII.145) .................................................................................................................. 1847
               Petroleum Products (LAC 7:XXXV.303) .......................................................................................................... 1849
      Education
            Student Financial Assistance Commission, Office of Student Financial Assistance Commission―Health
                   Care Educator Loan Forgiveness Program (LAC 28:IV.Chapter 16) ......................................................... 1849
            Scholarship/Grant Programs (LAC28:IV.103, 301, 504, 701, 703, 803, 1001, 1401, 1403, 1405, 1407,
               1409, 1413, 1415, 1417, 1705, and 1901) ...................................................................................................... 1853
      Governor
            Board of Architectural Examiners―Architects Selection Board―Vacancies (LAC 46:I.2117) ............................. 1861
      Health and Hospitals
            Board of Veterinary Medicine―Temporary Registration during a Declared Public Health
                    Emergency (LAC 46:LXXXV.309) ............................................................................................................ 1863
            Licensed Professional Counselors Board of Examiners―Requirements for Licensure
                    (LAC 46:LX.3303-3315) ........................................................................................................................... 1863
            Office of the Secretary, Bureau of Health Services Financing―Early and Periodic Screening, Diagnosis and
                   Treatment Health Services―EarlySteps Reimbursement Rate Increase (LAC 50:XV.7107) .................... 1865
               Hospital Licensing Standards―Emergency Preparedness―Electronic Reporting Requirements
                    (LAC 48:I.93335) ..................................................................................................................................... 1866
               Medicaid Eligibility―Family Opportunity Act Medicaid Program (LAC 50:III.2303) ......................................... 1866
               Medical Transportation Program―Emergency Aircraft Transportation―Rotor Winged Ambulance
                    Rate Increase (LAC 50:XXVII.351 and 353) ............................................................................................ 1867
               Targeted Case Management―Reimbursement Methodology (LAC 50:XV.10701-10703).............................. 1868
      Insurance
            Office of the Commissioner―Emergency Rule 24―Suspension of Certain Statutes and Regulations
                   Regarding Cancellations, Non-Renewals, Reinstatements, Premium Payments, Claim Filings and
                   Related Provisions Regarding Any and All Insurance Matters Affecting Insureds in Louisiana Caused
                   by Hurricane Gustav (LAC 37:XI.Chapter 44) ........................................................................................... 1869
               Emergency Rule 25—Suspension of Certain Statutes and Regulations Regarding Health Insurance and
                   Related Provisions Regarding Any and All Health Insurance Matters Affecting Insureds in Louisiana
                   Caused by Hurricane Gustav (LAC 37:XI.Chapter 45) .............................................................................. 1873
      Social Services
            Office of Family Support―TANF―Domestic Violence Services and Teen Pregnancy Prevention
                   Program (LAC 67:III.5509 and 5575) ........................................................................................................ 1878
      Wildlife and Fisheries
            Wildlife and Fisheries Commission―2008-2009 Waterfowl Hunting Season ...................................................... 1878
               Commercial Oyster Seed Ground Vessel Permit (LAC 76:VII.525) ................................................................ 1879
               Lake Merchant Oyster Season Closure .......................................................................................................... 1880
               Sharks and Sawfishes―Harvest Regulations (LAC 76:VII.357) ..................................................................... 1880




Louisiana Register Vol. 34, No. 09 September 20, 2008                                    ii
III.   RULES
       Education
            Student Financial Assistance Commission―Office of Financial Assistance―Scholarship Grant Programs
                   (LAC 28:IV.301, 507, and 1301) ................................................................................................................ 1884
            Tuition Trust Authority―Office of Student Financial Assistance―START Savings Program
                   (LAC 28:VI.107, 307, and 315) .................................................................................................................. 1885
       Environmental Quality
            Office of the Secretary, Legal Affairs Division―DMR Submittal (LAC 33:IX.2701)(WQ074) ............................... 1886
               Environmental Quality ((LAC 33:I.107, 502, 603, 905, 1302, 1407, 2003, 2503, 3703; III.504, 605,
                   2132, 2133, 2135, 2137, 2143, 2145, 2301, 5151; V.105, 109, 519, 529, 1529, 1709, 1711, 1741,
                   1907, 2230, 2246, 2247, 2306, 2311, 2503, 2508, 2906, 3025, 3105, 3111, 4003, 4357, 4367,
                   4437, 4459, 4545; VI.911; VII.711, 721; IX.301, 1123; XI.1139; and XV.609) (MM008) ............................ 1887
               Performance Testing Notifications and Reports
                   (LAC 33:III.523, 2107, 2108, 2511, 2521, 2531, and 5113)(AQ294) ......................................................... 1903
       Health and Hospitals
            Board of Medical Examiners―Adjudication (LAC 46:XLV.9905) ......................................................................... 1905
               Dispensation of Medications (LAC 46:XLV.6503, 6505, 6506, and 6515) ....................................................... 1905
            Board of Physical Therapy Examiners—Licensure, Certification, and Practice (LAC 46:LIV.121, 127,
                   155, 167-173, 303-311, 315, 321, 323, 327) ............................................................................................. 1906
            Board of Practical Nurse Examiners―Adjudication and Records Protection (LAC 46:XLVII.306 and 917) ......... 1912
            Office of the Secretary―Bureau of Health Services Financing―Inpatient Hospital Services―NonRural,
                   Non-State Hospitals―Distinct Part Psychiatric Unit Expansions (LAC 50:V.915) ..................................... 1913
               Mental Health Rehabilitation Program (LAC 50:XV.Chapters 1-7 and 11) ...................................................... 1913
               Nursing Facility Minimum Licensing Standards Emergency Preparedness (LAC 48:I.9729) .......................... 1917
               Outpatient Hospital Services―Rehabilitation Services Reimbursement Methodology
                   (LAC 50:V.5921 and 5923) ........................................................................................................................ 1921
       Governor
            Board of Examiners of Interior Designers―Interior Designers (LAC 46:XLIII.101, 107, 109, 117, 501,
                   701, 703, 704, 705, 802, 803, 804, 805, 901, 902, 903, 907, 909, 1001, 1003, 1005, 1101, 1104,
                   1106, 1108, 1110, 1201, and 1203) ........................................................................................................... 1922
            Board of Home Inspectors―Home Inspectors Fees (LAC 46:XL.117) ................................................................ 1926
            Commission on Law Enforcement and Administration of Criminal Justice―Peace Officer
                   Training (LAC 22:III.4709) ......................................................................................................................... 1927
       Public Safety and Corrections
            Corrections Services―Offender Incentive Pay and Other Wage Compensation (LAC 22:I.331) ........................ 1927
       Revenue
            Policy Services Division―Lessors of Motor Vehicles―Electronic Filing Requirement (LAC 61:III.1511) ............ 1929
       Social Services
            Office of Family Support―Support Enforcement Services Program (LAC 67:III.2305) ....................................... 1929
            TANF―OCS Child Welfare Programs (LAC 67:III.5549) ..................................................................................... 1930

IV.    NOTICES OF INTENT
       Environmental Quality
            Office of the Secretary, Legal Affairs Division―Asbestos and Lead Fees (LAC 33:III.223)(AQ282) ................... 1933
               Hazardous Waste Code F019 (LAC 33:V.4901)(HW103ft) ............................................................................. 1935
               RCRA XVII Authorization Package (LAC 33:V.105, 109, and 3105)(HW104ft) ............................................... 1936
       Governor
            Board of Architectural Examiners―Architects Selection Board―Vacancies
                    (LAC 46:I.2117) ....................................................................................................................................... 1938
            Board of Certified Public Accountants―Continuing Professional Education (CPE) (LAC 46:XIX.1305
                    and 1309) ................................................................................................................................................ 1939
            Division of Administration, Office of Group Benefits―PPO and EPO Plans of Benefits—Eligible
                    Expenses (LAC 32:III:301, V:301) ........................................................................................................... 1941
            Office of Financial Institutions―Residential Mortgage Lending Act―Expired License Reinstatement
                   Procedure (LAC10:XII.301) ....................................................................................................................... 1932
       Health and Hospitals
            Board of Dentistry―Dentistry Requirements, Licenses and Permits (LAC 46:XXXIII.306, 415, 419,
                   420, 706, 1709 and 1711) ......................................................................................................................... 1942
            Board of Medical Examiners―Podiatrists; Licensure and Certification (LAC 46:XLV.1303, 1304, 1305,
                   1307, 1319, 1321, 1323, 1325, 1327, 1357, 1365, 1367, and 1369) ......................................................... 1944
            Board of Nursing―Denial or Delay of Licensure (LAC 46:XLVII.3331) ............................................................... 1948
            Office of the Secretary, Aging and Adult Services―Personal Care Services―Long Term Louisiana
                   Personal Options Program (LAC 50:XV.Chapter 129) ............................................................................... 1951
            Office of the Secretary, Bureau of Health Services Financing―Prosthetics and Orthotics Provider
                   Accreditation (LAC 50:XVII.301, 303 and 501) .......................................................................................... 1955


                                                                                          iii                   Louisiana Register Vol. 34, No. 09 September 20, 2008
       Public Safety and Corrections
            Corrections Services— Prison Enterprises―Responsibilities and Functions (LAC 22:I.1101) ............................ 1957
            Gaming Control Board―Application and License (LAC 42:XI.2405) ................................................................... 1960
            Office of Motor Vehicles―License Plates; Types of License Plates (LAC 55:III.301-327) ................................... 1961
            Transportation and Environmental Safety Section―Explosive Code (LAC 55:I.Chapter 15) .............................. 1962
       Social Services
            Office of Family Support―FITAP/KCSP―Recovery of Repayments (LAC 67:III.1503 and 5383) ...................... 1966

V.     COMMITEE REPORTS
       House of Representatives
            House Committee on Health and Welfare—Proposed Rule―General Provisions and Code of Conduct
                 Licensed Professional Counselors Board of Examiners (LAC 46:LX.Chapters 1-21) ............................... 1968
       Senate
            Senate Committee on Health and Welfare—Proposed Rule―General Provisions and Code of Conduct
                 Licensed Professional Counselors Board of Examiners (LAC 46:LX.Chapters 1-21) ............................... 1968

VI.    POTPOURRI
       Agriculture and Forestry
             Horticulture Commission―Landscape Architect Registration Exam.................................................................... 1969
       Environmental Quality
             Office of the Secretary, Legal Affairs Division―2007 State Implementation Plan (SIP) General Revisions ......... 1969
             Extension of Comment Period for Centralized Waste Treatment Facilities Also Treating Exploration and
                    Production Waste (LAC 33:IX.101, 701, 703, 708, 715, 1701, 1703, 1705, 1707, 1709, 1711, 1799,
                    1901, 2313, 2501, 2903, 6509, 6701, 6703, 6705, 6707, 6709, 7305, 7307, and 7395; and XV.1404)..... 1971
       Wildlife and Fisheries
             Wildlife and Fisheries Commission—Oyster Seed Ground Vessel Permit........................................................... 1972

VII.   INDEX ........................................................................................................................................................................... 1973




Louisiana Register Vol. 34, No. 09 September 20, 2008                                          iv
                                            Executive Orders
               EXECUTIVE ORDER BJ 08-31                                              EXECUTIVE ORDER BJ 08-32
           Call of Meetings of the State Mineral Board                                   Emergency Operations Plan

     WHEREAS, the State Mineral Board, created and                            WHEREAS, the state of Louisiana must be prepared
established by Act No. 93 of the 1936 Regular Legislative               to respond in a coordinated, effective and efficient manner to
Session, R.S. 30:121, et seq., meets at the call of the                 all the emergencies and disasters to which it is subjected;
governor pursuant to the provisions of R.S. 30:123; and                       WHEREAS, it is the policy of the state of Louisiana
     WHEREAS, the customary meeting schedule for the                    for all homeland security and emergency preparedness
State Mineral Board is impracticable at times, due to                   functions to follow the principles outlined in the National
holidays, special events, and/or special circumstances;                 Incident Management System, or its successor, and La. R.S.
     NOW THEREFORE I, Bobby Jindal, Governor of the                     29:722(C); and
State of Louisiana, by virtue of the authority vested by the                  WHEREAS, the state of Louisiana will best achieve
Constitution and laws of the state of Louisiana, do hereby              effective coordinated emergency planning by updating the
order and direct as follows:                                            state’s current emergency operations order through the
     SECTION 1: The regular scheduled meetings of the                   replacement of Executive Order No. KBB 2006-34, issued
State Mineral Board (hereafter “Board”) shall be held on the            on August 3, 2006, and by the Governor’s Office of
second Wednesday of each month for the granting of oil,                 Homeland Security and Emergency Preparedness updating
gas, and mineral leases, and such other business as may                 its emergency operations plan;
properly come before the Board.                                               NOW THEREFORE, I, BOBBY JINDAL, Governor of
     SECTION 2: Upon obtaining the approval of the                      the state of Louisiana, by virtue of the authority vested by
Board, the chair of the Board is authorized to issue for the            the Constitution and the laws of the state of Louisiana, do
governor the call of a meeting of the Board scheduled for a             hereby order and direct as follows:
date other than the second Wednesday of a month, when a                       SECTION 1:
meeting on the second Wednesday is impracticable because                        A. The director of the Governor’s Office of
a holiday or other special event falls on that date.                    Homeland Security and Emergency Preparedness, state of
     SECTION 3: Upon obtaining the approval of the                      Louisiana, (hereafter “director”), shall direct the state of
Board, the chair of the Board is authorized to issue for the            Louisiana’s emergency and/or disaster operations.
governor the call of a meeting of the Board that is in                          B. The director, or the director’s designee, shall also
addition to the board’s monthly meeting, when special                   coordinate the activities of all non-state agencies,
circumstances necessitate that an additional meeting be held.           departments, and/or organizations involved in emergency
     SECTION 4: All departments, commissions, boards,                   management within the state of Louisiana.
offices, entities, agencies, and officers of the state of                     SECTION 2:
Louisiana, or any political subdivision thereof, are                            A. This Executive Order shall constitute the
authorized and directed to cooperate with the Board in                  Louisiana Emergency Operations Plan (“Plan”), which shall
implementing the provisions of this Order.                              be binding on all departments, commissions, boards,
     SECTION 5: This Order is effective upon signature                  agencies, organizations and employees of the state of
and shall continue in effect until amended, modified,                   Louisiana, and on all local governments or political
terminated, or rescinded by the governor, or terminated by              subdivisions of the state authorized or directed to conduct
operation of law.                                                       homeland security and emergency management operations.
     IN WITNESS WHEREOF, I have set my hand                                     B. The director shall supplement the provisions of
officially and caused to be affixed the Great Seal of                   the Plan by prescribing rules, regulations, and procedures.
Louisiana, at the Capitol, in the city of Baton Rouge, on this          Once adopted, the supplement shall also be binding on all
8th day of August, 2008.                                                departments, commissions, boards, agencies, organizations
                                                                        and employees of the state of Louisiana, and on all local
                             Bobby Jindal                               governments or political subdivisions of the state authorized
                             Governor                                   or directed to conduct homeland security and emergency
ATTEST BY                                                               management operations.
THE GOVERNOR                                                                    C. Any supplement or subsequent changes to the
Jay Dardenne                                                            plan shall continue to follow the principles outlined in the
Secretary of State                                                      National Incident Management System, or its successor, and
0809#078                                                                also provide for the emergency operations that may be
                                                                        implemented should an emergency and/or disaster strike the
                                                                        state of Louisiana or an area within the state of Louisiana;




                                                                 1779             Louisiana Register Vol. 34, No. 09 September 20, 2008
    SECTION 3:                                                                  C. The activation of the Center shall constitute the
       A. The director shall control the activation and/or                implementation of the Plan.
implementation of the Plan and the conclusion and/or                          SECTION 4: The departments, offices, agencies, and
deactivation of the Plan.                                                 organizations of the state of Louisiana government have
       B. The director shall also control the activation and              primary and support responsibilities for the following
deactivation of the state Emergency Operations Center                     Emergency Support Functions (ESF):
(hereafter “Center”).


                                                                                                               PRIMARY/
                 ESF                ANNEX                           DEPARTMENT/AGENCY                          SUPPORT
                 ESF1            Transportation            Department of Transportation and Development            P
                                                                      Louisiana National Guard                     S
                                                               Department of Agriculture and Forestry              S
                                                                      Department of Corrections                    S
                                                                       Department of Education                     S
                                                                 Department of Health and Hospitals                S
                                                                        Louisiana State Police                     S
                                                                 Department of Wildlife and Fisheries              S
                 ESF 2          Communications          Governor’s Office of Homeland Security and Emergency
                                                                             Preparedness                         P
                                                                      Louisiana National Guard                    P
                                                                        Louisiana State Police                    P
                                                               Department of Agriculture and Forestry             S
                                                                      Department of Corrections                   S
                                                            Department of Culture, Recreation & Tourism           S
                                                               Department of Economic Development                 S
                                                                       Department of Education                    S
                                                                Department of Environmental Quality               S
                                                               Governor – Division of Administration              S
                                                                 Governor – Office of Elderly Affairs             S
                                                              Governor – Oil Spill Coordinators Office            S
                                                                  Louisiana State University System               S
                                                                 Department of Health and Hospitals               S
                                                                        Department of Justice                     S
                                                                         Department of Labor                      S
                                                                Louisiana Public Service Commission               S
                                                                     Louisiana Board of Regents                   S
                                                                       Department of Revenue                      S
                                                                    Department of Social Services                 S
                                                            Department of Transportation & Development            S
                                                                 Department of Wildlife and Fisheries             S
                                                                       Volunteer Organizations                    S
                 ESF 3          Public Works &              Department of Transportation & Development            P
                                  Engineering                         Louisiana National Guard                    S
                                                               Governor – Division of Administration              S
                                                                  Department of Health & Hospitals                S
                                                                   Department of Natural Resources                S
                                                                       Volunteer Organizations                    S

                 ESF 4            Firefighting                 Department of Agriculture and Forestry             P
                                                                     Louisiana National Guard                     S
                                                                Department of Environmental Quality               S
                                                                         State Fire Marshal                       S
                                                            Department of Transportation and Development          S
                                                                Department of Wildlife and Fisheries              S
                                                                      Volunteer Organizations                     S




Louisiana Register Vol. 34, No. 09 September 20, 2008             1780
ESF 5     Emergency         Governor’s Office of Homeland Security and Emergency
          Management                             Preparedness                              P
                                          Louisiana National Guard                         S
                                   Department of Agriculture and Forestry                  S
                                          Department of Corrections                        S
                                Department of Culture, Recreation & Tourism                S
                                   Department of Economic Development                      S
                                           Department of Education                         S
                                    Department of Environmental Quality                    S
                                   Governor – Division of Administration                   S
                                   Governor – Office of Disability Affairs                 S
                                     Governor – Office of Elderly Affairs                  S
                                     Governor – Office of Indian Affairs                   S
                                  Governor – Oil Spill Coordinators Office                 S
                                      Louisiana State University System                    S
                                     Department of Health and Hospitals                    S
                                            Department of Justice                          S
                                             Department of Labor                           S
                                       Department of Natural Resources                     S
                                    Louisiana Public Service Commission                    S
                                         Louisiana Board of Regents                        S
                                           Department of Revenue                           S
                                               Secretary of State                          S
                                        Department of Social Services                      S
                                            Louisiana State Police                         S
                                Department of Transportation & Development                 S
                                         Department of the Treasury                        S
                                     Department of Wildlife and Fisheries                  S
                                           Volunteer Organizations                         S
ESF 6      Mass Care,                   Department of Social Services                      P
          Housing and                     Department of Corrections                        P
         Human Services     Governor’s Office of Homeland Security and Emergency
                                                 Preparedness                              S
                                      Louisiana Family Recovery Corps                      S
                                     Louisiana Housing Finance Agency                      S
                                          Louisiana National Guard                         S
                                   Department of Agriculture and Forestry                  S
                               Department of Culture, Recreation and Tourism               S
                                           Department of Education                         S
                                              State Fire Marshal                           S
                                   Governor – Office of Disability Affairs                 S
                                     Governor – Office of Elderly Affairs                  S
                                     Department of Health and Hospitals                    S
                                      Louisiana State University System                    S
                                           Department of Insurance                         S
                                             Department of Labor                           S
                                       Department of Natural Resources                     S
                                         Louisiana Board of Regents                        S
                                        Department of Veterans Affairs                     S
                                           Department of Revenue                           S
                                           Volunteer Organizations                         S
ESF 7   Resources Support   Governor’s Office of Homeland Security and Emergency
                                                 Preparedness                              P
                                          Louisiana National Guard                         P
                                    Department of Agriculture & Forestry                   S
                               Department of Culture, Recreation and Tourism               S
                                   Department of Economic Development                      S
                                    Department of Environmental Quality                    S
                                   Governor – Division of Administration                   S
                                      Louisiana State University System                    S
                                     Department of Health and Hospitals                    S
                                             Department of Labor                           S
                                       Department of Natural Resources                     S
                                         Louisiana Board of Regents                        S
                                        Department of Social Services                      S
                                            Louisiana State Police                         S
                                Department of Transportation & Development                 S
                                         Department of the Treasury                        S
                                           Volunteer Organizations                         S
ESF 8   Public Health &               Department of Health & Hospitals                     P
        Medical Services                  Louisiana National Guard                         S
                                   Department of Agriculture and Forestry                  S

                                      1781               Louisiana Register Vol. 34, No. 09 September 20, 2008
                                                                       Department of Corrections                       S
                                                                 Department of Environmental Quality                   S
                                                                   Louisiana State University System                   S
                                                                       Louisiana Board of Regents                      S
                                                                           State Fire Marshal                          S
                                                             Department of Transportation & Development                S
                                                                     Department of Veterans Affairs                    S
                                                                        Volunteer Organizations                        S
                 ESF 9         Search & Rescue                    Department of Wildlife and Fisheries                 P
                                                                        Louisiana National Guard                       S
                                                                Department of Agriculture and Forestry                 S
                                                                       Department of Corrections                       S
                                                             Department of Culture, Recreation, & Tourism              S
                                                                           State Fire Marshal                          S
                                                                         Louisiana State Police                        S
                                                            Department of Transportation and Development               S
                                                    Louisiana State University Fire and Emergency Training Institute   S
                                                                        Volunteer Organizations                        S
                ESF 10             Oil Spill,                  Governor – Oil Spill Coordinators Office                P
                                  Hazardous                              Louisiana State Police                        P
                                 Materials and                   Department of Environmental Quality                   P
                                 Radiological          Governor’s Office of Homeland Security and Emergency
                                                                              Preparedness                             S
                                                                        Louisiana National Guard                       S
                                                                Department of Agriculture and Forestry                 S
                                                                           State Fire Marshal                          S
                                                                   Louisiana State University System                   S
                                                                  Department of Health and Hospitals                   S
                                                                    Department of Natural Resources                    S
                                                            Department of Transportation and Development               S
                                                                  Department of Wildlife and Fisheries                 S
                                                                        Volunteer Organizations                        S
                ESF 11            Agriculture                    Department of Agriculture & Forestry                  P
                                                                        Louisiana National Guard                       S
                                                                       Department of Corrections                       S
                                                                 Department of Environmental Quality                   S
                                                                  Department of Health and Hospitals                   S
                                                                       Louisiana Board of Regents                      S
                                                                   Louisiana State University System                   S
                                                            Department of Transportation and Development               S
                                                                  Department of Wildlife and Fisheries                 S
                                                                        Volunteer Organizations                        S
                ESF 12            Energy and            Department of Natural Resources/Intrastate Natural Gas         P
                                   Utilities                 Louisiana Public Service Commission/Power                 P
                                                             Louisiana Department of Health and Hospitals
                                                                      (Water/Wastewater Utilities)                     S
                                                            Louisiana Department of Environmental Quality
                                                                         (Wastewater Utilities)                        S
                                                                        Volunteer Organizations                        S
                                                                        Louisiana National Guard                       S
                ESF 13         Public Safety and                         Louisiana State Police                        P
                                   Security                              Department of Justice                         P
                                                                        Louisiana National Guard                       S
                                                                Department of Agriculture and Forestry                 S
                                                                       Department of Corrections                       S
                                                            Department of Culture, Recreation and Tourism              S
                                                    Department of Revenue - Office of Alcohol and Tobacco Control      S
                                                            Department of Transportation and Development               S
                                                                  Department of Wildlife and Fisheries                 S
                                                                        Louisiana Youth Services                       S
                ESF 14           Community             Governor’s Office of Homeland Security and Emergency
                                  Recovery,                                   Preparedness                             P
                                Mitigation and                  Department of Economic Development                     P
                                  Economic                              Louisiana National Guard                       S
                                 Stabilization                  Department of Agriculture and Forestry                 S
                                                            Department of Culture, Recreation and Tourism              S
                                                                        Department of Education                        S
                                                                 Department of Environmental Quality                   S
                                                                 Governor – Division of Administration                 S
                                                               Governor – Office of Financial Institutions             S
                                                                   Louisiana State University System                   S
                                                                  Department of Health and Hospitals                   S

Louisiana Register Vol. 34, No. 09 September 20, 2008              1782
                                                                    Department of Insurance                         S
                                                                     Department of Justice                          S
                                                                      Department of Labor                           S
                                                                Department of Natural Resources                     S
                                                             Louisiana Public Service Commission                    S
                                                                  Louisiana Board of Regents                        S
                                                                    Department of Revenue                           S
                                                                 Department of Social Services                      S
                                                                        Secretary of State                          S
                                                                     Louisiana State Police                         S
                                                        Department of Transportation and Development                S
                                                                  Department of the Treasury                        S
                                                                    Volunteer Organizations                         S
                ESF 15        Emergency Public       Governor’s Office of Homeland Security and Emergency
                                Information                               Preparedness                              P
                                                                   Louisiana National Guard                         S
                                                             Senate and House Legislative Liaisons                  S
                                                            Department of Agriculture and Forestry                  S
                                                                   Department of Corrections                        S
                                                         Department of Culture, Recreation & Tourism                S
                                                            Department of Economic Development                      S
                                                                    Department of Education                         S
                                                             Department of Environmental Quality                    S
                                                                       State Fire Marshal                           S
                                                            Governor – Division of Administration                   S
                                                            Governor – Office of Disability Affairs                 S
                                                              Governor – Office of Elderly Affairs                  S
                                                           Governor – Office of Financial Institutions              S
                                                              Governor – Office of Indian Affairs                   S
                                                           Governor – Oil Spill Coordinators Office                 S
                                                               Louisiana State University System                    S
                                                              Department of Health and Hospitals                    S
                                                                     Department of Justice                          S
                                                                    Department of Insurance                         S
                                                                      Department of Labor                           S
                                                                Department of Natural Resources                     S
                                                             Louisiana Public Service Commission                    S
                                                                  Louisiana Board of Regents                        S
                                                                    Department of Revenue                           S
                                                                 Department of Social Services                      S
                                                                        Secretary of State                          S
                                                                     Louisiana State Police                         S
                                                        Department of Transportation and Development                S
                                                                  Department of the Treasury                        S
                                                              Department of Wildlife and Fisheries                  S
                                                                    Volunteer Organizations                         S
                               Military Support
                ESF 16        to Civilian Affairs                  Louisiana National Guard                         P

     SECTION 5: The head of each department, office,                   shall assist its primary department in the preparation of their
agency, and organization identified in Section 4 of this               procedures and/or any other documents necessary to support
Order shall designate both an emergency coordinator and an             the Plan.
alternate coordinator to act on the department’s behalf                     SECTION 8: The head of each department assigned a
during an emergency situation, and furnish the director with           primary and/or a support responsibility in Section 4 of this
their names and all phone numbers. The head shall also                 Order will:
designate a Continuity of Operations Plan (COOP)                              A. Staff the State Emergency Operations Center
coordinator who will prepare and maintain plans,                       with personnel during training exercises and emergencies as
procedures, arrangements, and agreements to ensure that the            requested by the director;
organization will continue to carry out its mission in an                     B. Maintain and operate a 24-hour response
emergency or disaster.                                                 capability in the department headquarters, or in the
     SECTION 6: The head of each department assigned a                 department’s designated Emergency Operations Center,
primary ESF responsibility in Section 4 shall submit                   when the Plan is implemented;
implementing procedures to the director that set forth the                    C. Participate in exercises of the Plan when
department’s procedures for carrying out its assigned                  scheduled by the director;
emergency support functions. The head of each department                      D. Participate in, and conduct, training essential to
shall submit annual updates of their implementing                      implementation of the department’s assigned emergency
procedures to the director.                                            service;
     SECTION 7: The head of each department assigned                          E. Conduct an annual internal review to update the
emergency support responsibilities in Section 4 of this Order          details of their department’s implementing procedures and
                                                                1783              Louisiana Register Vol. 34, No. 09 September 20, 2008
advise the director of needed modifications of their                     the Constitution and the laws of the state of Louisiana, do
implementing procedures; and                                             hereby order and direct as follows:
        F. Maintain logs, records, and reporting systems                      SECTION 1: The Office of Abstinence Education -
required by all state and federal laws, rules, and regulations.          Louisiana Abstinence Education Project - Governor’s
     SECTION 9: All departments, commissions, boards,                    Program on Abstinence (hereafter “Office of Abstinence
agencies and officers of the state, or any political                     Education”) is reestablished and recreated within the
subdivision thereof, are authorized and directed to cooperate            executive department, Office of Community Programs,
in the implementation of this Order.                                     Office of the Governor, with federal funding through the
     SECTION 10: This Order is effective upon signature                  Department of Health and Hospitals;
and shall remain in effect until amended, modified,                           SECTION 2: The goals of the Office of Abstinence
terminated, or rescinded by the governor, or terminated by               Education shall include, but are not limited to, the following:
operation of law.                                                               A. Reducing the incidence of premarital sexual
     IN WITNESS WHEREOF, I have set my hand                              activity among the youth of Louisiana;
officially and caused to be affixed the Great Seal of                           B. Reducing the rate of sexually transmitted
Louisiana, at the Capitol, in the city of Baton Rouge, on this           diseases among the youth of Louisiana; and
22nd day of August, 2008.                                                       C. Lowering the premarital pregnancy rate among
                                                                         the youth of Louisiana.
                           Bobby Jindal                                       SECTION 3: The duties of the Office of Abstinence
                           Governor                                      Education shall include, but are not limited to, the following:
ATTEST BY                                                                       A. Applying for and receiving funding for the
THE GOVERNOR                                                             development and administration of the Office of Abstinence
Jay Dardenne                                                             Education from public and private sources including, but not
Secretary of State                                                       limited to, funding and allotments available pursuant to 42
0809#025                                                                 U.S.C. §710;
                                                                                B. Establishing and administering community-based
             EXECUTIVE ORDER BJ 08-33                                    abstinence education programs statewide with an emphasis
                                                                         in those communities with elevated rates of premarital
  Office of Abstinence Education—Louisiana Abstinence
                                                                         pregnancies and/or sexually transmitted diseases;
  Education Project—Governor’s Program on Abstinence
                                                                                C. Providing youths with the authentic abstinence
                                                                         message which includes medically accurate and age-
     WHEREAS, the economic development of the state
                                                                         appropriate family life education and skills which emphasize
of Louisiana depends on a healthy, educated, and job-ready
                                                                         abstinence from sexual activity and other high risk
workforce;                                                               behaviors;
     WHEREAS, the citizens of the state of Louisiana                            D. Providing parents with family life education and
face many challenges, including rates of teenage pregnancy
                                                                         skills which emphasize and support their role as the primary
and sexually transmitted diseases that rank above the
                                                                         educator of family values;
national average, which hinder our ability to prepare our
                                                                                E. Promoting among youths, community awareness
youth for the opportunities of the future;
                                                                         of the dangers of premarital sexual activity for the purpose
     WHEREAS, the encouragement of abstinence                            of encouraging a more socially acceptable dialogue between
education programs throughout the state, with special                    youths and adults about abstinence from sexual activity and
emphasis in those areas with elevated rates of sexually
                                                                         other high risk behaviors; and
transmitted diseases and/or premarital pregnancies among
                                                                                F. Promoting character qualities and human skills
teenagers, will support the youth of this state in creating a
                                                                         that are beneficial to marriage and to raising responsible and
culture that promotes sexual abstinence prior to marriage;               productive children.
     WHEREAS, through a program established pursuant                          SECTION 4: As used in this Order, “abstinence
to Title V of the Social Security Act, as provided in 42
                                                                         education” is defined in accordance with 42 U.S.C.
U.S.C. §710, states may apply for allotments from the
                                                                         §710(b)(2). “Abstinence education” means an education or
federal government, through the secretary of the United
                                                                         motivational program which:
States Department of Health and Human Services, to enable
                                                                                A. Has as its exclusive purpose, teaching the social,
the state to provide abstinence education and to provide                 psychological, and health gains to be realized by abstaining
appropriate mentoring, counseling, and adult supervision to              from sexual activity;
youths to promote abstinence from premarital sexual
                                                                                B. Teaches abstinence from sexual activity outside
activity, focusing on those groups which have a higher
                                                                         marriage as the expected standard for all school age
premarital pregnancy rate; and
                                                                         children;
     WHEREAS, the interests of the citizens of the state
                                                                                C. Teaches that abstinence from sexual activity is
of Louisiana would best be served by the continuance of the              the only certain way to avoid out-of-wedlock pregnancy,
Office of Abstinence Education which will create new, and                sexually transmitted diseases, and other associated health
continue existing programs, throughout the state, to bring
                                                                         problems;
age-appropriate, medically sound information in a manner
                                                                                D. Teaches that a mutually faithful monogamous
that educates, encourages, and supports the youth regarding
                                                                         relationship in the context of marriage is the expected
the benefit of sexual abstinence;
                                                                         standard of human sexual activity;
     NOW THEREFORE, I, BOBBY JINDAL, Governor of
the state of Louisiana, by virtue of the authority vested by
Louisiana Register Vol. 34, No. 09 September 20, 2008             1784
        E. Teaches that sexual activity outside of the context                        EXECUTIVE ORDER BJ 08-34
of marriage is likely to have harmful psychological and
                                                                                        Office of Community Programs
physical effects;
        F. Teaches that bearing children out-of-wedlock is
likely to have harmful consequences for the child, the child’s                WHEREAS, the Office of the Governor has many
                                                                         agencies and/or divisions within it which provide a wide
parents, and society;
                                                                         range of services for the citizens and local governments of
        G. Teaches young people how to reject sexual
                                                                         the state of Louisiana; and
advances, and how alcohol and drug use increases
                                                                              WHEREAS, the Office of Community Programs
vulnerability to sexual advances; and
        H. Teaches the importance of attaining self-                     within the Office of the Governor was originally established
sufficiency before engaging in sexual activity.                          by executive order to coordinate the operation and delivery
                                                                         of services provided by these agencies and/or divisions;
     SECTION 5:
                                                                              NOW THEREFORE, I, BOBBY JINDAL, Governor of
        A. The Office of Abstinence Education shall be
                                                                         the state of Louisiana, by virtue of the authority vested by
directed by a director/state coordinator who shall be
                                                                         the Constitution and the laws of the state of Louisiana, do
appointed by, and serve at the pleasure of, the governor. The
director/state coordinator shall be responsible for                      hereby order and direct as follows:
administering, overseeing, and evaluating the programs of                     SECTION 1: The Office of Community Programs
                                                                         (hereafter “Office”) is reestablished and recreated within the
the Office of Abstinence Education in a manner which
                                                                         executive department, Office of the Governor.
facilitates the accomplishment of the project’s goals, as set
                                                                              SECTION 2: The Office shall be composed of the
forth in Section 2 of this Order, and its duties, as defined in
                                                                         following agencies and divisions of the Office of the
Section 3 of this Order.
        B. The director/state coordinator shall submit an                Governor:
annual comprehensive report to the governor, by January 1,                       A. Office of Disability Affairs (R.S. 46:2581, et
                                                                         seq.);
which addresses the fulfillment of the Office of Abstinence
                                                                                 B. Office of Elderly Affairs (R.S. 46:931, et seq.);
Education’s goals, as set forth in Section 2 of this Order, and
                                                                                 C. Office of Indian Affairs (R.S. 46:2301, et seq.);
its duties, as defined in Section 3 of this Order. Annual
reports shall include all relevant comparative data and                          D. Office of the Louisiana Oil Spill Coordinator
information relating to the effectiveness of the Office of               (R.S. 30:2455, et seq.);
                                                                                 E. Louisiana State Interagency Coordinating
Abstinence Education to the abstinence education projects
                                                                         Council for Child Net, sometimes referred to as “Early
and/or programs of other states.
                                                                         Steps” (R.S. 17:1979 and R.S. 36.4(R));
     SECTION 6: The office of the director/state
                                                                                 F. Louisiana       Abstinence      Education     Project
coordinator of the Office of Abstinence Education shall be
located in, and operated from, a state-owned facility. The               (Executive Order No. BJ 08-33);
Office of Abstinence Education shall be permitted staff and                      G. Governor’s Office of Safe and Drug Free Schools
                                                                         and Communities;
resources to fulfill the goals, duties, and responsibilities
                                                                                 H. Drug Policy Board (R.S. 49:219.1, et seq.);
specified in this Order. It shall be permitted to accept the
                                                                                 I. Office on Women’s Policy (R.S. 46:2521, et
efforts of volunteers in accordance with state law.
                                                                         seq.);
     SECTION 7: All departments, commissions, boards,
offices, entities, agencies, and officers of the state of                        J. Children’s Cabinet (R.S. 46:2602, et seq.); and
Louisiana, or any political subdivision thereof, are                             K. Louisiana Animal Welfare Commission (R.S.
                                                                         3:2364).
authorized and directed to cooperate with the Office of
                                                                              SECTION 3: The Office shall also be composed of
Abstinence Education in implementing the provisions of this
                                                                         the following programs and/or services:
Order.
     SECTION 8: This Order is effective upon signature                           A. Renewal Communities Program;
and shall remain in effect until amended, modified,                              B. Non-Public         School       Early      Childhood
                                                                         Development Program;
terminated, or rescinded by the governor, or terminated by
                                                                                 C. Delta Regional Authority; and
operation of law.
                                                                                 D. Louisiana Guardianship Program.
     IN WITNESS WHEREOF, I have set my hand
                                                                              SECTION 4: The duties and functions of the Office
officially and caused to be affixed the Great Seal of
Louisiana, at the Capitol, in the city of Baton Rouge, on this           shall include, but are not limited to, the following:
22nd day of August, 2008.                                                        A. Coordinating, directing, and monitoring the
                                                                         manner in which the services of the agencies, divisions,
                                                                         and/or programs of the Office of the Governor that are listed
                           Bobby Jindal
                                                                         in Section 2 and Section 3 of this Order are provided to the
                           Governor
                                                                         citizens and local governments of the state of Louisiana;
ATTEST BY
THE GOVERNOR                                                                     B. Promoting and coordinating legislative initiatives
Jay Dardenne                                                             that are designed to improve the quantity, quality, and
                                                                         delivery of the state services provided for the benefit of the
Secretary of State
0809#026                                                                 citizens and local governments of the state of Louisiana;




                                                                  1785             Louisiana Register Vol. 34, No. 09 September 20, 2008
        C. Disseminating information about state services                             EXECUTIVE ORDER BJ 08-35
and legislative initiatives to state, federal, and/or private
                                                                                     Hours of Service of Drivers of Gas
agencies which provide services to the citizens and/or local
                                                                                   and/or Electric Utility Service Vehicles
governments of the state of Louisiana; and
        D. Advising the governor on all issues related to
                                                                             WHEREAS, the welfare of the citizens of the state of
state services that are provided for the benefit of citizens
                                                                        Louisiana is jeopardized by any occurrence, natural or man-
and/or local governments of the state of Louisiana.
                                                                        made, that interrupts the delivery of gas and electrical
     SECTION 5:
                                                                        services;
        A. A member of the governor’s executive staff shall
serve as the executive director of the Office. The executive                 WHEREAS, 49 C.F.R. §350.201, et seq., of the
director shall report to the governor, or the governor’s                Federal Motor Carrier Safety Regulations, requires each
                                                                        state to assume responsibility for improving motor carrier
designee.
                                                                        safety and adopting and enforcing safety laws and
        B. The executive director shall be the appointing
                                                                        regulations that are compatible with new federal hours of
and budget authority for all the agencies, divisions, and/or
                                                                        service regulations as soon as practical, but no later than
programs of the Office of the Governor listed in Section 2
and Section 3 of this Order, with the exception of the Office           June 27, 2006, as a condition for Commercial Motor Carrier
on Women’s Policy and the Office of Elderly Affairs.                    Safety Assistance Program funding;
                                                                             WHEREAS, transportation performed by state,
        C. The directors and/or executive directors of each
                                                                        federal and local governments is exempt from the new
of the agencies, divisions, and/or programs listed in Section
                                                                        federal hours of service regulations by 49 C.F.R.
2 and Section 3 of this Order shall report directly to the
                                                                        §390.3(f)(2); and
executive director.
        D. The executive director shall prepare, and update                  WHEREAS, application of the new federal hours of
as needed, reports and spreadsheets on all contract, loan               service regulations to the drivers of gas and/or electric utility
                                                                        service vehicles engaged solely in intrastate commerce
and/or grant sources and on all loans, grants, and/or
                                                                        within the state of Louisiana may impair the ability of gas
contracts that are issued and/or awarded by the agencies,
                                                                        and/or electric utilities from expeditiously restoring services
divisions, and/or programs of the Office of the Governor
listed in Section 2 and Section 3 of this Order and/or by any           by prohibiting drivers from working extended hours while
other governmental entity in the executive branch which is              assisting in the restoration of gas and/or electric utility
                                                                        services;
required to report to the governor by the Louisiana
                                                                             NOW THEREFORE, I, BOBBY JINDAL, Governor of
Constitution of 1974, as amended, or by legislative act. The
                                                                        the state of Louisiana, by virtue of the authority vested by
executive director shall submit such reports and updated
                                                                        the Constitution and the laws of the state of Louisiana, do
reports to the governor, the president of the Louisiana
Senate, the speaker of the Louisiana House of                           hereby order and direct as follows:
Representatives, and the commissioner of administration.                     SECTION 1: Notwithstanding any provision of the
                                                                        Louisiana Administrative Code to the contrary, in the event
     SECTION 6: All entities in the executive branch of
                                                                        of and upon a declaration of a state of emergency by the
state government which are required by the Louisiana
                                                                        governor of Louisiana, the amendments to the hours of
Constitution of 1974, as amended, or by legislative act to
                                                                        service regulations promulgated on April 28, 2003, at 68
report to the governor, are required to report all available
grant, loan, and/or contract funding sources to the Office.             F.R. 22456-01 by the U.S. Department of Transportation,
     SECTION 7: Support staff, facilities, and resources                effective June 27, 2003, (hereafter “Federal Hours of Service
                                                                        Regulations”) shall not be applicable to the drivers of gas
for the Office shall be provided by the Office of the
                                                                        and/or electric utility service vehicles as defined in 49
Governor.
                                                                        C.F.R. §395.2, which are engaged solely in intrastate
     SECTION 8: All departments, commissions, boards,
agencies, and officers of the state, or any political                   commerce within the state of Louisiana and operated by gas
subdivision thereof, are authorized and directed (or                    and/or electric utilities regulated by the Louisiana Public
                                                                        Service Commission or the city of New Orleans (hereafter
requested pursuant to Subsection 1B) to cooperate with the
                                                                        “Drivers of Utility Service Vehicles”), while this Order is in
implementation of the provisions in this Order.
                                                                        effect.
     SECTION 9: This Order is effective upon signature
                                                                             SECTION 2: Regulations on hours of service that
and shall remain in effect until amended, modified,
terminated, or rescinded by the governor, or terminated by              were in effect and applicable to Drivers of Utility Service
operation of law.                                                       Vehicles on June 26, 2003, shall apply to Drivers of Utility
                                                                        Service Vehicles while this Order is in effect.
     IN WITNESS WHEREOF, I have set my hand
                                                                             SECTION 3: Any rule and/or regulation promulgated
officially and caused to be affixed the Great Seal of
                                                                        by the Department of Public Safety and Corrections after
Louisiana, at the Capitol, in the city of Baton Rouge, on this
                                                                        this Order is issued, which adopts the Federal Hours of
22nd day of August, 2008.
                            Bobby Jindal                                Service Regulations, shall not be applicable to Drivers of
                            Governor                                    Utility Service Vehicles while this Order is in effect.
                                                                             SECTION 4: If federal law and/or regulations are
ATTEST BY
                                                                        amended to exempt Drivers of Utility Service Vehicles from
THE GOVERNOR
                                                                        the Federal Hours of Service Regulations, the exemption
Jay Dardenne
                                                                        shall be effective immediately in this state for the duration of
Secretary of State
0809#027                                                                the federal exemption.

Louisiana Register Vol. 34, No. 09 September 20, 2008            1786
     SECTION 5:                                                          with state guidelines and procedures, contingent upon the
       A. This Order is effective upon signature and shall               availability of funds, and the approval of the commissioner
remain in effect until amended, modified, terminated or                  of the Division of Administration.
rescinded by the governor, or terminated by operation of law.                 SECTION 4: All departments, commissions, boards,
       B. This Order shall be immediately terminated upon                agencies, and officers of the state, or any political
a finding by or notification from the U.S. Department of                 subdivision thereof, are authorized and directed to cooperate
Transportation that the application of Sections 1 and/or 3 of            with the Office of First Lady in implementing the provisions
this Order will result in the loss of Federal Motor Carrier              of this Order.
Safety Assistance Program funding.                                            SECTION 5: Upon signature of the Governor, the
     IN WITNESS WHEREOF,              I have set my hand                 provisions of this Order shall be made retroactive to January
officially and caused to be affixed the Great Seal of                    14, 2008, and shall remain in effect until amended, modified,
Louisiana, at the Capitol, in the city of Baton Rouge, on this           terminated, or rescinded by the Governor, or until terminated
22nd day of August, 2008.                                                by operation of law.
                                                                              IN WITNESS WHEREOF, I have set my hand
                           Bobby Jindal                                  officially and caused to be affixed the Great Seal of the state
                           Governor                                      of Louisiana, at the Capitol, in the city of Baton Rouge, on
ATTEST BY                                                                this 22nd day of August, 2008.
THE GOVERNOR
Jay Dardenne                                                                                         Bobby Jindal
Secretary of State                                                                                   Governor
0809#028                                                                 ATTEST BY
                                                                         THE GOVERNOR
             EXECUTIVE ORDER BJ 08-36                                    Jay Dardenne
                   Office of the First Lady                              Secretary of State
                                                                         0809#029

     WHEREAS, the First Lady is the official hostess of
                                                                                       EXECUTIVE ORDER BJ 08-37
the state of Louisiana and, as a result, the First Lady holds
both private status and de facto state officer status;                     Inmate Labor for Construction of a Non-Denominational
     WHEREAS, the First Lady of Louisiana, Mrs.                                 Chapel at the Louisiana Correctional Institute
Supriya Jindal, travels throughout Louisiana to promote the                               for Women in St. Gabriel
health and safety of its inhabitants, and other worthy projects
and causes, including those that impact Louisiana’s children;                 WHEREAS, during the 1988 Regular Session of the
     WHEREAS, the First Lady, Mrs. Supriya Jindal,                       Louisiana Legislature, Act No. 933 was enacted relative to
welcomes visiting dignitaries, makes speeches and public                 correctional facilities inmate labor;
service announcements, authors articles pertaining to her                     WHEREAS, Act No. 933, among other things,
projects, holds press conferences and interviews, participates           authorizes the governor to use inmate labor in certain
in charity events, and performs numerous other duties and                projects or maintenance or repair work; and
activities at the Governor’s request; and                                     WHEREAS, The act further provides that the
     WHEREAS, the numerous duties and activities of the                  governor, upon determining that it is appropriate and in
First Lady place significant administrative demands on the               furtherance of the rehabilitation and training of inmates,
office of the First Lady which necessitate that it be given              may, by executive order, authorize the use of inmates of a
formal recognition;                                                      penal or correctional facility owned by the state of Louisiana
     NOW THEREFORE I, BOBBY JINDAL, Governor of                          for necessary labor in connection with a particular project;
the State of Louisiana, by virtue of the authority vested by                  NOW THEREFORE, I, BOBBY JINDAL, Governor of
the Constitution and laws of the State of Louisiana, do                  the state of Louisiana, by virtue of the authority vested by
hereby order and direct as follows:                                      the Constitution and the laws of the state of Louisiana, do
     SECTION 1: The Office of the First Lady is created                  hereby order and direct as follows:
and established within the Executive Department, Office of                    SECTION 1: In furtherance of the goals of the state
the Governor. The First Lady shall be an ambassador and a                of Louisiana of rehabilitating inmates, reducing recidivism,
spokesperson for the state of Louisiana, and shall perform               and reintegrating inmates into society, inmate labor is hereby
other official duties.                                                   authorized to complete construction of a non-denominational
     SECTION 2: Support staff, office facilities, and                    chapel at Louisiana Correctional Institute for Women, St.
reasonable operating expenses shall be provided to the                   Gabriel, Louisiana; and
Office of the First Lady by the Executive Department,                         SECTION 2: This Order is effective upon signature
Office of the Governor.                                                  and shall continue in effect until amended, modified,
     SECTION 3: The First Lady shall not receive                         terminated, or rescinded by the governor, or terminated by
compensation or a per diem. Nonetheless, she may receive                 operation of law.
reimbursement for actual travel expenses incurred in the
representation of the Office of the First Lady, in accordance




                                                                  1787              Louisiana Register Vol. 34, No. 09 September 20, 2008
     IN WITNESS WHEREOF, I have set my hand                                            EXECUTIVE ORDER BJ 08-39
officially and caused to be affixed the Great Seal of
                                                                               Inmate Labor for Construction of Animal Shelter
Louisiana, at the Capitol, in the city of Baton Rouge, on this
                                                                                        Dixon Correctional Institute
22nd day of August, 2008.
                                                                              WHEREAS, R.S. 15:832.1(A)(1) provides that the
                           Bobby Jindal
                                                                         governor, upon determining that it is appropriate and in
                           Governor
                                                                         furtherance of the rehabilitation and training of inmates,
ATTEST BY
                                                                         may, by executive order, authorize the use of inmates of a
THE GOVERNOR
Jay Dardenne                                                             penal or correctional facility owned by the state of Louisiana
Secretary of State                                                       for necessary labor in connection with a particular capital
0809#030                                                                 construction project on the grounds of the facility;
                                                                              WHEREAS, the Department of Public Safety and
             EXECUTIVE ORDER BJ 08-38                                    Corrections, Corrections Services, seeks to utilize inmate
                                                                         labor to assist in the construction of a permanent animal
   Inmate Labor for Construction of Non-Denominational                   holding facility and an emergency animal shelter on the
     Chapels at B.B. “Sixty” Rayburn and Forcht-Wade                     grounds of Dixon Correctional Institute in Jackson,
                   Correctional Centers                                  Louisiana; and
                                                                              WHEREAS, the Department of Public Safety and
     WHEREAS, R.S. 15:832.1, as enacted in Act No.                       Corrections has advised that the estimated cost of
933 of the 1988 Regular Session of the Louisiana                         construction is below the maximum specified in R.S.
Legislature, provides that the governor, upon determining                15:832.1(A)(1).
that it is appropriate and in furtherance of the rehabilitation               NOW THEREFORE, I, BOBBY JINDAL, Governor of
and training of inmates, may, by executive order, authorize              the state of Louisiana, by virtue of the authority vested by
the use of inmates of a penal or correctional facility owned             the Constitution and the laws of the state of Louisiana, do
by the state of Louisiana for necessary labor in connection              hereby order and direct as follows:
with a particular capital construction project on the grounds                 SECTION 1: In furtherance of the goals of the state
of the facility; and                                                     of Louisiana of rehabilitating inmates, reducing recidivism,
     WHEREAS, the Department of Public Safety and                        and reintegrating inmates into society, inmate labor is hereby
Corrections, Corrections Services, seeks to utilize inmate               authorized to complete construction of a permanent animal
labor to assist in the construction of non-denominational                holding facility and an emergency animal shelter on the
chapels to help enhance the rehabilitation and training of               grounds of Dixon Correctional Institute in Jackson,
incarcerated inmates through the Department’s faith-based                Louisiana.
initiatives;                                                                  SECTION 2: This Order is effective upon signature
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                         and shall continue in effect until amended, modified,
the state of Louisiana, by virtue of the authority vested by             terminated, or rescinded by the governor, or terminated by
the Constitution and the laws of the state of Louisiana, do              operation of law.
hereby order and direct as follows:                                           IN WITNESS WHEREOF, I have set my hand
     SECTION 1: In furtherance of the goals of the state                 officially and caused to be affixed the Great Seal of
of Louisiana of rehabilitating inmates, reducing recidivism,             Louisiana, at the Capitol, in the city of Baton Rouge, on this
and reintegrating inmates into society, inmate labor is hereby           22nd day of August, 2008.
authorized to complete construction of non-denominational
chapels at B.B. “Sixty” Rayburn Correctional Center in                                              Bobby Jindal
Angie, Louisiana and the Forcht-Wade Correctional Center                                            Governor
in Keithville, Louisiana.                                                ATTEST BY
     SECTION 2: This Order is effective upon signature                   THE GOVERNOR
and shall continue in effect until amended, modified,                    Jay Dardenne
terminated, or rescinded by the governor, or terminated by               Secretary of State
operation of law.                                                        0809#032
     IN WITNESS WHEREOF, I have set my hand
officially and caused to be affixed the Great Seal of                                  EXECUTIVE ORDER BJ 08-40
Louisiana, at the Capitol, in the city of Baton Rouge, on this
                                                                                     Continuation of the National Incident
22nd day of August, 2008.
                                                                                    Management System (NIMS) Designation
                           Bobby Jindal
                                                                              WHEREAS, it is necessary and desirable that all
                           Governor
ATTEST BY                                                                federal, state, local, and tribal emergency agencies and
THE GOVERNOR                                                             personnel coordinate their efforts to effectively and
                                                                         efficiently provide the highest levels of incident
Jay Dardenne
                                                                         management;
Secretary of State
0809#031




Louisiana Register Vol. 34, No. 09 September 20, 2008             1788
     WHEREAS, the President in Homeland Security                              SECTION 4: All departments, commissions, boards,
Directive (HSPD)-5, directed the secretary of the                        offices, entities, agencies, and officers of the state of
Department of Homeland Security to develop and administer                Louisiana, or any political subdivision thereof, are
a National Incident Management System (hereafter                         authorized and directed to cooperate with the
“NIMS”), which would provide a consistent nationwide                     implementation of the provisions of this Order.
approach for federal, state, local and tribal governments to                  SECTION 5: This Order is effective upon signature
work together more effectively and efficiently to prevent,               and shall continue in effect until amended, modified,
prepare for, respond to and recover from domestic incidents,             terminated, or rescinded by the governor, or terminated by
regardless of cause, size or complexity;                                 operation of law.
     WHEREAS, the collective input and guidance from                          IN WITNESS WHEREOF, I have set my hand
all federal, state, local and tribal homeland security partners          officially and caused to be affixed the Great Seal of
has been, and will continue to be, vital to the development,             Louisiana, at the Capitol, in the city of Baton Rouge, on this
effective implementation and utilization of a comprehensive              22nd day of August, 2008.
NIMS;
     WHEREAS, to facilitate the most efficient and                                                   Bobby Jindal
effective incident management, it is critical that federal,                                          Governor
state, local and tribal organizations utilize standardized               ATTEST BY
terminology, standardized organizational structures,                     THE GOVERNOR
interoperable communications, consolidated action plans,                 Jay Dardenne
unified command structures, uniform personnel qualification              Secretary of State
standards, uniform standards for planning, training and                  0809#033
exercising, comprehensive resource management, and
designated incident facilities during emergencies or                                   EXECUTIVE ORDER BJ 08-41
disasters;                                                                                    Solutions to Poverty
     WHEREAS, the NIMS standardized procedures for
managing personnel, communication, facilities and resources                   WHEREAS, the United States Census Bureau’s 2006
will improve the state’s ability to utilize federal funding to           American Community Survey identifies Louisiana’s poverty
enhance local and state agency readiness, maintain first                 rate as the second-highest among U.S. states;
responder safety, and streamline incident management                          WHEREAS, real economic costs resulting from a
process;                                                                 high rate of poverty are borne by Louisiana’s overall
     WHEREAS, the             Incident   Command        System           population, and negatively affect the state’s educational,
components of NIMS are already an integral part of various               workforce, and economic development potential;
incident management activities throughout the state,                          WHEREAS, the first Solutions to Poverty Summit
including current emergency management training                          was held on December 6 and 7, 2004, in Monroe, Louisiana;
programs;                                                                     WHEREAS, since that time, locally-led Solutions to
     WHEREAS, the National Commission on Terrorist                       Poverty coalitions have convened in communities across the
Attacks (9-11 Commission) has also recommended adoption                  state in order to identify both needs and locally-available
of a standardized incident command system; and                           resources for addressing poverty;
     WHEREAS, the best interests of the citizens of the                       WHEREAS, the most effective strategies for
state of Louisiana are served by the adoption of the                     reducing poverty are those that help individuals and families
standardized incident command system to facilitate the most              move from poverty to self-sufficiency through effective
efficient and effective incident management;                             educational and workforce supports; and
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                              WHEREAS, the Louisiana Department of Social
the state of Louisiana, by virtue of the authority vested by             Services works in close collaboration with other state
the Constitution and the laws of the state of Louisiana, do              government agencies and local partners to implement such
hereby order and direct as follows:                                      strategies;
     SECTION 1: The National Incident Management                              NOW THEREFORE I, BOBBY JINDAL, Governor of
System (NIMS) was earlier established within the                         the state of Louisiana, by virtue of the authority vested by
Governor’s Office of Homeland Security and Emergency                     the Constitution and laws of the state of Louisiana, do
Preparedness (GOHSEP) as the standard for incident                       hereby order and direct as follows:
management pursuant to earlier Executive Order No. KBB                        SECTION 1: Solutions to Poverty shall represent a
2005-61.                                                                 continuing collaborative effort between state government
     SECTION 2: As previously mandated by Homeland                       agencies,     community-level     stakeholders,    non-profit
Security Presidential Directive HSPD-5, commencing in                    organizations, faithbased organizations, and private industry
Fiscal Year 2005, adoption of NIMS continues to be a                     to identify and implement effective, efficient strategies for
requirement for both GOHSEP and sub-grantees receiving                   addressing poverty.
federal funds from the Federal Emergency Management                           SECTION 2: Solutions to Poverty shall incorporate
Agency.                                                                  programs and initiatives shown by evidence to advance
     SECTION 3: Accordingly, NIMS shall continue to be                   individual and family financial self-sufficiency, and reduce
the standard of incident management for the state of                     dependence on public benefits.
Louisiana.


                                                                  1789              Louisiana Register Vol. 34, No. 09 September 20, 2008
     SECTION 3: Outcomes of all Solutions to Poverty                         SECTION 1: The Maritime Advisory Task Force
initiatives shall be measured and documented. Outcomes                  (hereafter “Task Force”) is reestablished within the
shall be reported to the executive department, Office of the            executive department, Office of the Governor.
Governor, and the state legislature as requested.                            SECTION 2: The duties of the Task Force shall
     SECTION 4: The Child Poverty Prevention Council,                   include, but are not limited to, the following:
created by Act 559 of the 2008 Regular Session of the State                    A. Recommending legislation that is designed to
Legislature, shall utilize, through the Department of Social            enhance and protect the economic viability of Louisiana’s
Services’ Community Mobilization staff, locally-led                     maritime industry;
Solutions to Poverty coalitions in implementing the strategy                   B. Recommending economic development programs
which the Council is required to develop for reducing the               which are designed to foster and promote growth in
rate of child poverty in Louisiana by 50% over ten years.               Louisiana’s maritime industry;
     SECTION 5: All departments, commissions, boards,                          C. Suggesting a means to enhance the
agencies, and officers of the state, or any political                   competitiveness of Louisiana’s maritime industry in national
subdivision thereof, are authorized and directed (or                    and international markets;
requested pursuant to Subsection 1B) to cooperate with the                     D. Evaluating maritime industry safety concerns and
implementation of the provisions in this Order.                         recommending safety measures that would benefit both the
     SECTION 6: This Order is effective upon signature                  general population and Louisiana’s maritime industry; and
and shall remain in effect until amended, modified,                            E. Developing a “Five Year Ports Plan for economic
terminated, or rescinded by the governor, or terminated by              development within the state of Louisiana” by September 1,
operation of law.                                                       2009.
     IN WITNESS WHEREOF, I have set my hand                                  SECTION 3: By December 1, 2008, the Task Force
officially and caused to be affixed the Great Seal of                   shall submit a written comprehensive report to the governor
Louisiana, at the Capitol, in the city of Baton Rouge, on this          on the issues set forth in Section 2 of this Order. Annually
22nd day of August, 2008.                                               thereafter, the Task Force shall submit an updated report to
                                                                        the governor.
                           Bobby Jindal                                      SECTION 4:
                           Governor                                            A. The Task Force shall be composed of five (5) ex-
ATTEST BY                                                               officio members, selected as follows:
THE GOVERNOR                                                                     1. The governor, or the governor’s designee;
Jay Dardenne                                                                     2. The secretary of the Department of Economic
Secretary of State                                                      Development, or the secretary’s designee;
0809#034                                                                         3. The chair of the House Committee on
                                                                        Transportation, Highways, and Public Works, or the chair’s
             EXECUTIVE ORDER BJ 08-42                                   designee;
               Maritime Advisory Task Force                                      4. The chair of the Senate Committee on
                                                                        Transportation, Highways, and Public Works, or the chair’s
     WHEREAS, the state of Louisiana is our nation’s                    designee; and
leading marine transportation state;                                             5. The secretary of the Department of
     WHEREAS, the maritime industry is a major                          Transportation and Development, or the secretary’s
contributor to Louisiana’s present economic well-being and              designee;
to its future economic outlook as 95,000 jobs are directly or                  B. The Task Force shall also be composed of twelve
indirectly dependent on the industry;                                   (12) members who shall be appointed by and serve at the
     WHEREAS, forty-four (44) of the sixty-four (64)                    pleasure of the governor, selected as follows:
parishes in the state of Louisiana border on navigable                           1. One (1) representative of the shallow draft
waterways;                                                              maritime industry;
     WHEREAS, the state of Louisiana intends to                                  2. One (1) representative of the deep draft
increase its competitiveness in global markets through the              maritime industry;
ever evolving maritime industry;                                                 3. One (1) representative of the shipyard industry;
     WHEREAS, the interests of the citizens of the state                         4. One (1) representative of the ports on the
of Louisiana would best be served by the continuation of the            Mississippi River;
Maritime Advisory Task Force, composed of maritime                               5. One (1) representative of the ports on the
industry representatives, to recommend methods of                       Calcasieu River;
promoting and protecting Louisiana’s maritime industry and                       6. One (1) representative of the ports on the
increasing the state’s competitiveness in global maritime               Gulf/Intracoastal Canal;
markets;                                                                         7. One (1) representative of the ports on the Red
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                        River;
the state of Louisiana, by virtue of the authority vested by                     8. One (1) ship pilot commissioned by the state of
the Constitution and the laws of the state of Louisiana, do             Louisiana;
hereby order and direct as follows:                                              9. One (1) representative of passenger vessels;




Louisiana Register Vol. 34, No. 09 September 20, 2008            1790
         10. One (1) representative of the offshore supply                      WHEREAS, over thirty-six percent (36%) of the
industry;                                                                  population of the state of Louisiana resides in the vicinity of
         11. One (1) representative of the fleeting industry;              U.S. 90 between Interstate 10 (hereafter “I-10”) in Lafayette
and                                                                        and the Westbank Expressway in New Orleans; as a
         12. One (1) representative of the United States                   consequence, the four-laned highway is the primary
Coast Guard who shall serve in a non-voting advisory liaison               hurricane evacuation route for South Louisiana;
capacity.                                                                       WHEREAS, it is a priority for the state of Louisiana
     SECTION 5: The chair of the Task Force shall be                       to prepare for the twenty-first century by promoting
appointed by the governor from the membership of the Task                  economic growth and development through the provision of
Force. All other officers, if any, shall be elected by the Task            a transportation system adequate to support new economic
Force from its membership.                                                 activity with its increase in traffic volume, encourage
     SECTION 6: The Task Force shall meet biannually                       international and domestic commerce, promote tourism, and
and at the call of the chair.                                              improve public safety; and
     SECTION 7: Support staff, facilities, and resources                        WHEREAS, the interests of the citizens of the state
for the Task Force and facilities for its meetings shall be                of Louisiana would be best served by the continuation of the
provided by the Department of Economic Development.                        Interstate 49 South Feasibility and Funding Task Force,
     SECTION 8:                                                            formerly known as the “Interstate 49 South Project Task
       A. Task Force members shall not receive additional                  Force”, in order to complete its analysis of upgrading U.S.
compensation or a per diem from the Office of the Governor                 90 into an interstate and evaluating the impact it would have
for serving on the Task Force.                                             on the general populace of the state, particularly those living
       B. Task Force members who are employees or                          in South Louisiana;
elected public officials of the state of Louisiana or a political               NOW THEREFORE, I, BOBBY JINDAL, Governor of
subdivision thereof may seek reimbursement of travel                       the state of Louisiana, by virtue of the authority vested by
expenses, in accordance with PPM 49, from their employing                  the Constitution and the laws of the state of Louisiana, do
and/or elected department, agency and/or office.                           hereby order and direct as follows:
       C. Task Force members who are also members of                            SECTION 1: The Interstate 49 South Feasibility and
the Louisiana Legislature may seek a per diem from the                     Funding Task Force (hereafter “Task Force”) is
Louisiana State Senate or House of Representatives, as                     reestablished within the Executive Department, Office of the
appropriate, for their attendance.                                         Governor.
     SECTION 9: All departments, commissions, boards,                           SECTION 2: The duties and functions of the Task
offices, entities, agencies, and officers of the state of                  Force shall include, but are not limited to, the following:
Louisiana, or any political subdivision thereof, are                              A. Identify funding sources and /or innovative
authorized and directed to cooperate with the Task Force in                financing alternatives to fully fund the proposed project to
implementing the provisions of this Order.                                 extend Interstate 49 south from the city of Lafayette to the
     SECTION 10: This Order is effective upon signature                    city of New Orleans (hereafter “I-49 South Extension
and shall continue in effect until amended, modified,                      Project”), from the beginning of the project through its
terminated, or rescinded by the governor, or terminated by                 completion; and
operation of law.                                                                 B. Documenting the level of support for the I-49
     IN WITNESS WHEREOF, I have set my hand                                South Project by 1) the citizens of the state of Louisiana
officially and caused to be affixed the Great Seal of                      living in the various geographical sections of the state of
Louisiana, at the Capitol, in the city of Baton Rouge, on this             Louisiana, 2) the Metropolitan Planning Organizations in the
22nd day of August, 2008.                                                  areas surrounding U.S. 90 between I-10 in Lafayette and the
                                                                           Westbank Expressway in New Orleans, and 3) the members
                            Bobby Jindal                                   of the Louisiana Legislature.
                            Governor                                            SECTION 3:
ATTEST BY                                                                         A. By March 1, 2009, the Task Force shall submit a
THE GOVERNOR                                                               comprehensive report on the issues set forth in Section 2 of
Jay Dardenne                                                               this Order to the governor, the House Committee on
Secretary of State                                                         Transportation, Highways, and Public Works, and the Senate
0809#035                                                                   Committee on Transportation, Highways, and Public Works.
                                                                                  B. The Task Force shall also submit documentation
              EXECUTIVE ORDER BJ 08-43                                     to the governor by March 1, 2010, suitable for submission to
   Interstate 49 South Feasibility and Funding Task Force                  the members of the state of Louisiana’s United States
                                                                           Congressional Delegation, supporting the reasons for
     WHEREAS, U.S. Highway 90 (hereafter “U.S. 90”)                        extending Interstate 49 south from Lafayette to New
is one of the state of Louisiana’s major links to the Gulf of              Orleans.
Mexico, and a main corridor for access to oil and gas                           SECTION 4: The Task Force shall meet at regularly
operations in the central gulf’s outer continental shelf, petro-           scheduled intervals and at the call of the chair.
chemical industries along the Mississippi River, and                            SECTION 5: The Task Force shall be composed of a
waterborne freight en route to the central United States;                  maximum of twenty-three (23) members who, unless
                                                                           otherwise specified, shall be appointed by, and serve at the


                                                                    1791             Louisiana Register Vol. 34, No. 09 September 20, 2008
pleasure of the governor. The membership of the Task Force                 Louisiana, at the Capitol, in the city of Baton Rouge, on this
shall be selected as follows:                                              22nd day of August, 2008.
       A. The governor, or the governor’s designee;
       B. The secretary of the Department of                                                          Bobby Jindal
Transportation and Development, or the secretary’s                                                    Governor
designee;                                                                  ATTEST BY
       C. The chair of the House Committee on                              THE GOVERNOR
Transportation, Highways, and Public Works, or the chair’s                 Jay Dardenne
designee;                                                                  Secretary of State
       D. The chair of the Senate Committee on                             0809#036
Transportation, Highways, and Public Works, or the chair’s
designee;                                                                                EXECUTIVE ORDER BJ 08-44
       E. The Federal Highway Administrator for the state                             Interstate 49 North Extension Feasibility
of Louisiana, or the Federal Highway Administrator’s                                           and Funding Task Force
designee;
       F. Representatives from communities located along                        WHEREAS, due to Interstate 49 not extending north
the span of U.S. 90 between the Westbank Expressway in                     beyond the city of Shreveport, businesses and industries of
New Orleans and I-10 in Lafayette;                                         the state of Louisiana are not directly linked by an interstate
       G. Representatives of businesses in South                           highway to our neighboring state of Arkansas and consumer
Louisiana;                                                                 markets in the mid-west;
       H. Representatives of the Lafayette, Houma, and                          WHEREAS, the state of Louisiana’s goals and
New Orleans Metropolitan Planning Organizations;                           objectives for economic development are inextricably
       I. A representative of the farming community, who                   intertwined with those for improving the infrastructure of the
resides in Louisiana, whose principal business is farming;                 state’s highways and roadways; and
and                                                                             WHEREAS, the interests of the citizens of the state
       J. Two (2) at-large members.                                        of Louisiana would be best served by the continuation of the
     SECTION 6: The chair of the Task Force shall be                       Interstate 49 North Extension Feasibility and Funding Task
appointed by the governor from the membership of the Task                  Force in order to complete its analysis of securing funding
Force. All other officers, if any, shall be elected by the                 sources for extending Interstate 49 north to the Louisiana-
members of the Task Force from its membership.                             Arkansas border, analyzing the benefits of such an extension
     SECTION 7:                                                            project, and evaluating the impact that such an extension
       A. Task Force members shall not receive additional                  would have on the citizens of the state of Louisiana,
compensation or a per diem from the Office of the Governor                 especially those who live and/or work in the northwest
for serving on the Task Force.                                             region of the state of Louisiana;
       B. Task Force members who are employees or                               NOW THEREFORE, I, BOBBY JINDAL, Governor of
elected public officials of the state of Louisiana or a political          the state of Louisiana, by virtue of the authority vested by
subdivision thereof may seek reimbursement of travel                       the Constitution and the laws of the state of Louisiana, do
expenses, in accordance with PPM 49, from their employing                  hereby order and direct as follows:
and/or elected department, agency and/or office.                                SECTION 1: The Interstate 49 North Extension
       C. Task Force members who are also members of                       Feasibility and Funding Task Force (hereafter "Task Force")
the Louisiana Legislature may seek a per diem from the                     is reestablished within the executive department, Office of
Louisiana State Senate or House of Representatives, as                     the Governor.
appropriate, for their attendance.                                              SECTION 2: The duties and functions of the Task
     SECTION 8: Support staff, facilities, and resources                   Force shall include, but are not limited to, the following:
for the Task Force shall be provided by the Department of                          A. Identify funding sources and/or innovative
Transportation and Development.                                            financing alternatives to fully fund the proposed project to
     SECTION 9: All departments, commissions, boards,                      extend Interstate 49 north from the city of Shreveport to the
offices, entities, agencies, and officers of the state of                  Louisiana-Arkansas border (hereafter “I-49 Extension
Louisiana, or any political subdivision thereof, are                       Project”), from the beginning of the project through its
authorized and directed to cooperate with the Task Force in                completion; and
implementing the provisions of this Order.                                         B. Documenting and evaluating the level of support
     SECTION 10: This Order is effective upon signature                    for the I-49 Extension Project from a) the citizens of the
and shall continue in effect until amended, modified,                      state of Louisiana living in the various geographical regions
terminated, or rescinded by the governor, or terminated by                 of the state, b) the chambers of commerce of the
operation of law.                                                          communities located in the northwest region of the state of
     IN WITNESS WHEREOF, I have set my hand                                Louisiana, and c) the members of the Louisiana Legislature
officially and caused to be affixed the Great Seal of                      and Louisiana’s United States Congressional Delegation.




Louisiana Register Vol. 34, No. 09 September 20, 2008               1792
     SECTION 3:                                                           49, from their employing department, agency and/or office
       A. By March 1, 2009, the Task Force shall submit a                 or elected office.
comprehensive report on the issues set forth in Section 2 of                     C. Task Force members who are also a member of
this Order to the governor, the House Committee on                        the Louisiana Legislature may seek a per diem from the
Transportation, Highways, and Public Works, and the Senate                Louisiana State Senate or House of Representatives, as
Committee on Transportation, Highways, and Public Works.                  appropriate, for their attendance at Task Force meetings
       B. The Task Force shall also submit documentation                  and/or services on the Task Force.
to the governor by March 1, 2010, suitable for submission to                   SECTION 8: Support staff, facilities, and resources
the members of the state of Louisiana’s United States                     for the Task Force shall be provided by the Department of
Congressional Delegation, supporting the reasons for                      Transportation and Development.
extending Interstate 49 north to the Louisiana-Arkansas                        SECTION 9: All departments, commissions, boards,
border.                                                                   offices, entities, agencies, and officers of the state of
     SECTION 4: The Task Force shall be composed of a                     Louisiana, or any political subdivision thereof, are
maximum of twenty-three (23) members who, unless                          authorized and directed to cooperate with the Task Force in
specified, shall be appointed by and serve at the pleasure of             implementing the provisions of this Order.
the governor, and selected as follows:                                         SECTION 10: This Order is effective upon signature
       A. The governor, or the governor’s designee;                       and shall continue in effect until amended, modified,
       B. The secretary of the Department of                              terminated, or rescinded by the governor, or terminated by
Transportation and Development, or the secretary’s                        operation of law.
designee;                                                                      IN WITNESS WHEREOF, I have set my hand
       C. The commissioner of administration, or the                      officially and caused to be affixed the Great Seal of
commissioner’s designee;                                                  Louisiana, at the Capitol, in the city of Baton Rouge, on this
       D. The chair of the House Committee on                             22nd day of August, 2008.
Transportation, Highways, and Public Works, or the chair’s
designee;                                                                                             Bobby Jindal
       E. The chair of the Senate Committee on                                                        Governor
Transportation, Highways, and Public Works, or the chair’s                ATTEST BY
designee;                                                                 THE GOVERNOR
       F. The chair of the Senate Committee on                            Jay Dardenne
Commerce, or the chair’s designee;                                        Secretary of State
       G. The chair of the House Committee on                             0809#037
Commerce, or the chair’s designee;
       H. The Federal Highway Administrator for the state                               EXECUTIVE ORDER BJ 08-45
of Louisiana, or the Federal Highway Administrator’s                                   Establishment of Unified Command
designee;                                                                                  Group and Subcommittees
       I. A member of the Louisiana State Senate, elected
from the northwest region of the state of Louisiana,                           WHEREAS, Louisiana Revised Statute 29:725.6
designated by the president of the Senate;                                (Act No. 797 of the 2008 Regular Session) dictates that the
       J. A member of the House of Representatives,                       Unified Command Group (UCG) shall be established and
elected from the northwest region of the state of Louisiana,              composed of members established by Executive Order;
designated by the speaker of the House of Representative;                      WHEREAS, the statute further requires that three (3)
       K. Citizens of the state of Louisiana who reside in a              permanent subcommittees be established by the UCG,
community in the northwest region of the state of Louisiana;              namely:
and                                                                              1. An Interoperability Subcommittee;
       L. Representatives of businesses and/or industries                        2. A First Responders Subcommittee; and
that are located in the northwest region of the state of                         3. A Regional Parish OEP Parish Directors
Louisiana.                                                                Subcommittee.
     SECTION 5: The chair of the Task Force shall be                           NOW THEREFORE, I, BOBBY JINDAL, Governor of
appointed by the governor from the membership of the Task                 the state of Louisiana, by virtue of the authority vested by
Force. All other officers, if any, shall be elected by the                the Constitution and the laws of the state of Louisiana, do
members of the Task Force from its membership.                            hereby order and direct as follows:
     SECTION 6: The Task Force shall meet at regularly                         SECTION 1: The Unified Command Group (UCG) is
scheduled intervals and at the call of the chair.                         hereby established by this Executive Order and shall be
     SECTION 7:                                                           composed of fifteen (15) members:
       A. Task Force members shall not receive additional                        A. The secretary of the Department of
compensation or a per diem from the Office of the Governor                Transportation and Development, or the secretary’s
or the Department of Transportation and Development for                   designee;
serving on the Task Force.                                                       B. The superintendent of State Police, or the
       B. Task Force members who are an employee or an                    superintendent’s designee;
elected public official of the state of Louisiana or a political                 C. The adjutant general, or the general’s designee;
subdivision of the state of Louisiana may seek                                   D. The commissioner of the Department of
reimbursement of travel expenses, in accordance with PPM                  Agriculture & Forestry, or the commissioner’s designee;
                                                                   1793              Louisiana Register Vol. 34, No. 09 September 20, 2008
        E. The secretary of the Department of Social                    effectiveness of our drug and violent crime control efforts
Services, or the secretary’s designee;                                  through such programs as the Violent Crime Control and
        F. The secretary of the Department of Public Safety,            Law Enforcement Act of 1994, 42 U.S.C.A.§13701 et seq.,
or the secretary’s designee;                                            and the Drug Control and System Improvement Grant
        G. The commissioner of the Division of                          Program, 42 U.S.C.A. §3751 et seq.; and
Administration, or the commissioner’s designee;                              WHEREAS, the interests of the citizens of the state
        H. The secretary of the Department of Health and                of Louisiana would be best served through the utilization of
Hospitals, or the secretary’s designee;                                 a single coordinating board to administer these federal
        I. The secretary of the Department of Wildlife and              assistance programs in order to function as a communication
Fisheries, or the secretary’s designee;                                 forum and to facilitate the coordination of drug abuse and
        J. The secretary of the Department of                           violent crime projects within the state;
Environmental Quality, or the secretary’s designee;                          NOW THEREFORE, I, BOBBY JINDAL, Governor of
        K. The secretary of the Department of Natural                   the state of Louisiana, by virtue of the authority vested by
Resources, or the secretary’s designee;                                 the Constitution and the laws of the state of Louisiana, do
        L. The attorney general, or the general’s designee;             hereby order and direct as follows:
        M. The secretary of the Louisiana Workforce                          SECTION 1: The Louisiana Drug Control and
Commission, or the secretary’s designee;                                Violent Crime Policy Board (hereafter “Board”) is
        N. The executive secretary of the Public Service                reestablished within the executive department, Office of the
Commission, or the secretary’s designee; and                            Governor.
        O. The coordinator of the Governor’s Office of Oil                   SECTION 2: The duties of the Board shall include,
Spill, or the coordinator’s designee.                                   but are not limited to, the following:
     SECTION 2: There shall be three (3) permanent                              A. Serve as an advisory body to the Louisiana
subcommittees of the UCG as required by R.S. 29:725.6,                  Commission on Law Enforcement and Administration of
namely:                                                                 Criminal Justice;
        A. The Interoperability Subcommittee;                                   B. Develop a statewide drug control and violent
        B. The First Responders Subcommittee; and                       crime strategy encompassing all components of the criminal
        C. The Regional Parish OEP Parish Directors                     justice system; and
Subcommittee, whose members shall consist of those agency                       C. Perform any duties and functions requested by
and department heads enumerated in R.S. 29:725.6.                       the governor and/or the Louisiana Commission on Law
     SECTION 3: Additionally, UCG may establish such                    Enforcement and Administration of Criminal Justice.
other subcommittees as it deems advisable and feasible                       SECTION 3: The Board shall be composed of a
under the authority granted in R.S. 29:725.6.                           maximum of eighteen (18) members who unless otherwise
     SECTION 4: All departments, commissions, boards,                   specified, shall be appointed by and serve at the pleasure of
offices, entities, agencies, and officers of the state of               the governor. The membership of the Board shall be as
Louisiana, or any political subdivision thereof, are                    follows:
authorized and directed to cooperate with the Council in                        A. The superintendent of the Department of Public
implementing the provision of this Order.                               Safety, or the superintendent’s designee;
     SECTION 5: This Order is effective upon signature                          B. Three (3) district attorneys, one each from the
and shall continue in effect until amended, modified,                   eastern, the western, and the middle areas of the state;
terminated, or rescinded by the governor, or terminated by                      C. The executive director of the Louisiana District
operation of law.                                                       Attorneys Association, or the executive director’s designee;
     IN WITNESS WHEREOF, I have set my hand                                     D. Three (3) sheriffs, one each from the eastern, the
officially and caused to be affixed the Great Seal of                   western, and the middle areas of the state;
Louisiana, at the Capitol, in the city of Baton Rouge, on this                  E. The executive director of the Louisiana Sheriffs’
22nd day of August, 2008.                                               Association, or the executive director’s designee;
                                                                                F. Three (3) chiefs of police, one each from the
                           Bobby Jindal                                 eastern, the western, and the middle areas of the state;
                           Governor                                             G. One (1) marshal or constable selected from either
ATTEST BY                                                               the eastern, the western, or the middle areas of the state; and
THE GOVERNOR                                                                    H. Five (5) at-large members who are private
Jay Dardenne                                                            citizens and/or former members of the state judiciary and
Secretary of State                                                      who are active in community drug control and prevention.
0809#038                                                                     SECTION 4: The chair of the Board shall be
                                                                        appointed by the governor from the membership of the
             EXECUTIVE ORDER BJ 08-46                                   Board. All other officers, if any, shall be elected from the
       Drug Control and Violent Crime Policy Board                      membership of the Board.
                                                                             SECTION 5: The Board shall meet at regularly
     WHEREAS, incidents of violent crimes and drug                      scheduled intervals and at the call of the chair.
abuse are problematic for the state of Louisiana;                            SECTION 6:
     WHEREAS, the federal government provides                                   A. Board members shall not receive additional
financial assistance to the state to improve the operational            compensation or a per diem from the Office of the Governor
                                                                        for serving on the Board.

Louisiana Register Vol. 34, No. 09 September 20, 2008            1794
       B. Board members who are employees or elected                          WHEREAS, pursuant to the authorization of both the
public officials of the state of Louisiana or a political               Act and Act No. 51 of 1986, the governor hereby elects to
subdivision thereof may seek reimbursement of travel                    (a) provide for the manner in which the ceiling shall be
expenses, in accordance with PPM 49, from their employing               determined, (b) establish the method to be used in allocating
and/or elected department, agency and/or office.                        the ceiling, (c) establish the application procedure for
       C. Board members who are also members of the                     obtaining an allocation of Bonds subject to such ceiling, and
Louisiana Legislature may seek a per diem from the                      (d) establish a system of record keeping for such allocations;
Louisiana State Senate or House of Representatives, as                  and
appropriate, for their attendance.                                            WHEREAS, it is necessary to renew Executive Order
     SECTION 7: Support staff, facilities, and resources                KBB 2005-12, issued on April 7, 2005, in order to provide
for the Board shall be provided by the Office of the                    for procedures for bond allocations;
Governor.                                                                     NOW THEREFORE, I, BOBBY JINDAL, Governor of
     SECTION 8: All departments, commissions, boards,                   the state of Louisiana, by virtue of the authority vested by
offices, entities, agencies, and officers of the state of               the Constitution and the laws of the state of Louisiana, do
Louisiana, or any political subdivision thereof, are                    hereby order and direct as follows:
authorized and directed to cooperate with the Board in                        SECTION 1: DEFINITIONS
implementing the provisions of this Order.                                      A. Each abbreviation provided in the preamble of
     SECTION 9: This Order is effective upon signature                  this Order, supra, shall have the same meaning throughout
and shall continue in effect until amended, modified,                   all the sections, subsections, and paragraphs of this Order.
terminated, or rescinded by the governor, or terminated by                      B. The following definitions shall apply:
operation of law.                                                                 1. “Economic Development Bonds” means all
     IN WITNESS WHEREOF, I have set my hand                             types of Bonds subject to the ceiling other than Industrial
officially and caused to be affixed the Great Seal of                   Bonds, Housing Bonds, and Student Loan Bonds;
Louisiana, at the Capitol, in the city of Baton Rouge, on this                    2. “Housing Bonds” means Bonds subject to the
22nd day of August, 2008.                                               ceiling and issued to provide housing described under
                                                                        Section 142(d) of the Code (“Qualified Residential Rental
                                                                        Project Bonds”), or issued to provide housing under Section
                           Bobby Jindal                                 143 of the Code (“Qualified Mortgage Bonds”);
                           Governor                                               3. “Industrial Bonds” means Bonds for
ATTEST BY                                                               manufacturers, as defined by North American Industry
THE GOVERNOR                                                            Classification System (NAICS) codes 113310, 211, 213111,
Jay Dardenne                                                            541360, 311-339, 511-512 and 54171, or facilities financed
Secretary of State                                                      as part of the Department of Health and Hospitals’ Drinking
0809#039                                                                Water Revolving Loan Fund, which Bonds subject to the
             EXECUTIVE ORDER BJ 08-47                                   ceiling are (1) designated as “exempt facility Bonds” in
                Bond Allocation Procedures                              Section 142(a) of the Code (other than Housing Bonds), or
                                                                        (2) issued for facilities to treat, abate, reduce, or eliminate air
     WHEREAS, Section 146 of the Internal Revenue                       or water pollution pursuant to the transition rules of the Tax
Code of 1986 (hereafter “the Act”), as amended (hereafter               Reform Act of 1986;
“the Code”), restricts the total principal amount of certain                      4. “Issuer” or “Issuers” means any entity or
private activity Bonds which exclude interest from gross                entities now or hereafter authorized to issue Bonds under the
income for federal income tax purposes under Section 103 of             Louisiana Constitution of 1974, as amended, or the laws of
the Code, including the portion of government use Bonds                 the state of Louisiana; and
allocated to non-governmental use as required by the Act                          5. “Student Loan Bonds” means Bonds subject to
(hereafter “Bonds”) which may be issued within the state of             the ceiling and issued under the authority of Section 144(b)
Louisiana during each calendar year to a dollar amount                  of the Code.
determined by (a) multiplying $80 times the population of                       C. Any term not defined in this Order shall have the
the state, based on the most recently published estimate of             same meaning as in the Act.
the population for the state of Louisiana released by the                     SECTION 2: DETERMINATION OF CEILINGS
United States Bureau of Census before the beginning of each             FOR 2008 AND THEREAFTER
such calendar year, and (b) multiplying such amount by the                      A. The sum of three hundred sixty-four million, nine
cost of living adjustment, as determined pursuant to the Act;           hundred twenty-two thousand, three hundred forty dollars
     WHEREAS, Act No. 51 of the 1986 Regular Session                    ($364,922,340) represents the amount of the ceiling
of the Louisiana Legislature (hereafter “Act No. 51 of                  determined by the staff of the Louisiana State Bond
1986”) authorizes the governor to allocate the volume limit             Commission (hereafter “the SBC staff”) for the year of 2008
applicable to the Bonds (hereafter “the ceiling”) among the             pursuant to the provisions of the Act.
state and its political subdivisions in such a manner as the                    B. On or before February 15, 2009, and on or before
governor deems to be in the best interest of the state of               February 15 of each subsequent calendar year during the life
Louisiana;                                                              of this Order, the SBC staff shall determine the amount of




                                                                 1795             Louisiana Register Vol. 34, No. 09 September 20, 2008
the ceiling for each calendar year in the manner set forth in                      2. In the case of Bonds, other than Student Loan
the Act. Upon determining the amount of the ceiling, the                 Bonds or Qualified Mortgage Bonds, the name and mailing
SBC staff shall promptly notify the governor in writing of               address of (1) the initial owner or operator of the project, (2)
the amount determined.                                                   an appropriate person from whom information regarding the
     SECTION 3: GENERAL ALLOCATION POOL;                                 project can be obtained, and (3) the person to whom
METHOD OF ALLOCATION                                                     notification of the allocation should be made;
        A. A pool, designated as the “General Allocation                           3. If required by the Code, the date of adoption by
Pool”, shall be hereby created. The entire ceiling for each              the issuer of an inducement resolution adopted for the
calendar year shall be automatically credited to the General             purpose of evidencing “official intent”;
Allocation Pool. Allocations for all types of Bonds that                           4. The amount of the ceiling which the issuer is
require allocations from the ceiling under the Act may be                requesting be allocated for the project or purpose of the
requested, and granted, from this General Allocation Pool.               application, including, without limitation, a statement of the
During the calendar year of 2004, and in each calendar year              minimum amount of allocation that will support the issuance
thereafter, at the discretion of the governor, amounts shall be          of the Bonds and a general description of the project
initially reserved for allocations from the General Allocation           (including the address or other description of its location) or
Pool as follows:                                                         the purpose to be financed; and
          1. Until September 1 of each year, an amount                             5. In the case of Housing Bonds for Qualified
equal to fifty (50) percent of the General Allocation Pool               Residential Rental Project Bonds, the following criteria must
shall be reserved for allocations for Housing Bonds;                     be included on the application for the project:
          2. Until September 1 of each year, an amount                               (a) Identify whether the project promotes
equal to twenty-five (25) percent of the General Allocation              neighborhood revitalization and/or in-fill development,
Pool shall be reserved for allocations for Student Loan                  including new development on vacant or adjudicated
Bonds;                                                                   properties, and whether the buildings are complimentary to
          3. Until September 1 of each year, an amount                   the existing architecture in the neighborhood;
equal to twenty (20) percent of the General Allocation Pool                          (b) Identify whether the project is for scattered
shall be reserved for allocations for Economic Development               site singlefamily units, or, if the project is for a multiple unit
Bonds; and                                                               dwelling or dwellings, the number of buildings in the project
          4. Until September 1 of each year, an amount                   and the number of units that each dwelling contains;
equal to five (5) percent of the General Allocation Pool shall                       (c) Identify whether the project is located
be reserved for allocations for Industrial Bonds.                        proximate to a central business district or within a targeted
        B. On September 1 of each year, any amounts                      area within the meaning of the Internal Revenue Code of
remaining and not allocated for the purposes described in                1986, as amended;
Section 3(A) (1) through (4) shall be combined, and                                  (d) Identify whether the project leverages other
allocations from such amounts remaining shall be granted, at             governmental or private equity funds and/or governmental
the discretion of the governor, without regard to any                    incentives, and, if so, what the sources and amounts are; and
reservation for particular use.                                                      (e) Identify whether a workforce training
        C. The allocation of the ceiling from the General                program is a component of the project’s development plan.
Allocation Pool shall be considered by the governor on the                         6. In the case of Industrial Bonds and Economic
basis of criteria established by the governor.                           Development Bonds requested for manufacturing purposes,
        D. The issuance of an executive order by the                     the following criteria must be included on the application:
governor, awarding a portion of the ceiling to a particular                          (a) Identify the North American Industrial
issue of Bonds, shall be evidence of each allocation granted             Classification System code reported to the federal
pursuant to this Order. A copy of such an executive order                government and the Department of Labor;
shall be promptly furnished to the Louisiana State Bond                              (b) Report the economic impact over ten years
Commission.                                                              as determined by the Department of Economic
     SECTION 4: APPLICATION PROCEDURE FOR                                Development;
ALLOCATIONS                                                                          (c) Identify the number of jobs to be created
        A. All issuers in and of the state of Louisiana may              and/or retained and the average salary for both new and
apply for allocations.                                                   retained jobs as well as the amount of the capital investment
        B. An issuer who proposes to issue Bonds for a                   made or to be made; and
specific project or purpose must apply for an allocation of a                        (d) Identify other state programs that provide
portion of the ceiling for the particular project or purpose by          any financial or business incentives as part of this expansion
submitting a volume cap allocation request to the Louisiana              or new location;
State Bond Commission staff, with a copy to the governor or                        7. Either (1) a bond purchase agreement or other
the governor’s designee, as part of the initial submission of            written commitment to purchase the Bonds for which an
debt application request. The allocation form, if any, may be            allocation is requested, executed by one or more purchasers,
revised from time to time at the discretion of the governor.             setting forth in detail the principal and interest payment
However, at a minimum, all applications must contain the                 provisions and the security for the Bonds, accepted by the
following information:                                                   issuer or the beneficiary of the Bonds; (2) in the case of a
          1. The name and the address of the issuer of the               public offering of the Bonds for which the allocation from
Bonds;


Louisiana Register Vol. 34, No. 09 September 20, 2008             1796
the ceiling is requested, a binding bond purchase or                       submit to the governor for consideration all applications for
underwriting agreement obligating the underwriter or                       allocations of Bonds in excess of the permitted amounts.
underwriters to sell or purchase the Bonds within ninety (90)                      G. The SBC staff shall maintain accurate records of
days of the receipt of an allocation, setting forth in detail the          all allocations and all Bonds delivered. All issuers of Bonds
proposed principal and interest payment provisions and the                 that have received an allocation shall notify the SBC staff of
security for the Bonds, accepted by the issuer or the                      the delivery of Bonds within five (5) days after the delivery
beneficiary of the Bonds; or (3) a $7,500 escrow deposit                   of such Bonds and shall specify the total principal amount of
which will be forfeited in the event the Bonds for which an                Bonds issued. The SBC staff shall provide to any person so
allocation is granted are not delivered prior to the expiration            requesting, within a reasonable time: (1) the amount of
of such allocation as provided in Section 4(E). The $7,500                 unallocated ceiling remaining on the date such request is
escrow deposit shall be returned to the party depositing the               made; (2) a list of allocations (naming the issuer and amount
same without interest upon the substitution of the items                   of allocation) which have been made and the date of each
described in (1) or (2), supra, or delivery of the Bonds                   allocation; (3) a list of applications being held by the SBC
within the allocation period. In the event that such Bonds are             staff which have requested a larger allocation than permitted;
not delivered within the allocation period, the deposit shall              and (4) a list of Bonds which have been given an allocation
be forfeited and deposited in the State Treasury, unless the               and have been delivered.
failure to deliver such Bonds is the result of the Louisiana                       H. If the ceiling exceeds the aggregate amount of
State Bond Commission denying approval of such Bonds, in                   Bonds issued during any year by all issuers, the governor
which case the deposit shall be returned to the party                      may allocate such to issuers for use as a carry forward for
depositing same, without interest;                                         one or more carry forward projects permitted under the Act
          8. A specific date as to when the bond allocation                by issuing an executive order for all carry forward projects
is required and when the project financing is intended to                  for which an application has been submitted that contains the
close;                                                                     elements required by Section 4(B), and for which a request
          9. A schedule showing the project time or                        to be treated as a carry forward project has been received by
projected timing of the use of the bond proceeds;                          the SBC staff. The SBC staff shall notify the issuers which
         10. Information necessary to evidence compliance                  are allocated a portion of the ceiling for a carry forward
with the criteria established by the governor; and                         project at least five (5) days prior to the last date an election
         11. A letter from bond counsel, addressed to the                  to carry forward a portion of the ceiling may be made.
governor, expressing that the Bonds for which an allocation                        I. This Order only relates to Bonds subject to the
is requested are subject to the ceiling.                                   private activity bond volume limitation set forth in the Act.
        C. Upon receipt of the application required by                     No issuer shall apply for or be entitled to an allocation from
Section 4(B), the SBC staff shall determine if the                         the ceiling for Bonds that are not subject to the private
requirements of Section 4(B) have been met. When it is                     activity bond volume limitation set forth in the Act.
determined the requirements have been met, the SBC staff                           J. The governor may modify, amend, supplement,
shall immediately forward a copy of the application to the                 or rescind this Order to reflect any change in federal or state
governor.                                                                  legislation; provided, however, that any modification,
        D. Until September 1 of each year, the maximum                     amendment, supplementation or rescission shall not rescind
amount of allocation that may be granted for any project or                any allocation granted for a project or purpose pursuant to
purpose in any calendar year (other than for Qualified                     the terms of this Order if such allocation is required under
Mortgage Bonds issued by the Louisiana Housing Finance                     federal law in order to maintain the tax-exempt status of the
Agency or Student Loan Bonds) shall not exceed the greater                 Bonds issued for such project or purpose.
of thirty million dollars ($30,000,000) or fifteen (15) percent                    K. Notwithstanding any provision in this Order to
of the ceiling for that year. If an issuer submits a request for           the contrary, if the governor determines it to be in the best
an allocation that is in Excess of this authorized amount, the             interest of the state of Louisiana, because a project or
SBC staff shall retain the application for consideration of the            purpose serves a crucial need or provides an extraordinary
allocation of additional amounts, which may only be granted                benefit to the state of Louisiana or to an area within the state
on or after September 1 of that year.                                      of Louisiana, through the issuance of an executive order, the
        E. Any allocation from the ceiling (other than carry               governor may authorize allocations in any amount or grant
forward allocations described in Section 4(H), infra) shall                any or every portion of the ceiling, and for any purpose.
expire unless the Bonds receiving the allocation are                            SECTION 5: MISCELLANEOUS PROVISIONS
delivered by the earlier of (1) ninety (90) days from the date                     A. The responsibility of the SBC staff as set forth in
of the executive order awarding the allocation, or (2)                     this Order shall be exercised by the SBC staff independent of
December 31st of the calendar year granted. In the event the               any of its other duties and responsibilities owed to the
allocation of the ceiling for a particular project or purpose              Louisiana State Bond Commission.
expires as provided in this section, the issuer may resubmit                       B. The governor will certify in each executive order
its application for an allocation of a portion of the ceiling for          that grants a portion of the ceiling to a particular issue of
such project or purpose. The application of the issuer                     Bonds that said bond issue meets the requirements of
relating to such project or purpose shall be reviewed in                   Section 146 of the Code.
chronological order of receipt of the resubmission.                             SECTION 6: This Order is effective upon signature
        F. On September 1 of each year, the SBC staff shall                and shall continue in effect until amended, modified,
determine the remaining amounts of the ceiling and shall                   terminated, or rescinded by the governor, or terminated by
                                                                           operation of law.

                                                                    1797             Louisiana Register Vol. 34, No. 09 September 20, 2008
     IN WITNESS WHEREOF, I have set my hand                                  secretary of the Department of Wildlife and Fisheries, on the
officially and caused to be affixed the Great Seal of                        issues set forth in Section 2 of this Order.
Louisiana, at the Capitol, in the city of Baton Rouge, on this                    SECTION 4: The Council shall be composed of a
22nd day of August, 2008.                                                    maximum of thirteen (13) members who, unless otherwise
                                                                             specified, shall be appointed by and serve at the pleasure of
                                                                             the governor. The membership of the Council shall be
                             Bobby Jindal                                    selected as follows:
                             Governor                                               A. The governor, or the governor’s designee;
ATTEST BY                                                                           B. The secretary of the Department of Wildlife and
THE GOVERNOR                                                                 Fisheries, or the secretary’s designee;
Jay Dardenne                                                                        C. The president of the Louisiana Senate, or the
Secretary of State                                                           president’s designee;
0809#040
                                                                                    D. The speaker of the Louisiana House of
                                                                             Representatives, or the speaker’s designee;
              EXECUTIVE ORDER BJ 08-48
                                                                                    E. The chair of the Senate Committee on Natural
   Louisiana Wild Caught Shrimp Industry Trade Action                        Resources, or the chair’s designee;
                   Advisory Council                                                 F. The chair of the House Committee on Natural
                                                                             Resources, or the chair’s designee;
     WHEREAS, the Louisiana Wild Caught Shrimp                                      G. Two (2) members appointed by the governor
Industry Trade Action Advisory Council was originally                        from a list of four (4) Louisiana residents nominated by the
established by executive order to create an advisory body                    Louisiana Shrimp Association;
and/or council that will consolidate its efforts to initiate a                      H. Two (2) members appointed by the governor
trade action to protect itself from unfair trade practices                   from a list of four (4) Louisiana residents nominated by the
utilized by foreign countries importing shrimp into the                      Louisiana Shrimp Industry Coalition;
United States;                                                                      I. One (1) member appointed by the governor from
     WHEREAS, the wild caught shrimp industry is an                          a list of three (3) Louisiana residents nominated by the
integral part of the state of Louisiana’s history, culture, and              American Shrimp Processors Association;
economy and is a major component of the economy,                                    J. One (1) member appointed by the governor from
providing employment and tax revenue for the state of                        a list of three (3) Louisiana residents nominated by the
Louisiana;                                                                   secretary of the Department of Wildlife and Fisheries who
     WHEREAS, certain foreign shrimp producing                               possess a current gear and boat license; and
countries have utilized unfair trade practices that greatly                         K. One (1) at-large member.
damage the state’s wild caught shrimp industry;                                   SECTION 5: The chair of the Council shall be
     WHEREAS, funding sources and mechanisms must                            appointed by the governor from the membership of the
be developed in order to support a trade action for the                      Council. All other officers, if any, shall be elected by the
protection of the domestic wild caught shrimp industry;                      members of the Council from its membership.
     WHEREAS, the state of Louisiana supports a trade                             SECTION 6: The Council shall meet at regularly
action by a consolidated wild caught shrimp industry in                      scheduled intervals and at the call of the chair.
Louisiana and intends to assist in its success; and                               SECTION 7:
     WHEREAS, the citizens of the State of Louisiana                                A. Council members shall not receive additional
will best be served by the continuance of an advisory council                compensation or a per diem from the Office of the Governor
that will assist the state in its efforts to initiate trade actions          for serving on the Council.
to protect itself from unfair trade practices utilized by                           B. Council members who are employees or elected
foreign countries importing shrimp into the United States;                   public officials of the state of Louisiana or a political
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                             subdivision of the state of Louisiana may seek
the state of Louisiana, by virtue of the authority vested by                 reimbursement of travel expenses, in accordance with PPM
the Constitution and the laws of the state of Louisiana, do                  49, from their employing and/or elected department, agency
hereby order and direct as follows:                                          and/or office.
     SECTION 1: The Louisiana Wild Caught Shrimp                                    C. Council members who are also members of the
Trade Action Advisory Council (hereafter “Council”) is                       Louisiana Legislature may seek a per diem from the
reestablished within the executive department, Office of the                 Louisiana Senate or House of Representatives, as
Governor.                                                                    appropriate, for their attendance.
     SECTION 2: The duties of the Council shall include,                          SECTION 8: Support staff, facilities, and resources
but are not limited to, the following:                                       for the Office shall be provided by the Department of
        A. Supporting and assisting a trade action brought                   Wildlife and Fisheries.
by a consolidated wild caught shrimp industry;                                    SECTION 9: All departments, commissions, boards,
        B. Exploring and developing funding sources and                      offices, entities, agencies, and officers of the state of
mechanisms to assist and support such trade action; and                      Louisiana, or any political subdivision thereof, are
        C. Recommending proposed legislation to fund the                     authorized and directed to cooperate with the Office in
trade action.                                                                implementing the provisions of this Order.
     SECTION 3: On or before August 1, 2009, the                                  SECTION 10: This Order is effective upon signature
Council shall submit a final report to the governor, and the                 and shall continue in effect until amended, modified,

Louisiana Register Vol. 34, No. 09 September 20, 2008                 1798
terminated, or rescinded by the governor, or terminated by                       3. Concerts of music and performances of short
operation of law.                                                       and long plays;
     IN WITNESS WHEREOF, I have set my hand                                      4. Traditional festivals;
officially and caused to be affixed the Great Seal of                            5. Storytelling and oral history projects;
Louisiana, at the Capitol, in the city of Baton Rouge, on this                   6. Re-enactments; and
22nd day of August, 2008.                                                        7. Dissemination of brochures, posters, t-shirts
                                                                        and other merchandise.
                           Bobby Jindal                                      SECTION 3: On or before March 1 of each year the
                           Governor                                     Commission shall submit a written comprehensive report
ATTEST BY                                                               annually to the governor, the lieutenant governor, and the
THE GOVERNOR                                                            secretary of state on the issues set forth in Section 2 of this
Jay Dardenne                                                            Order.
Secretary of State                                                           SECTION 4:
0809#041                                                                       A. The Commission shall be composed of thirteen
                                                                        (13) members, as follows:
             EXECUTIVE ORDER BJ 08-49                                            1. The Louisiana state liaison to the National
   Louisiana Abraham Lincoln Bicentennial Commission                    Abraham Lincoln Bicentennial Commission Governors’
                                                                        Council;
     WHEREAS, the            national      Abraham    Lincoln                    2. The Governor or the Governor’s designee;
Bicentennial Commission was created by Congress in 2000                          3. The Lieutenant Governor or the Lieutenant
to inform the public about the impact Abraham Lincoln had               Governor’s designee;
on the development of our great nation and to find the best                      4. The Secretary of State or the Secretary’s
possible ways to honor his accomplishments;                             designee;
     WHEREAS, the            official     public  bicentennial                   5. The director of the State Museum, Department
commemoration launched February 2008, and closes                        of Culture, Recreation and Tourism;
February 2010, with the capstone taking place on February                        6. The State Museums Program coordinator,
12, 2009, the two hundredth (200th) anniversary of                      Department of State;
Lincoln’s birth;                                                                 7. The state librarian, Department of Culture,
     WHEREAS, the national Commission has invited                       Recreation and Tourism;
states to participate in honoring Abraham Lincoln and to                         8. The state archivist, Department of State;
coordinate their own bicentennial programs and events; and                       9. One member of the House of Representatives
     WHEREAS, it is necessary to reestablish the state                  appointed by the Speaker of the House of Representatives;
Commission to ensure Louisiana’s participation in this                          10. One member of the Senate appointed by the
nationwide commemoration of one of our country’s greatest               President of the Senate; and
leaders.                                                                        11. Three (3) members appointed by the Governor.
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                             SECTION 5: The chair of the Commission shall be
the state of Louisiana, by virtue of the authority vested by            the Louisiana State Liaison to the National Abraham Lincoln
the Constitution and the laws of the state of Louisiana, do             Bicentennial Commission Governors’ Council. All other
hereby order and direct as follows:                                     officers, if any, shall be elected by the members of the
     SECTION 1: The Louisiana Abraham Lincoln                           Commission from its membership.
Bicentennial Commission (hereafter Commission) is hereby                     SECTION 6: The Commission shall meet at regularly
re-established within the Department of State.                          scheduled meetings and at the call of the chair.
     SECTION 2: The duties of the Commission shall                           SECTION 7:
include, but are not limited to, the following:                                A. Commission members shall not receive
        A. Develop, plan and coordinate statewide events                compensation or a per diem for their service on the
that educate the public about the life and presidency of                Commission.
Abraham Lincoln as well as celebrate his many                                  B. Commission members who are employees or
accomplishments.                                                        elected public officials of the state of Louisiana or a political
        B. Assist the state liaison to the national                     subdivision thereof may seek reimbursement of travel
Commission in overseeing and directing preparations for                 expenses from their agency or department in accordance
statewide programs and events, including, but not limited to,           with PPM 49.
supporting staff members in publicity and coordination                         SECTION 8:            Support staff, facilities, and
efforts.                                                                resources for the Commission shall be provided by the
        C. Develop and evaluate the effectiveness of                    Department of State.
programs and curricula which inform and educate citizens                     SECTION 9: All departments, commissions, boards,
about Abraham Lincoln and, particularly, the historical time            offices, entities, agencies, and officers of the state of
period encompassing his presidency. Such programs may                   Louisiana, or any political subdivision thereof, are
include:                                                                authorized and directed to cooperate with the Commission in
          1. Museum exhibits of artifacts;                              implementing the provisions of this Order.
          2. Displays of artwork and photography with                        SECTION 10: This Order is effective upon signature
appropriate historical themes;                                          and shall continue in effect until amended, modified,


                                                                 1799             Louisiana Register Vol. 34, No. 09 September 20, 2008
terminated, or rescinded by the governor, or terminated by               the Constitution and the laws of the state of Louisiana, do
operation of law.                                                        hereby order and direct as follows:
     IN WITNESS WHEREOF, I have set my hand                                   SECTION 1: The           Louisiana      Commission     on
officially and caused to be affixed the Great Seal of                    Marriage and Family (hereafter “Commission”) is
Louisiana, at the Capitol, in the city of Baton Rouge, on this           reestablished within the executive department, Office of the
22nd day of August, 2008.                                                Governor.
                                                                              SECTION 2: The duties of the Commission shall be
                           Bobby Jindal                                  as follows:
                           Governor                                              A. Collect and analyze data on the social and
ATTEST BY                                                                personal effects of marriage, two-parent childrearing, and
THE GOVERNOR                                                             single-parent child-rearing, within the state of Louisiana;
Jay Dardenne                                                                     B. Review and analyze all laws, rules and
Secretary of State                                                       regulations, programs and/or policies of the state of
0809#042                                                                 Louisiana and/or any of the departments, commissions,
                                                                         boards, agencies, and/or offices in the executive branch
             EXECUTIVE ORDER BJ 08-50                                    thereof, which pertain to taxes, public assistance or benefits,
      Louisiana Commission on Marriage and Family                        education, childcare and/or public services, for neutrality
                                                                         regarding the institution of marriage so that marriage is not
     WHEREAS, marriage is more than a civil contract                     discouraged, discriminated against and/or undermined;
which transforms the contracting of man and woman into a                         C. Propose and analyze initiatives, programs,
legally and publicly recognized partnership, as it is also a             policies, and/or incentives that encourage and support the
special form of social and legal dependence entered for the              institution of marriage;
purpose of founding and maintaining a family;                                    D. Propose and analyze programs, policies,
     WHEREAS, studies reveal that societal benefits                      curriculums, and/or initiatives, especially those that may be
result from marriage and two-parent families, as married                 funded with Temporary Assistance for Needy Family
men and women live longer, are often healthier, are less                 (“TANF”) funds, which encourage the formation of two-
depressed, and have fewer heart attacks, diseases, and                   parent families, prevent and/or reduce the incidence of
alcohol related problems than unmarried men and women                    single-parent births, strengthen existing marriages that are in
and, as compared to children born to single and/or of                    jeopardy, encourage postponing child-bearing until after
divorced parents, children growing up in two-parent families             both parents have attained a postsecondary education and/or
are more likely to graduate from high school, less likely to             post-secondary technical/job training; promote responsible
have behavioral or emotional problems, less likely to be                 fatherhood, and/or motivate fathers to be continuously
suspended or expelled from or drop out of school, less likely            involved in and supportive of their children and/or families;
to contract childhood diseases and/or die, and boys are less                     E. Propose and analyze programs, policies,
likely to use drugs or alcohol or commit suicide, while girls            curriculums, and/or community-based partnerships that may
are less likely to become sexually active at an early age;               be utilized and/or developed to strengthen families and teach
     WHEREAS, children growing up in two-parent                          marriage skills, anger/conflict management skills, money
families usually have an advantage over children with                    management skills, parenting skills, and/or about the
singleparents from their access to both parents for emotional,           differences in communication styles and emotional needs
educational, spiritual, and moral support, additional family             between men and women in marriage; and
time, and reinforcement of discipline and family values;                         F. Analyze the policy considerations and issues
     WHEREAS, due to divorce and single-parent births,                   involved in encouraging and/or requiring counseling and/or
twenty-three million children in the United States are                   mediation prior to divorce and providing such counseling
disadvantaged from growing up in a household without both                and/or mediation with public funds.
their parents, including forty-nine percent (49%) of the                      SECTION 3: Commencing December 31, 2008, and
children born in the state of Louisiana and sixty-eight (68%)            each December 31 thereafter, the Commission shall submit a
born in the parish of Orleans to single parents in 2004;                 detailed annual report to the governor which addresses the
     WHEREAS, the future of the state of Louisiana is                    issues set forth in Section 2 of this Order.
inextricably tied to the physical, intellectual, emotional, and               SECTION 4: The Commission shall be composed of
moral growth of the children of this state and their future;             a maximum of twenty-nine (29) members who shall be
and                                                                      appointed by and serve at the pleasure of the governor. The
     WHEREAS, the interests of the citizens of the state                 membership of the Commission shall be selected as follows:
of Louisiana will be best served by the continuation of the                      A. The governor, or the governor’s designee;
Louisiana Commission on Marriage and Family charged                              B. The secretary of the Department of Social
with the duty of advising the governor on the means to                   Services, or the secretary’s designee;
improve the social and personal well-being of the people of                      C. The secretary of the Department of Health and
this state, especially the children, by strengthening marriages          Hospitals, or the secretary’s designee;
and/or family units and reducing the incidence of single-                        D. The secretary of the Department of Labor, or the
parenting;                                                               secretary’s designee;
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                                 E. The commissioner of higher education, or the
the state of Louisiana, by virtue of the authority vested by             commissioner’s designee;


Louisiana Register Vol. 34, No. 09 September 20, 2008             1800
       F. The superintendent of the Department of                          authorized and directed to cooperate with the Commission in
Education, or the superintendent’s designee;                               implementing the provisions of this Order.
       G. The executive director of the Children’s Cabinet,                     SECTION 10: This Order is effective upon signature
Office of the Governor, or the executive director’s designee;              and shall continue in effect until amended, modified,
       H. The executive director of the Office on Women’s                  terminated, or rescinded by the governor, or terminated by
Policy, Office of the Governor, or the executive director’s                operation of law.
designee;                                                                       IN WITNESS WHEREOF, I have set my hand
       I. The director of TANF (Temporary Assistance for                   officially and caused to be affixed the Great Seal of
Needy Families), Office of the Commissioner, Division of                   Louisiana, at the Capitol, in the city of Baton Rouge, on this
Administration;                                                            22nd day of August, 2008.
       J. Two (2) members of the Louisiana State Senate,
nominated by the president of the
       Senate;                                                                                         Bobby Jindal
       K. Two (2) members of the House of                                                              Governor
Representatives, nominated by the speaker of the House of                  ATTEST BY
Representatives;                                                           THE GOVERNOR
       L. A representative of the Louisiana Women’s                        Jay Dardenne
Policy and Research Commission;                                            Secretary of State
       M. A member of the Board of Elementary and                          0809#043
Secondary Education;
       N. A citizen of the state of Louisiana representing                               EXECUTIVE ORDER BJ 08-51
the interests and concerns of two-parent families;                          Louisiana Offshore Terminal Authority to Administer the
       O. A citizen of the state of Louisiana representing                         Federal Deepwater Port Act for Louisiana
the interests and concerns of single-parent families; and
       P. Twelve (12) citizens of the state of Louisiana                        WHEREAS, the federal Deepwater Port Act, 33
who have significant academic and/or professional expertise                U.S.C. Sec. 1501, et seq., provides for the application for,
in one (1) or more of the following areas:                                 and the construction and operation of deepwater ports or
          1. Marriage education and/or marriage skills                     offshore terminal facilities beyond the seaward boundaries
training;                                                                  of Louisiana, for the transportation, storage or further
          2. Marriage, family and/or juvenile counseling                   handling of oil or natural gas;
and/or mediation;                                                               WHEREAS, the state of Louisiana, to the extent that
          3. Education;                                                    it is considered an adjacent coastal state, has been granted
          4. Law;                                                          certain rights, duties, and responsibilities by the Deepwater
          5. Public health;                                                Port Act in connection with the application for, and
          6. Sociology, social science, and/or social work;                construction and operation of, such deepwater ports;
and                                                                             WHEREAS, there is a need for a single state agency
          7. Community programs and/or assistance.                         to supervise, coordinate, and direct the state’s duties and
     SECTION 5: The governor shall appoint the chair of                    responsibilities in connection with implementation of the
the Commission from its membership. All other officers, if                 Deepwater Port Act;
any, shall be elected by the members of the Commission                          WHEREAS, the Louisiana Offshore Terminal
from its membership.                                                       Authority was created by La. R.S. 34:3101, et seq., to
     SECTION 6: The Commission shall meet at regularly                     promote, plan, finance, develop, construct, control, license,
scheduled intervals and at the call of the chair.                          regulate, supervise, operate, manage, maintain and modify
     SECTION 7:                                                            offshore terminal facilities within its jurisdiction;
       A. Commission members shall not receive                                  WHEREAS, the Deepwater Port Act has extended
additional compensation or a per diem from the Office of the               the jurisdiction of the state of Louisiana to adjacent offshore
Governor for serving on the Commission.                                    waters beyond state boundaries for the limited and exclusive
       B. Commission members who are employees or                          purposes as stated in the Act; and,
elected public officials of the state of Louisiana or a political               WHEREAS, the Louisiana Offshore Terminal
subdivision thereof may seek reimbursement of travel                       Authority has continuously demonstrated its competence and
expenses, in accordance with PPM 49, from their employing                  expertise in the operation, monitoring, and regulation of the
and/or elected department, agency and/or office.                           Louisiana Offshore Oil Platform (“LOOP”);
       C. Commission members who are also members of                            NOW THEREFORE, I, BOBBY JINDAL, Governor of
the Louisiana Legislature may seek a per diem from the                     the state of Louisiana, by virtue of the authority vested by
Louisiana State Senate or House of Representatives, as                     the Constitution and the laws of the state of Louisiana, do
appropriate, for their attendance.                                         hereby order and direct as follows:
     SECTION 8: Support staff, facilities, and resources                        SECTION 1: The Louisiana Offshore Terminal
for the Commission shall be provided by the Department of                  Authority is hereby continued to be designated as the single
Social Services.                                                           state agency which, subject to the powers and duties
     SECTION 9: All departments, commissions, boards,                      reserved to the Governor, shall administer and supervise the
offices, entities, agencies, and officers of the state of                  rights, duties and responsibilities of the state of Louisiana
Louisiana, or any political subdivision thereof, are                       under the federal Deepwater Port Act.
                                                                    1801              Louisiana Register Vol. 34, No. 09 September 20, 2008
     SECTION 2: The rights, duties and responsibilities to               collecting reasonable fees for the use of a deepwater port
be supervised and administered by the Louisiana Offshore                 facility and for use of land-based facilities directly related to
Terminal Authority shall include, but are not necessarily                a deepwater port facility, subject to the approval of the
limited to, those contained in 33 U.S.C. Sec. 1504(h)(2) and             secretary of the U.S. Department of Transportation.
33 U.S.C. Sec. 1508, except for those powers expressly                        SECTION 4: For the Louisiana Offshore Terminal
reserved to the Governor under 33 U.S.C. Sec. 1502 (10)                  Authority to carry out its responsibilities as ordered herein,
and Sec. 1508(b)(1) relative to the Governor’s authority to              subject to the availability of funding, the Louisiana Offshore
approve, disapprove, or conditionally approve pending                    Terminal Authority shall have the authority to establish an
applications. All required notices from the U.S. Coast Guard             office with appropriate staff and facilities; to develop and
or the secretary of the U.S. Department of Transportation                implement an operational plan; to develop and implement a
under the Deepwater Port Act, shall continue to be sent                  communications plan; to work with industry with regard to
directly to the Governor, whose office shall provide same to             homeland security, safety, and hurricane-preparedness plans;
the Louisiana Offshore Terminal Authority.                               to construct and implement a budget, including
     SECTION 3: The rights, duties and responsibilities to               performance-based budgeting; to institute monitoring and
be administered and supervised by the Louisiana Offshore                 reporting timelines and guidelines in compliance with the
Terminal Authority in connection with the Deepwater Port                 Deepwater Port Act and other applicable law; and generally
Act shall include, but shall not necessarily be limited to, the          to do and implement any other necessary and appropriate
following:                                                               measures to allow the Louisiana Offshore Terminal
       A. Upon receipt from the Governor of an application               Authority to function effectively, in accordance with law,
made under the Deepwater Port Act for the construction and               and specifically in accordance with the provisions of La.
operation of a deepwater port or offshore terminal facility,             R.S. 34:3101, et seq.
the Louisiana Offshore Terminal Authority shall coordinate                    SECTION 5: All departments, boards, commissions,
and supervise the review by the state of such application,               offices, entities, agencies, and officers of the state of
including coordination with other necessary state agencies,              Louisiana, or any political subdivision thereof, are
including the Department of Environmental Quality, the                   authorized and directed to cooperate in the implementation
Department of Wildlife and Fisheries, and the Department of              of this Order.
Natural Resources. The review shall include all                               SECTION 6: This Order is effective upon signature
environmental impact statements submitted, the impact on                 and shall apply until amended, modified, terminated, or
the coastal environment, the impact on the inshore and                   rescinded by the governor, or terminated by operation of
offshore waters and fisheries of the state, the impact on                law.
navigation, examination of monitoring plans, and such other                   IN WITNESS WHEREOF, I have set my hand
reviews as the Louisiana Offshore Terminal Authority may                 officially and caused to be affixed the Great Seal of
deem necessary to assure the protection of the state and its             Louisiana, at the Capitol, in the city of Baton Rouge, on this
resources.                                                               22nd day of August, 2008.
       B. Formulation and implementation of any
necessary environmental monitoring and security plans, in                                            Bobby Jindal
cooperation with the operator, federal agencies, and state                                           Governor
agencies.                                                                ATTEST BY
       C. Coordination with other adjacent coastal states                THE GOVERNOR
and any other states impacted by the construction and                    Jay Dardenne
operation of a deepwater port facility.                                  Secretary of State
       D. Letting of necessary contracts in connection with              0809#044
environmental monitoring, security, and such other
necessary services as may be required by the Louisiana                                 EXECUTIVE ORDER BJ 08-52
Offshore Terminal Authority in connection with the                                        E-Rate Oversight Committee
application for, or construction and operation of, deepwater
ports under the Deepwater Port Act. Such contracts shall be                   WHEREAS, Hurricane Katrina and its aftermath, and
let in accordance with law, and specifically in accordance               Hurricane Rita caused unprecedented devastation and
with the requirements of the Louisiana Offshore Terminal                 damage to the communities of south Louisiana, including its
Authority implementing legislation, La. R.S. 34:3101, et seq.            people, economy, infrastructure, natural resources and
       E. Upon completing necessary reviews of an                        critical institutions;
application for construction of a deepwater port facility,                    WHEREAS, an unprecedented amount of up to one
report its findings and recommendations to the Governor so               hundred thirty-two ($132,000,000) million in federal E-Rate
as to allow the Governor adequate information upon which                 Hurricane Katrina Relief Funding was committed to the
to exercise, in a timely manner, the Governor’s authority                rebuilding of school and library technology infrastructures in
under 33 U.S.C. Sec. 1508(b)(1) to approve, disapprove, or               these areas and offsetting the cost entities endured with the
conditionally approve a pending application.                             influx of displaced students;
       F. In accordance with the provisions of 33 U.S.C.                      WHEREAS, it is essential that the state of Louisiana
Sec. 1504(h)(2), obtain compensation for any economic cost               continue to coordinate such resources to fulfill its obligation
incurred by the state of Louisiana in fulfilling its duties and          to provide oversight as outlined in FCC 05-178 in Section 1,
responsibilities in connection with the construction and                 Paragraph 51;
operation of any deepwater port facility, by fixing and

Louisiana Register Vol. 34, No. 09 September 20, 2008             1802
     WHEREAS, the importance and magnitude of such                             SECTION 6: The Committee shall meet at regularly
coordination and oversight undertaking dictate that a singe               scheduled meetings and at the call of the chair.
unit of government be charged with such a task;                                SECTION 7: Committee members shall not receive
     WHEREAS, the unit must continue to be guided by a                    additional compensation or a per diem for serving on the
distinguished board which shall ensure that E-Rate funding                Committee. However, such Committee members shall be
dedicated to the Hurricane Katrina Relief is coordinated to               entitled to reasonable and necessary travel expenses
the highest standards of integrity and quality; and                       consistent with travel allowance for state classified
     WHEREAS, the unit must continue to work across                       employees as provided in the latest Policy and Procedure
levels of governments, guided by the governor’s vision and                Memorandum PPM 49 and approved by the chair, if funding
in support of local communities to develop and realize a                  becomes available.
comprehensive long-term vision for a rebuilt and renewed                       SECTION 8: Support staff, facilities, and resources
Louisiana;                                                                for the Committee shall be provided by the Council.
     NOW THEREFORE I, BOBBY JINDAL, Governor of                                SECTION 9: All departments, commissions, boards,
the state of Louisiana, by virtue of the authority vested by              offices, entities, agencies, and officers of the state of
the Constitution and laws of the state of Louisiana, do                   Louisiana, or any political subdivision thereof, are
hereby order and direct as follows:                                       authorized and directed to cooperate with the Committee in
     SECTION 1: The Louisiana Broadband Advisory                          implementing the provisions of this Order.
Council (hereafter “Council) is hereby authorized to                           SECTION 10: This Order is effective upon signature
continue to coordinate an E-Rate Oversight Committee                      and shall continue in effect until amended, modified,
(hereafter “Committee”) within its Council to work under                  terminated, or rescinded by the governor, or terminated by
the guidance of the Universal Service Administrative                      operation of law.
Authority and the FCC.                                                         IN WITNESS WHEREOF, I have set my hand
     SECTION 2: The duties of the Committee shall include,                officially and caused to be affixed the Great Seal of
but are not limited to, the following:                                    Louisiana, at the Capitol, in the city of Baton Rouge, on this
        A. Review and approve all applications filed by                   22nd day of August, 2008.
Louisiana schools and libraries that apply for the special
Hurricane Katrina E-Rate Funding to ensure that the                                                   Bobby Jindal
requests are cost effective, warranted, and necessary to                                              Governor
rebuild the infrastructure to the same level of functionality as          ATTEST BY
prior to August 28, 2005;                                                 THE GOVERNOR
        B. Review and approve all requests by Louisiana                   Jay Dardenne
schools and libraries to adjust their National School Lunch               Secretary of State
Program data to reflect the influx of displaced students and              0809#045
library patrons; and
        C. Provide assistance to the FCC and the Universal                              EXECUTIVE ORDER BJ 08-53
Service Administrative Authority by providing accurate data                      Louisiana Federal Property Assistance Agency
on the number of schools and libraries impacted by
Hurricane Katrina and the extent to which those schools and                    WHEREAS, Public Law 94-519, enacted on October
libraries will need special E-Rate Hurricane Katrina                      17, 1976, amended the Federal Property and Administrative
Funding.                                                                  Act of 1949, 40 U.S.C. 484., et seq., to permit the donation
     SECTION 3: The Committee shall submit a written                      of federal surplus personal property to the states, local
comprehensive report quarterly to the governor and to the                 government, eligible 501(c)(3) not-for-profit organizations,
Council.                                                                  Small Business Administration 8A program participants, for
     SECTION 4: The Committee shall be composed of a                      public purposes, and for other purposes;
maximum of seven (7) members, who shall be appointed by,                       WHEREAS, the             U.S.      General      Services
and serve at the pleasure of the governor, selected as                    Administration within the executive branch of the United
follows:                                                                  States Government is the designated federal agency which
        A. Two (2) representatives of the Louisiana                       allocates the surplus property among the states in a fair and
Department of Education;                                                  equitable manner, pursuant to criteria, which are based on
        B. One (1) representative of the Division of                      need and utilization;
Administration;                                                                WHEREAS, after the Administrator of U.S. General
        C. One (1) representative of the State Library of                 Services Administration transfers the surplus property to a
Louisiana;                                                                designated state agency, the property is distributed by the
        D. One (1) representative of the Louisiana Resource               state agency: 1) to public agencies for carrying out or
Center for Educators;                                                     promoting one or more public purposes, which includes but
        E. One (1) representative of the Louisiana Office of              are not limited to, conservation, economic development,
Telecommunications; and                                                   education, parks and recreation, public health and public
        F. One (1) representative of the Louisiana Office of              safety; 2) to nonprofit educational or public health
State Purchasing.                                                         institutions or organizations, including medical institutions,
     SECTION 5: The chair of the Committee shall be                       hospitals, health clinics, schools, colleges, universities,
selected by the governor. All other officers, if any, shall be            schools for the mentally retarded or physically handicapped,
elected by and from the membership of the Committee.                      child care centers, and certain radio and television stations;
                                                                   1803              Louisiana Register Vol. 34, No. 09 September 20, 2008
and 3) Small Business Administration 8A program                               SECTION 4: The Agency shall be responsible for
participants;                                                            carrying out the provisions of the Plan of Operation, as
     WHEREAS, before any property may be transferred                     approved by the administrator of the U.S. General Services
to a state agency by the administrator of the U.S. General               Administration, and the counter-drug program, counter-
Services Administration, the state shall develop, according              terrorism and law enforcement activities, as prescribed by
to state law, a detailed plan of operation, developed in                 the secretary of Defense.
conformity with federal law, which includes adequate                          SECTION 5: The Agency shall be a unit within the
assurance for the federal government that the state agency               Office of General Services, a section of the Division of
has the “necessary organizational and operational authority              Administration, within the executive branch, Office of the
and capability, including staff, facilities, means and methods           Governor. The agency assistant director shall report to the
of financing, and procedures with respect to: accountability,            commissioner of administration, through the director of the
internal and external audits, cooperative agreements,                    Agency.
compliance and utilization reviews, equitable distribution                    SECTION 6: The director of the Agency, acting
and property disposal, determination of eligibility, and                 through the agency assistant director, shall possess all power
assistance through consultation with advisory bodies and                 and authority necessary to exercise and perform all the
public and private groups”;                                              functions, duties, and responsibilities cited in the revised
     WHEREAS, a permanent, revised plan of operation                     Plan of Operation, so as to comply with all applicable state
must be submitted to the administrator of the U.S. General               and federal laws and regulations.
Services Administration for approval in order that the state                  SECTION 7: All departments, commissions, boards,
and/or state program may continue to qualify under Public                offices, entities, agencies, and officers of the state of
Law 94-519;                                                              Louisiana, or any political subdivision thereof, are
     WHEREAS, in addition to the federal surplus                         authorized and directed to cooperate with the Agency in
personal property that may be transferred to the states                  implementing the provisions of this Order.
pursuant to the Federal Property and Administrative Act of                    SECTION 8: This Order is effective upon signature
1949, as amended, under 10 U.S.C. 2576 a, added by Public                and shall continue in effect until amended, modified,
Law 104-181, the secretary of Defense may also transfer to               terminated, or rescinded by the governor, or terminated by
federal and state agencies the personal property of the                  operation of law.
Department of Defense, including small arms and                               IN WITNESS WHEREOF, I have set my hand
ammunition, which the secretary of Defense determines is                 officially and caused to be affixed the Great Seal of
excess to the needs of the Department of Defense, but                    Louisiana, at the Capitol, in the city of Baton Rouge, on this
suitable for use by state and federal agencies in law                    22nd day of August, 2008.
enforcement activities, such as counter-drug and
counterterrorism actions; and                                                                       Bobby Jindal
     WHEREAS, the             U.S.        General      Services                                     Governor
Administration (GSA Fleet Management) within the                         ATTEST BY
executive branch of the United States Government is the                  THE GOVERNOR
designated federal agency which allows the sale of federal               Jay Dardenne
fleet turn-in vehicles to state government. Authority is                 Secretary of State
granted under 41CFR 101-45.304-12. These vehicles will be                0809#046
resold to state and local government organizations, eligible
501(c)(3) not-for-profit organizations, and Small Business                            EXECUTIVE ORDER BJ 08-54
Administration 8A program participants for public and other                 HUD Community Planning and Development Formula
purposes;                                                                                  Grant Program
     NOW THEREFORE, I, BOBBY JINDAL, Governor of
the state of Louisiana, by virtue of the authority vested by                  WHEREAS, the United States Department of
the Constitution and the laws of the state of Louisiana, do              Housing and Urban Development (hereafter “HUD”)
hereby order and direct as follows:                                      promulgated a final rule in the Federal Register dated
     SECTION 1: The Federal Property Assistance                          January 5, 1994, 24 CFR Part 91, et seq., which requires
Program shall continue to be known as the Louisiana Federal              annual submission of a single consolidated plan,
Property Assistance Agency (hereafter “Agency”).                         performance report, and funding application submission
     SECTION 2: The Agency shall submit a revised Plan                   (hereafter “consolidated submission”) for all HUD
of Operation to the administrator of the U.S. General                    community planning and development formula grant
Services Administration for approval so that the state and/or            programs, including the Community Development Block
public agencies of the state of Louisiana may participate or             Grant Program, the Emergency Shelter Grants Program, the
continue to participate as donees under the Federal Property             HOME Investment Partnership Program, and the Housing
and Administrative Services Act of 1949, as amended.                     Opportunities for Persons With AIDS Program; and
     SECTION 3: The Agency shall be responsible for                           WHEREAS, the state of Louisiana desires to comply
carrying out the provisions of the Plan of Operation, as                 with HUD’s annual consolidated submission requirements;
approved by the administrator of the U.S. General Services                    NOW THEREFORE, I, BOBBY JINDAL, Governor of
Administration, and the fixed price vehicle resale program,              the state of Louisiana, by virtue of the authority vested by
as prescribed by the GSA Fleet Management within the                     the Constitution and the laws of the state of Louisiana, do
executive branch of the United States Government.                        hereby order and direct as follows:
Louisiana Register Vol. 34, No. 09 September 20, 2008             1804
     SECTION 1: The Division of Administration, Office                   could cause flooding and damage to private property and
of Community Development, (hereafter “OCD”) shall                        public facilities, and threaten the safety and security of the
continue to coordinate and designate, within the parameters              citizens of Louisiana;
of state law, all departments, agencies, or other entities of                 WHEREAS, Proclamation No. 48 KBB 2005 was
the state of Louisiana which have primary responsibility for             extended by subsequent proclamations, the last of which is
the implementation of any function associated with HUD                   Proclamation No. 47 BJ 2008, due to the extreme damage
community planning and development formula grant                         caused by Hurricane Katrina and the continuation of
programs, which are required to participate in the annual                emergency/disaster conditions in the most affected areas;
consolidated submission and which are to complete research,                   WHEREAS, pursuant to R.S. 29:724(D)(4), and
analysis, or other activities necessary for the OCD to submit            subject to applicable requirements for compensation, the
to HUD, on behalf of the state of Louisiana, the annual                  governor may commandeer or utilize any private property if
consolidated submission and any amendments or                            he finds this necessary to cope with a disaster or emergency;
supplements thereto.                                                          WHEREAS, at the request of the U.S. Army Corps
     SECTION 2: All departments, agencies, and other                     of Engineers, Jefferson Parish, the Department of
entities referred to in Section 1 of this Order shall cooperate          Transportation and Development, and the West Jefferson
with and submit to the OCD in a timely manner all necessary              Levee District, and upon the concurrence of the Attorney
or requested information and documentation needed for the                General’s Office, it was determined in Executive Order No.
state of Louisiana to comply with the HUD consolidated                   KBB 2006-40, issued on October 6, 2006, that the best
submission requirements.                                                 interests of the citizens of the state would be served by
     SECTION 3: The OCD shall continue to annually                       commandeering the use of certain property in the parish of
submit to HUD a consolidated submission and any                          Jefferson for the construction of the West Bank and Vicinity,
amendments or supplements thereto on behalf of the state of              Hurricane Protection Project, Lake Cataouatche Levee
Louisiana.                                                               Enlargement, Highway 90 to Lake Cataouatche Pump
     SECTION 4: All departments, commissions, boards,                    Station, B/L Sta., 156 + 48 to 308 + 00, as depicted in map
offices, entities, agencies, and officers of the state of                file no. H-8-46509, drawings 1 through 3 of 3, dated
Louisiana, or any political subdivision thereof, are                     September, 2006, attached to that Executive Order as
authorized and directed to cooperate with OCD in                         Exhibit A;
implementing the provisions of this Order.                                    WHEREAS, Executive Order No. KBB 2006-40
     SECTION 5: This Order is effective upon signature                   directed the commandeering of the use of certain property
and shall continue in effect until amended, modified,                    located in the parish of Jefferson, state of Louisiana, situated
terminated, or rescinded by the governor, or terminated by               in a portion of Section 69, Township 13 South, Range 22
operation of law.                                                        East; and Sections 4, 5, 9, 10, and 44, Township 14 South,
     IN WITNESS WHEREOF, I have set my hand                              Range 22 East, containing 209.0 acres labeled "Perpetual
officially and caused to be affixed the Great Seal of                    Levee Borrow, and Drainage Ditch Easement" and 1.2 acres
Louisiana, at the Capitol, in the city of Baton Rouge, on this           labeled "Perpetual Road Easement" in map file no. H-8-
22nd day of August, 2008.                                                46509, drawings 1 through 3 of 3, dated September, 2006,
                                                                         attached to that Executive Order as Exhibit A;
                           Bobby Jindal                                       WHEREAS, the            commandeering ordered            by
                           Governor                                      Executive Order No. KBB 2006-40 expressly required the
ATTEST BY                                                                U.S. Department of the Army to identify and compensate the
THE GOVERNOR                                                             owners of said property; and
Jay Dardenne                                                                  WHEREAS, Such compensation has not yet been
Secretary of State                                                       made by the U.S. Department of the Army to the property
0809#047                                                                 owners;
                                                                              NOW THEREFORE, I, BOBBY JINDAL, Governor of
             EXECUTIVE ORDER BJ 08-55                                    the state of Louisiana, by virtue of the authority vested by
   Commandeering of Property Use—Lake Cataouatche                        the Constitution and the laws of the state of Louisiana, do
       Levee Enlargement, Parish of Jefferson                            hereby order and direct as follows:
                                                                              SECTION 1: Executive Order No. KBB 2006-40 is
     WHEREAS, the Louisiana Homeland Security and                        hereby renewed and continued in full force and effect until
Emergency Assistance and Disaster Act, R.S. 29:721, et                   such time as the U.S. Department of the Army has
seq., confers upon the governor of the state of Louisiana                completed the project or has identified and compensated the
emergency powers to deal with, respond to, or recover from               property owners for the taking and use of the property
emergencies and disasters, including those caused by fire,               commandeered for the project.
flood, earthquakes, or other natural or man-made causes;                      SECTION 2: This Order is effective upon signature
     WHEREAS, Proclamation No. 48 KBB 2005, issued                       and shall continue in effect until amended, modified,
on August 26, 2005, declared a state of emergency for the                terminated, or rescinded by the governor, or terminated by
state of Louisiana due to Hurricane Katrina’s potential to               operation of law.
cause severe storms, high winds, and torrential rain that




                                                                  1805             Louisiana Register Vol. 34, No. 09 September 20, 2008
     IN WITNESS WHEREOF, I have set my hand                               U.S. Department of the Army to identify and compensate the
officially and caused to be affixed the Great Seal of                     owners of said property; and
Louisiana, at the Capitol, in the city of Baton Rouge, on this                 WHEREAS, Such compensation has not yet been
22nd day of August, 2008.                                                 made by the U.S. Department of the Army to the property
                                                                          owners;
                            Bobby Jindal                                       NOW THEREFORE, I, BOBBY JINDAL, Governor of
                            Governor                                      the state of Louisiana, by virtue of the authority vested by
ATTEST BY                                                                 the Constitution and the laws of the state of Louisiana, do
THE GOVERNOR                                                              hereby order and direct as follows:
Jay Dardenne                                                                   SECTION 1: Executive Order No. KBB 2006-6 is
Secretary of State                                                        hereby renewed and continued in full force and effect until
0809#048                                                                  such time as the U.S. Department of the Army has
                                                                          completed the project or has identified and compensated the
             EXECUTIVE ORDER BJ 08-56                                     property owners for the taking and use of the property
Commandeering Property for Repair of the 17th Street Canal                commandeered for the project.
                                                                               SECTION 2: This Order is effective upon signature
     WHEREAS, the Louisiana Homeland Security and                         and shall continue in effect until amended, modified,
Emergency Assistance and Disaster Act, R.S. 29:721, et                    terminated, or rescinded by the governor, or terminated by
seq., confers upon the governor of the state of Louisiana                 operation of law.
emergency powers to deal with, respond to, or recover from                     IN WITNESS WHEREOF, I have set my hand
emergencies and disasters, including those caused by fire,                officially and caused to be affixed the Great Seal of
flood, earthquakes, or other natural or man-made causes;                  Louisiana, at the Capitol, in the city of Baton Rouge, on this
     WHEREAS, Proclamation No. 48 KBB 2005, issued                        22nd day of August, 2008.
on August 26, 2005, declared a state of emergency for the
state of Louisiana due to Hurricane Katrina’s potential to                                           Bobby Jindal
cause severe storms, high winds, and torrential rain that                                            Governor
could cause flooding and damage to private property and                   ATTEST BY
public facilities, and threaten the safety and security of the            THE GOVERNOR
citizens of Louisiana;                                                    Jay Dardenne
     WHEREAS, Proclamation No. 48 KBB 2005 was                            Secretary of State
                                                                          0809#049
extended by subsequent proclamations, the last of which is
Proclamation No. 47 BJ 2008, due to the extreme damage
                                                                                       EXECUTIVE ORDER BJ 08-57
caused by Hurricane Katrina and the continuation of
emergency/disaster conditions in the most affected areas;                              Commandeering of Property Use
     WHEREAS, pursuant to R.S. 29:724(D)(4), and                                     East of Harvey Floodwall—Phase 2B
subject to applicable requirements for compensation, the
governor may commandeer or utilize any private property if                     WHEREAS, the Louisiana Homeland Security and
he finds this necessary to cope with a disaster or emergency;             Emergency Assistance and Disaster Act, R.S. 29:721, et
     WHEREAS, at the request of the U.S. Army Corps                       seq., confers upon the governor of the state of Louisiana
of Engineers, Jefferson Parish, and East Jefferson Levee                  emergency powers to deal with, respond to, or recover from
District, and upon the recommendation of the Attorney                     emergencies and disasters, including those caused by fire,
General’s Office, the Department of Transportation and                    flood, earthquakes, or other natural or man-made causes;
Development, and the Division of Administration, State                         WHEREAS, Proclamation No. 48 KBB 2005, issued
Land Office, it was determined in Executive Order No. KBB                 on August 26, 2005, declared a state of emergency for the
2006-6, issued on February 10, 2006, that the best interests              state of Louisiana due to Hurricane Katrina’s potential to
of the citizens of the state would be served by                           cause severe storms, high winds, and torrential rain that
commandeering the use of certain property in the parish of                could cause flooding and damage to private property and
Jefferson for the construction and repair of the 17th Street              public facilities, and threaten the safety and security of the
Canal, as further described below;                                        citizens of Louisiana;
     WHEREAS, Executive Order No. KBB 2006-6                                   WHEREAS, Proclamation No. 48 KBB 2005 was
directed the commandeering of the use of certain property                 extended by subsequent proclamations, the last of which is
located in the parish of Jefferson, state of Louisiana, situated          Proclamation No. 47 BJ 2008, due to the extreme damage
in a portion of Section 121 and 122, Township 12 South,                   caused by Hurricane Katrina and the continuation of
Range 11 East, and land extending north into Lake                         emergency/disaster conditions in the most affected areas;
Pontchartrain, containing approximately 10.2 acres, as                         WHEREAS, pursuant to R.S. 29:724(D)(4), and
shown on the map attached as Exhibit A to that Executive                  subject to applicable requirements for compensation, the
Order, entitled "Lake Pontchartrain and Vicinity, New                     governor may commandeer or utilize any private property if
Orleans Plan, Emergency Restoration, 17 Street Canal                      he finds this necessary to cope with a disaster or emergency;
Interim Closure Structure, Exhibit A" and dated January,                       WHEREAS, at the request of the U.S. Army Corps
2006;                                                                     of Engineers, Jefferson Parish, the Department of
     WHEREAS, the            commandeering ordered            by          Transportation and Development, and the West Jefferson
Executive Order No. KBB 2006-6 expressly required the                     Levee District, and upon the concurrence of the Attorney
Louisiana Register Vol. 34, No. 09 September 20, 2008              1806
General’s Office, it was determined in Executive Order No.                seq., confers upon the governor of the state of Louisiana
KBB 2007-5, issued on February 2, 2007, that the best                     emergency powers to deal with, respond to, or recover from
interests of the citizens of the state would be served by                 emergencies and disasters, including those caused by fire,
commandeering the use of certain property in the parish of                flood, earthquakes, or other natural or man-made causes;
Jefferson for the construction of the West Bank and Vicinity,                  WHEREAS, Proclamation No. 48 KBB 2005, issued
Hurricane Protection Project, West of Algiers, Canal,                     on August 26, 2005, declared a state of emergency for the
Contract 2B-Boomtown Casino to Hero Pumping Station,                      state of Louisiana due to Hurricane Katrina’s potential to
East of Harvey Canal Floodwall, File No. H-8-45681,                       cause severe storms, high winds, and torrential rain that
drawings 1 through 5 of 5, dated November 1, 2006 attached                could cause flooding and damage to private property and
to that Executive Order as Exhibit A and drawing 72A, dated               public facilities, and threaten the safety and security of the
January 23, 2007 attached to that Executive Order as Exhibit              citizens of Louisiana;
B;                                                                             WHEREAS, Proclamation No. 48 KBB 2005 was
     WHEREAS, Executive Order No. KBB 2007-5                              extended by subsequent proclamations, the last of which is
directed the commandeering of the use of certain property                 Proclamation No. 47 BJ 2008, due to the extreme damage
located in the parish of Jefferson, state of Louisiana, situated          caused by Hurricane Katrina and the continuation of
in a portion of Section 56, Township 14 South, Range 24                   emergency/disaster conditions in the most affected areas;
East; containing 22.63 acres and labeled “Limits of Required                   WHEREAS, pursuant to R.S. 29:724(D)(4), and
Right-of-Way” and “Staging Area” on the map attached to                   subject to applicable requirements for compensation, the
that Executive Order as Exhibit A, map file no. H-8-45681,                governor may commandeer or utilize any private property if
drawings 1 through 5, dated November 1, 2006 and drawing                  he finds this necessary to cope with a disaster or emergency;
72A, dated January 23, 2007 attached to that Executive                         WHEREAS, at the request of the U.S. Army Corps
Order as Exhibit B;                                                       of Engineers, Southeast Louisiana Flood Protection
     WHEREAS, the            commandeering ordered            by          Authority West Bank, the Department of Transportation and
Executive Order No. KBB 2007-5 expressly required the                     Development, and West Jefferson Levee District, and upon
U.S. Department of the Army to identify and compensate the                the concurrence of the Attorney General’s Office, it was
owners of said property; and                                              determined in Executive Order No. KBB 2007-19, issued on
     WHEREAS, Such compensation has not yet been                          September 24, 2007, that the best interests of the citizens of
made by the U.S. Department of the Army to the property                   the state would be served by commandeering the use of
owners;                                                                   certain property in the parish of Jefferson for the
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                          construction of the West Bank and Vicinity, New Orleans,
the state of Louisiana, by virtue of the authority vested by              Louisiana, Hurricane Protection Project, West of Algiers
the Constitution and the laws of the state of Louisiana, do               Canal, Contract 1 - Sector Gate to Boomtown Casino, East
hereby order and direct as follows:                                       of Harvey Canal Floodwall, Jefferson Parish, Louisiana,
     SECTION 1: Executive Order No. KBB 2007-5 is                         Map File No. H-4-45741, drawings R-1A through R-6A of
hereby renewed and continued in full force and effect until               29, dated August 2, 2007, attached to that Executive Order
such time as the U.S. Department of the Army has                          as Exhibit A;
completed the project or has identified and compensated the                    WHEREAS, Executive Order No. KBB 2007-19
property owners for the taking and use of the property                    directed the commandeering of the use of certain property
commandeered for the project.                                             located in the parish of Jefferson, state of Louisiana, situated
     SECTION 2: This Order is effective upon signature                    in a portion of Section 56, Township 14 South, Range 24
and shall continue in effect until amended, modified,                     East; containing approximately 22 acres and labeled “Limits
terminated, or rescinded by the governor, or terminated by                of Required Rights-of-Way” on the map attached to that
operation of law.                                                         Executive Order as Exhibit A, Map File No. H-4-45741,
     IN WITNESS WHEREOF, I have set my hand                               drawings R-1A through R-6A of 29, dated August 2, 2007;
officially and caused to be affixed the Great Seal of                          WHEREAS, the            commandeering ordered            by
Louisiana, at the Capitol, in the city of Baton Rouge, on this            Executive Order No. KBB 2007-19 expressly required the
22nd day of August, 2008.                                                 U.S. Department of the Army to identify and compensate the
                                                                          owners of said property; and
                            Bobby Jindal                                       WHEREAS, Such compensation has not yet been
                            Governor                                      made by the U.S. Department of the Army to the property
ATTEST BY                                                                 owners;
THE GOVERNOR                                                                   NOW THEREFORE, I, BOBBY JINDAL, Governor of
Jay Dardenne                                                              the state of Louisiana, by virtue of the authority vested by
Secretary of State                                                        the Constitution and the laws of the state of Louisiana, do
0809#050                                                                  hereby order and direct as follows:
                                                                               SECTION 1: Executive Order No. KBB 2007-19 is
             EXECUTIVE ORDER BJ 08-58                                     hereby renewed and continued in full force and effect until
              Commandeering of Property Use                               such time as the U.S. Department of the Army has
        East of Harvey Canal Floodwall—Contract 1                         completed the project or has identified and compensated the
                                                                          property owners for the taking and use of the property
   WHEREAS, the Louisiana Homeland Security and                           commandeered for the project.
Emergency Assistance and Disaster Act, R.S. 29:721, et
                                                                   1807             Louisiana Register Vol. 34, No. 09 September 20, 2008
     SECTION 2: This Order is effective upon signature                  located in the parish of Jefferson, state of Louisiana, situated
and shall continue in effect until amended, modified,                   in a portion of Section 56, Township 14 South, Range 24
terminated, or rescinded by the governor, or terminated by              East; containing approximately 14.3 acres and labeled
operation of law.                                                       “Limits of Required Rights of Way” on the map attached to
     IN WITNESS WHEREOF, I have set my hand                             that Executive Order as Exhibit A, Map File No. H-4-46545,
officially and caused to be affixed the Great Seal of                   drawings 2 through 7 of 7, dated November 27, 2006;
Louisiana, at the Capitol, in the city of Baton Rouge, on this               WHEREAS, the            commandeering ordered            by
22nd day of August, 2008.                                               Executive Order No. KBB 2007-20 expressly required the
                                                                        U.S. Department of the Army to identify and compensate the
                           Bobby Jindal                                 owners of said property; and
                           Governor                                          WHEREAS, Such compensation has not yet been
ATTEST BY                                                               made by the U.S. Department of the Army to the property
THE GOVERNOR                                                            owners;
Jay Dardenne                                                                 NOW THEREFORE, I, BOBBY JINDAL, Governor of
Secretary of State                                                      the state of Louisiana, by virtue of the authority vested by
0809#051                                                                the Constitution and the laws of the state of Louisiana, do
                                                                        hereby order and direct as follows:
                                                                             SECTION 1: Executive Order No. KBB 2007-20 is
             EXECUTIVE ORDER BJ 08-59                                   hereby renewed and continued in full force and effect until
  Commandeering of Property Use—East of Harvey Canal                    such time as the U.S. Department of the Army has
               Floodwall—Contract 2A                                    completed the project or has identified and compensated the
                                                                        property owners for the taking and use of the property
     WHEREAS, the Louisiana Homeland Security and                       commandeered for the project.
Emergency Assistance and Disaster Act, R.S. 29:721, et                       SECTION 2: This Order is effective upon signature
seq., confers upon the governor of the state of Louisiana               and shall continue in effect until amended, modified,
emergency powers to deal with, respond to, or recover from              terminated, or rescinded by the governor, or terminated by
emergencies and disasters, including those caused by fire,              operation of law.
flood, earthquakes, or other natural or man-made causes;                     IN WITNESS WHEREOF, I have set my hand
     WHEREAS, Proclamation No. 48 KBB 2005, issued                      officially and caused to be affixed the Great Seal of
on August 26, 2005, declared a state of emergency for the               Louisiana, at the Capitol, in the city of Baton Rouge, on this
state of Louisiana due to Hurricane Katrina’s potential to              22 day of August, 2008.
cause severe storms, high winds, and torrential rain that
could cause flooding and damage to private property and                                             Bobby Jindal
public facilities, and threaten the safety and security of the                                      Governor
citizens of Louisiana;                                                  ATTEST BY
     WHEREAS, Proclamation No. 48 KBB 2005 was                          THE GOVERNOR
extended by subsequent proclamations, the last of which is              Jay Dardenne
Proclamation No. 47 BJ 2008, due to the extreme damage                  Secretary of State
                                                                        0809#052
caused by Hurricane Katrina and the continuation of
emergency/disaster conditions in the most affected areas;
                                                                                     EXECUTIVE ORDER BJ 08-60
     WHEREAS, pursuant to R.S. 29:724(D)(4), and
subject to applicable requirements for compensation, the                              Commandeering of Property Use
governor may commandeer or utilize any private property if                      East of Harvey Canal Floodwall Contract 3A
he finds this necessary to cope with a disaster or emergency;
     WHEREAS, at the request of the U.S. Army Corps                          WHEREAS, the Louisiana Homeland Security and
of Engineers, Southeast Louisiana Flood Protection                      Emergency Assistance and Disaster Act, R.S. 29:721, et
Authority West Bank, the Department of Transportation and               seq., confers upon the governor of the state of Louisiana
Development, and West Jefferson Levee District, and upon                emergency powers to deal with, respond to, or recover from
the concurrence of the Attorney General’s Office, it was                emergencies and disasters, including those caused by fire,
determined in Executive Order No. KBB 2007-20, issued on                flood, earthquakes, or other natural or man-made causes;
September 24, 2007, that the best interests of the citizens of               WHEREAS, Proclamation No. 48 KBB 2005, issued
the state would be served by commandeering the use of                   on August 26, 2005, declared a state of emergency for the
certain property in the parish of Jefferson for the                     state of Louisiana due to Hurricane Katrina’s potential to
construction of the West Bank and Vicinity, New Orleans,                cause severe storms, high winds, and torrential rain that
Louisiana, Hurricane Protection Project, West of Algiers                could cause flooding and damage to private property and
Canal, Contract 2A - U.S. Minerals to Boomtown Casino,                  public facilities, and threaten the safety and security of the
East of Harvey Canal Floodwall, Jefferson Parish,                       citizens of Louisiana;
Louisiana, Map File No. H-4-46545, drawings 2 through 7                      WHEREAS, Proclamation No. 48 KBB 2005 was
of 7, dated November 27, 2006, attached to that Executive               extended by subsequent proclamations, the last of which is
Order as Exhibit A;                                                     Proclamation No. 47 BJ 2008, due to the extreme damage
     WHEREAS, Executive Order No. KBB 2007-20                           caused by Hurricane Katrina and the continuation of
directed the commandeering of the use of certain property               emergency/disaster conditions in the most affected areas;
Louisiana Register Vol. 34, No. 09 September 20, 2008            1808
     WHEREAS, pursuant to R.S. 29:724(D)(4), and                                        EXECUTIVE ORDER BJ 08-61
subject to applicable requirements for compensation, the
                                                                                Inmate Labor for Construction of Animal Shelter
governor may commandeer or utilize any private property if
                                                                                   B.B. “Sixty” Rayburn Correctional Center
he finds this necessary to cope with a disaster or emergency;
     WHEREAS, at the request of the U.S. Army Corps
                                                                               WHEREAS, R.S. 15:832.1(A)(1) provides that the
of Engineers, Southeast Louisiana Flood Protection
                                                                          governor, upon determining that it is appropriate and in
Authority West Bank, the Department of Transportation and
                                                                          furtherance of the rehabilitation and training of inmates,
Development, and West Jefferson Levee District, and upon
                                                                          may, by executive order, authorize the use of inmates of a
the concurrence of the Attorney General’s Office, it was
determined in Executive Order No. KBB 2007-21, issued on                  penal or correctional facility owned by the state of Louisiana
September 24, 2007, that the best interests of the citizens of            for necessary labor in connection with a particular capital
                                                                          construction project on the grounds of the facility;
the state would be served by commandeering the use of
                                                                               WHEREAS, the Department of Public Safety and
certain property in the parish of Jefferson for the
                                                                          Corrections, Corrections Services, seeks to utilize inmate
construction of the West Bank and Vicinity, New Orleans,
                                                                          labor to assist in the construction of a permanent animal
Louisiana, Hurricane Protection Project, West of Algiers
Canal, Contract 3A - Hero Pumping Station to Algiers                      holding facility on the grounds of the B.B. “Sixty” Rayburn
Canal, East of Harvey Canal Floodwall, Jefferson Parish,                  Correctional Center in Angie, Louisiana; and
                                                                               WHEREAS, the Department of Pubic Safety and
Louisiana, Map File No. H-4-45691, drawing 1 of 3, dated
                                                                          Corrections has advised that the estimated cost of
June 25, 2007 attached to that Executive Order as Exhibit A;
                                                                          construction is below the maximum specified in R.S.
     WHEREAS, Executive Order No. KBB 2007-21
                                                                          15:832.1(A)(1).
directed the commandeering of the use of certain property
located in the parish of Jefferson, state of Louisiana, situated               NOW THEREFORE, I, BOBBY JINDAL, Governor of
in a portion of Section 94, Township 14 South, and Range                  the state of Louisiana, by virtue of the authority vested by
                                                                          the Constitution and the laws of the state of Louisiana, do
24 East; containing approximately 1.1 acres and labeled
                                                                          hereby order and direct as follows:
“Limits of Required Rights-of-Way” on the map attached to
                                                                               SECTION 1: In furtherance of the goals of the state of
that Executive Order as Exhibit A, Map File No. H-4-45691,
drawing 1 of 3, dated June 25, 2007;                                      Louisiana of rehabilitating inmates, reducing recidivism, and
     WHEREAS, the            commandeering ordered            by          reintegrating inmates into society, inmate labor is hereby
                                                                          authorized to complete construction of a permanent animal
Executive Order No. KBB 2007-21 expressly required the
                                                                          holding facility and an emergency animal shelter on the
U.S. Department of the Army to identify and compensate the
                                                                          grounds of the B.B. “Sixty” Rayburn Correctional Center in
owners of said property; and
                                                                          Angie, Louisiana.
     WHEREAS, Such compensation has not yet been
made by the U.S. Department of the Army to the property                        SECTION 2: This Order is effective upon signature and
owners;                                                                   shall continue in effect until amended, modified, terminated,
                                                                          or rescinded by the governor, or terminated by operation of
     NOW THEREFORE, I, BOBBY JINDAL, Governor of
                                                                          law.
the state of Louisiana, by virtue of the authority vested by
                                                                               IN WITNESS WHEREOF, I have set my hand
the Constitution and the laws of the state of Louisiana, do
                                                                          officially and caused to be affixed the Great Seal of
hereby order and direct as follows:
     SECTION 1: Executive Order No. KBB 2007-21 is                        Louisiana, at the Capitol, in the city of Baton Rouge, on this
hereby renewed and continued in full force and effect until               22nd day of August, 2008.
such time as the U.S. Department of the Army has
completed the project or has identified and compensated the
                                                                                                      Bobby Jindal
property owners for the taking and use of the property
commandeered for the project.                                                                         Governor
     SECTION 2: This Order is effective upon signature                    ATTEST BY
                                                                          THE GOVERNOR
and shall continue in effect until amended, modified,
                                                                          Jay Dardenne
terminated, or rescinded by the governor, or terminated by
                                                                          Secretary of State
operation of law.                                                         0809#054
     IN WITNESS WHEREOF, I have set my hand
officially and caused to be affixed the Great Seal of                                   EXECUTIVE ORDER BJ 08-62
Louisiana, at the Capitol, in the city of Baton Rouge, on this
22nd day of August, 2008.                                                        Louisiana Historical Records Advisory Board

                            Bobby Jindal                                       WHEREAS, the evaluation and re-evaluation for
                            Governor                                      historical purposes of the experiences of our nation, states,
ATTEST BY                                                                 communities, and societal groups are dependent on proper
THE GOVERNOR                                                              documentation;
Jay Dardenne                                                                   WHEREAS, the National Historical Publications and
Secretary of State                                                        Records Commission (hereafter “National Commission”)
0809#053                                                                  was created pursuant to 44 U.S.C. § 2501, et seq., to



                                                                   1809              Louisiana Register Vol. 34, No. 09 September 20, 2008
cooperate with, assist, and encourage federal, state, and local           pleasure of, the governor. As much as practicable, Board
agencies and non-governmental institutions, societies, and                members shall be broadly representative of public and
individuals in collecting, preserving, editing, and publishing            private archives, records offices, and research institutions
documents, including the papers of outstanding citizens of                and organizations in the state. The membership of the Board
the United States, that may be important for an in-depth                  shall be selected as follows:
understanding and appreciation of the history of the United                       A. The director of State Archives, or the director’s
States;                                                                   designee;
     WHEREAS, through a program established under 44                              B. Eight (8) members with expertise in one or more
U.S.C. § 2504, based on the recommendation of the National                of the following fields:
Commission, state and local agencies, nonprofit                                     1. Administration of government records;
organizations, institutions, and individuals may receive                            2. Historical records; and
grants from the Archivist of the United States for the                              3. Archives;
collection,     description,     preservation,     compilation,                   C. One (1) representative of the Clerk of Court
publication, and dissemination of records, photographs, and               Association; and
other materials significant to the history of the United States;                  D. Three (3) at-large members.
     WHEREAS, as a prerequisite to a state’s                                   SECTION 4: The director of State Archives shall
participation in the National Commission’s grant program,                 chair the Board and serve as the state historical records
the regulations of the entity which governs the National                  coordinator       (hereafter     “coordinator”).    On      the
Commission, the National Archives and Records                             recommendation of the coordinator, a deputy state historical
Administration, 44 U.S.C. § 2102, et seq., require the state to           records coordinator (hereafter “deputy coordinator”) shall be
establish a historical records advisory board, 36 C.F.R. Part             appointed by, and serve at the pleasure of, the governor.
1206; and                                                                 When practicable, the deputy coordinator shall be selected
     WHEREAS, the interests of the citizens of the state                  from the membership of the Board or the staff of the
of Louisiana would be best served by the continuation of                  coordinator’s agency. The membership of the Board shall
Louisiana Historical Records Advisory Board in order to                   elect all other officers.
coordinate and facilitate the efforts of the historical records                SECTION 5: The duties of the coordinator shall
repositories and other informational agencies within the state            include, but are not limited to, the following:
in the collection, preservation, and publication of the                           A. Preparing a comprehensive written report on the
important historical documents of this state;                             Board’s activities to be submitted annually to the governor
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                          and the National Commission detailing the Board’s activities
the state of Louisiana, by virtue of the authority vested by              during the previous year, assessing the Board’s ongoing
the Constitution and the laws of the state of Louisiana, do               planning objectives, and providing all additional data and/or
hereby order and direct as follows:                                       information necessary to comply with the National
     SECTION 1: The Louisiana Historical Records                          Commission’s Guidelines for State Historical Records
Advisory Board (hereafter "Board") is reestablished within                Coordinators and State Historical Records Advisory Boards
the division of archives, records management, and history,                (hereafter “the National Commission’s guidelines”);
Department of State (hereafter “State Archives”).                                 B. Coordinating the Board’s efforts to assess and
     SECTION 2: The duties of the Board include, but are                  monitor the conditions and needs of historical records in the
not limited to, the following:                                            state;
        A. Sponsoring and publishing surveys of the                               C. Serving as project director or providing
conditions and needs of historical records in this state;                 administrative oversight for any grant projects carried out by
        B. Soliciting and/or developing proposals for                     the Board;
historical records projects to be undertaken by institutions in                   D. Assisting the Board in developing and sustaining
this state or by the Board with grants from the National                  statewide strategic planning, including the development and
Commission;                                                               maintenance of a statement of priorities for historical records
        C. Reviewing historical records projects proposed                 programs in the state, identifying particular priorities for
by institutions in this state and making recommendations                  board action and priorities for grant funding;
thereon to the National Commission;                                               E. Soliciting and receiving applications for National
        D. Developing, revising, and submitting the state’s               Commission-funded grant projects, managing the grant
priorities for historical records projects to the National                review process at the state level, and forwarding rating
Commission in accordance with the guidelines developed by                 sheets and summary recommendations to the National
the National Commission;                                                  Commission;
        E. Promoting an understanding of the role and the                         F. Providing        information      about    National
value of historical records and record-keeping;                           Commission grants and Board activities and priorities to
        F. Acting in an advisory capacity to State Archives               institutions and individuals within the state;
and other statewide archival or records agencies; and                             G. Serving as a liaison between the Board and the
        G. Reviewing, through reports and otherwise, the                  National Commission, and as the initial point of contact for
operation and progress of projects throughout the state                   state and local officials and agencies on matters relating to
which have been financed, in whole or in part, by grants                  records grants;
from the National Commission.                                                     H. Reviewing, upon request by the National
     SECTION 3: The Board shall consist of thirteen (13)                  Commission and when practicable, grant proposals from
members who shall be appointed by, and serve at the

Louisiana Register Vol. 34, No. 09 September 20, 2008              1810
other state historical records boards and applicants from                              EXECUTIVE ORDER BJ 08-63
outside of the state;
                                                                                   Governor’s Advisory Council on Safe and
        I. Fostering cooperation and communication among
                                                                                     Drug-Free Schools and Communities
the historical records repositories, other information
agencies within the state, and the National Commission; and
                                                                               WHEREAS, the use of illicit drugs and firearms
        J. Participating with other state historical records
                                                                          remains a serious and intractable problem in our society;
coordinators in regional and national meetings to discuss the
                                                                               WHEREAS, the United States of America has the
National Commission’s work and the work of the state
                                                                          highest rate of teenage drug use of any industrialized nation;
boards, and to seek solutions to common problems.
     SECTION 6: The duties of the deputy coordinator                           WHEREAS, the tragic consequences of drug use and
shall include, but are not limited to, assisting the coordinator          alcohol abuse by students are felt not only by students and
                                                                          their families, but also by their communities and the nation;
in executing the coordinator’s duties as defined in Section 5
                                                                               WHEREAS, the U.S. Congress finds that one of the
of this Order, and serving as an acting coordinator at the
                                                                          National Education Goals is to provide that every school in
coordinator’s discretion or upon the coordinator’s
                                                                          the United States of America will be free of drugs, violence,
resignation or inability to serve.
     SECTION 7: The Board shall comply with the                           and the unauthorized presence of firearms and alcohol, and
National Commission’s guidelines.                                         will offer a disciplined environment conducive to learning;
                                                                               WHEREAS, the U.S. Congress passed the
     SECTION 8: The Board shall meet at regularly
                                                                          Elementary and Secondary Education Act of 1965 as
scheduled intervals and at the call of the chair.
                                                                          generally amended by the No Child Left Behind Act of
     SECTION 9: Support staff, facilities, and resources
                                                                          2001, which provides state funding in order to mobilize
for the Board shall be provided by State Archives,
Department of State.                                                      schools and local organizations in communities throughout
     SECTION 10:                                                          the nation in a coordinated program of prevention, to bring
                                                                          closer the goal of a drug-free generation, and a drug-free
        A. Board members shall not receive additional
                                                                          society; and
compensation or a per diem from the Office of the Governor
                                                                               WHEREAS, it is in the best interests of the citizens
for serving on the Board.
        B. Board members who are employees or elected                     of the state of Louisiana to continue the coordinated effort of
public officials of the state of Louisiana or a political                 compliance with the Elementary and Secondary Education
                                                                          Act of 1965 as generally amended by the No Child Left
subdivision thereof may seek reimbursement of travel
                                                                          Behind Act of 2001, through the continuance of the
expenses, in accordance with PPM 49, from their employing
                                                                          Governor’s Advisory Council on Safe and Drug-Free
and/or elected department, agency and/or office.
                                                                          Schools and Communities;
        C. Board members who are also members of the
Louisiana Legislature may seek a per diem from the                             NOW THEREFORE, I, BOBBY JINDAL, Governor of
Louisiana State Senate or House of Representatives, as                    the state of Louisiana, by virtue of the authority vested by
                                                                          the Constitution and the laws of the state of Louisiana, do
appropriate, for their attendance.
                                                                          hereby order and direct as follows:
     SECTION 11: All departments, commissions, boards,
                                                                               SECTION 1: The Governor’s Advisory Council on
offices, entities, agencies, and officers of the state of
                                                                          Safe and Drug-Free Schools and Communities (hereafter
Louisiana, or any political subdivision thereof, are
authorized and directed to cooperate with the Council in                  “Council”) is hereby reestablished and recreated within the
implementing the provisions of this Order.                                executive department, Office of Safe and Drug Free Schools,
                                                                          Office of the Governor.
     SECTION 12: This Order is effective upon signature
                                                                               SECTION 2: The duties of the Council shall include,
and shall continue in effect until amended, modified,
                                                                          but are not limited to, the following:
terminated, or rescinded by the governor, or terminated by
operation of law.                                                                 A. Assisting in setting priorities for the Safe and
     IN WITNESS WHEREOF, I have set my hand                               Drug-Free Schools and Communities Act program for the
                                                                          state of Louisiana;
officially and caused to be affixed the Great Seal of
                                                                                  B. Contributing to the design of, and requests for,
Louisiana, at the Capitol, in the city of Baton Rouge, on this
                                                                          proposals and/or grants;
22nd day of August, 2008.
                                                                                  C. Reviewing and making recommendations on
                            Bobby Jindal                                  proposals and/or grants; and
                            Governor                                              D. Recommending dispositions on contracts in the
                                                                          case of non-complying agencies.
ATTEST BY
                                                                               SECTION 3: The Council shall be composed of
THE GOVERNOR
                                                                          thirteen (13) at-large members, who shall be appointed by,
Jay Dardenne
                                                                          and serve at the pleasure of, the governor. The governor
Secretary of State
0809#055                                                                  shall appoint the chair of the Council. All other officers, if
                                                                          any, shall be selected by the members of the Council from
                                                                          the membership.




                                                                   1811             Louisiana Register Vol. 34, No. 09 September 20, 2008
     SECTION 4:                                                                  B. Nothing in this Order shall be applied in a manner
       A. Council members shall not receive additional                   which violates, or is contrary to, the Fair Labor Standards
compensation or a per diem from the Office of the Governor               Act (hereafter "FLSA"), the Family and Medical Leave Act,
for serving on the Council.                                              or any other applicable federal or state law, rule, or
       B. Council members who are employees or elected                   regulation.
public officials of the state of Louisiana or a political                     SECTION 2: Definitions:
subdivision thereof may seek reimbursement of travel                          Unless the context of this Order clearly indicates
expenses, in accordance with PPM 49, from their employing                otherwise, the words and terms usedin this Order shall be
and/or elected department, agency and/or office.                         defined as follows:
       C. Council members who are also members of the                            A. "Annual leave" means leave with pay granted to
Louisiana Legislature may seek a per diem from the                       an officer or employee for the purpose of rehabilitation,
Louisiana State Senate or House of Representatives, as                   restoration, or maintenance of work efficiency, or the
appropriate, for their attendance.                                       transaction of personal affairs.
     SECTION 5: Support staff, facilities, and resources                         B. "Appointing authority" means the agency,
for the Council shall be provided by the Office of Safe and              department, board, or commission, or the officers and
Drug-Free Schools, Office of the Governor.                               employees thereof, authorized by statute or lawfully
     SECTION 6: All departments, commissions, boards,                    delegated authority to make appointments to positions in
offices, entities, agencies, and officers of the state of                state service.
Louisiana, or any political subdivision thereof, are                             C. "Compensatory leave" means time credited for
authorized and directed to cooperate with the Council in                 hours worked outside the regularly assigned work schedule.
implementing the provisions of this Order.                                       D. "Continuing position" means an office or position
     SECTION 7: This Order is effective upon signature                   of employment with the state which reasonably can be
and shall continue in effect until amended, modified,                    expected to continue for more than one (1) calendar year or
terminated, or rescinded by the governor, or terminated by               twelve (12) consecutive months.
operation of law.                                                                E. "Educational leave" means leave that may be
     IN WITNESS WHEREOF, I have set my hand                              granted by an appointing authority to an officer or employee
officially and caused to be affixed the Great Seal of                    for a limited educational purpose in accordance with the
Louisiana, at the Capitol, in the city of Baton Rouge, on this           uniform rules developed by the commissioner of
22nd day of August, 2008.                                                administration. "Educational leave with pay" is a subclass of
                                                                         educational leave and is for the purpose of attending an
                                                                         accredited educational institution to receive formalized
                           Bobby Jindal                                  training which will materially assist the officer or employee
                           Governor                                      in performing the type of work performed by the officer or
ATTEST BY                                                                employee’s department.
THE GOVERNOR                                                                     F. "Duty for military purposes" means the
Jay Dardenne                                                             performance of continuous and uninterrupted military duty
Secretary of State                                                       on a voluntary or involuntary basis and includes active duty,
0809#056                                                                 active duty for training, initial active duty for training, full-
                                                                         time National Guard duty, annual training, and inactive duty
             EXECUTIVE ORDER BJ 08-64                                    for training (weekend drills).
    Rules and Policies on Leave for Unclassified Service                         G. "Intermittent employee" means a person
                                                                         employed in state service who is not hired to work on a
     WHEREAS, no permanent rules or policies on                          regularly scheduled basis.
annual, compensatory, sick, special, military, and other leave                   H. "Leave without pay" and/or "leave of absence
exist for certain officers and employees who are in the                  without pay" means a period of leave or time off from work
unclassified service of the state;                                       granted by the appointing authority, or the appointing
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                         authority’s designee, for which the officer or employee
the state of Louisiana, by virtue of the authority vested by             receives no pay.
the Constitution and the laws of the state of Louisiana, do                      I. "Overtime hour" means an hour worked at the
hereby order and direct as follows:                                      direction of the appointing authority, or the appointing
     SECTION 1: Applicability:                                           authority’s designee, by an unclassified officer or employee
       A. The rules and policies established by this Order               who is serving in a position which earns compensatory
shall be applicable to all officers and employees in the                 leave:
unclassified service of the executive branch of the state of                       1. On a day which is observed as a holiday in the
Louisiana with the exception of elected officials and their              department and area of the officer or employee’s
officers and employees, and the officers and employees of a              employment and falls on a day within the workweek, or is
system authorized by the Louisiana Constitution or                       observed as a designated holiday in lieu of a regular holiday
legislative act to manage and supervise its own system.                  observed in the department;
Elected officials of the executive branch may adopt the rules                      2. In excess of the regular duty hours in a
and policies set forth in this Order to govern the unclassified          regularly scheduled workday;
officers and employees within their department.                                    3. In excess of the regular duty hours in a
                                                                         regularly scheduled workweek;

Louisiana Register Vol. 34, No. 09 September 20, 2008             1812
          4. In excess of forty (40) hours worked during                 Louisiana Constitution of 1974, which are not positions in
any regularly recurring and continuous seven (7) day                     the classified service.
calendar work period where excessive hours are                                SECTION 3: Full-time Employees:
systematically scheduled;                                                     For each full-time unclassified officer or employee,
          5. In excess of eighty (80) hours worked during                each appointing authority shall establish administrative work
any regularly recurring and continuous fourteen (14) day                 weeks of not less than forty (40) hours per week.
calendar work period where excessive hours are                                SECTION 4: Granting Leave:
systematically scheduled;                                                        A. At the discretion of their appointing authority, or
          6. In excess of the hours worked in a regularly                the appointing authority’s designee, unclassified officers and
established, continuous, and regularly recurring work period             employees may be granted time off for vacations, illnesses,
where hours average forty (40) hours per week, regardless of             and emergencies.
the manner in which scheduled; or                                                B. At the discretion of their appointing authority, or
          7. For the hours an officer or employee works on               the appointing authority’s designee, an unclassified officer or
a day in which a department or division thereof is closed due            employee may, for disability purposes, be granted annual
to an emergency, within the meaning of R.S. 1:55(B)(5).                  leave, leave without pay, or sick leave.
        J. "Regular tour of duty" means an established                        SECTION 5: Earning of Annual and Sick Leave:
schedule of work hours and days recurring regularly on a                         A. Annual and sick leave shall not be earned by the
weekly, biweekly, or monthly basis for full-time or part-time            following persons:
unclassified officers or employees.                                               1. Members of boards, commissions, or
        K. "Seasonal employee" means a person employed                   authorities;
on a non-continuous basis for a recognized peak work load                         2. Student employees, as defined under Civil
project.                                                                 Service Rules;
        L. "Sick leave" means leave with pay granted to an                        3. Temporary,          intermittent,    or     seasonal
officer or employee who is unable to perform their usual                 employees; and
duties and responsibilities due to illness, injury, or other                      4. Part-time employees of the executive
disability, or when the officer or employee requires medical,            department, Office of the Governor.
dental, or optical consultation or treatment.                                    B. The earning of annual and sick leave shall be
        M. "State service" means employment in the                       based on the equivalent of years of full time state service and
executive branch of state government, including state                    shall be credited at the end of each calendar month, or at the
supported schools, agencies and universities; public parish              end of each regular pay period, in accordance with the
school systems; public student employment; membership on                 following general schedule:
a public board or commission; and employment in the                               1. Less than three (3) years of service, at the rate
legislative and judicial branches. To constitute state service,          of .0461 hour of annual leave and .0461 hour of sick leave
the service or employment must have been performed for a                 for each hour of regular duty;
Louisiana public entity. Contract service does not constitute                     2. Three (3) or more years but less than five (5)
state service.                                                           years of service, at the rate of .0576 hour of annual leave and
        N. "Temporary employee" means any person, other                  .0576 hour of sick leave for each hour of regular duty;
than an unclassified appointee, who is continuously                               3. Five (5) or more years but less than ten (10)
employed in the unclassified service of the executive branch             years of service, at the rate of .0692 hour of annual leave and
for a period which does not exceed and is not reasonably                 .0692 hour of sick leave for each hour of regular duty;
expected to exceed one (1) year or twelve (12) consecutive                        4. Ten (10) or more years but less than fifteen
calendar months.                                                         (15) years of service, at the rate of .0807 hour of annual
        O. "Unclassified appointee," a subclass of officers              leave and .0807 hour of sick leave for each hour of regular
and employees in the unclassified service of the executive               duty; and
branch, means certain unclassified officers who are                               5. Fifteen (15) or more years of service, at the
appointed 1) by the governor to serve on the governor’s                  rate of .0923 hour of annual leave and .0923 hour of sick
executive staff, the governor’s cabinet, and the executive               leave for each hour of regular duty.
staff of the governor’s cabinet, or to serve as the head of a                 For purposes of this Section, an unclassified appointee
particular agency; 2) by a cabinet member to serve on the                shall only accrue sick and annual leave on the basis of a
cabinet member’s executive staff; 3) by thesuperintendent of             forty (40) hour work week. Unclassified appointees shall
the Department of Education to serve on the                              earn annual and sick leave based on their equivalent years of
superintendent’s executive staff; 4) by an elected official in           full-time state service in accordance with the following
the executive branch who has adopted the rules and policies              general schedule.
set forth in this Order, to serve on the elected official’s                       1. Less than three (3) years of service, at the rate
executive staff; or 5) by the secretary of the Department of             of twelve (12) days per year each for annual and sick leave;
Economic Development to serve in the unclassified service                         2. Three (3) or more years but less than five (5)
in the Office of Business Development. An unclassified                   years of service, at the rate of fifteen (15) days per year each
appointee shall be on duty and available to serve and in                 for annual and sick leave;
contact with their appointing authority throughout the term                       3. Five (5) or more years but less than ten (10)
of their appointment except when on leave.                               years of service, at the rate of eighteen (18) days per year
        P. "Unclassified service" means those positions of               each for annual and sick leave;
state service as defined in Article X, Sections 2 and 42 of the

                                                                  1813             Louisiana Register Vol. 34, No. 09 September 20, 2008
          4. Ten (10) or more years but less than fifteen                        A. Sick leave with pay shall be used by an
(15) years of service, at the rate of twenty-one (21) days per           unclassified officer or employee who has accrued sick leave,
year each for annual and sick leave; and                                 when an illness or injury prevents the officer or employee
          5. Fifteen (15) or more years of service, at the               from reporting to duty, or when medical, dental, or optical
rate of twenty-four (24) days per year each for annual and               consultation or treatment is attended. Nonetheless, an
sick leave.                                                              unclassified appointee shall apply for use of, or use, sick
     For purposes of this Section, contract service does not             leave when the appointee is unavailable or mentally or
constitute either fulltime or part-time state service and                physically unable to serve their appointing authority as a
cannot be used to determine, and has no effect upon, the rate            result of voluntary or involuntary conditions.
at which annual leave and sick leave is earned by, accrued                       B. A medical certificate is not required for an
by, or credited to a full-time or part-time officer or employee          unclassified officer or employee to use accrued sick leave,
in unclassified state service.                                           but the appointing authority, or the appointing authority’s
        C. No unclassified officer or employee shall be                  designee, has discretion to require such a certificate as
credited with annual or sick leave:                                      justification for an absence.
          1. For any overtime hour(s);                                           C. Sick leave shall not be charged for non-work
          2. For any hour(s) of leave without pay, except as             days, or for non-regular tour of duty hours.
set forth in Section 17 of this Order;                                           D. The minimum charge to sick leave records shall
          3. For any hour(s) of on-call status outside the               be in increments of not less than one-tenth (.1) of an hour, or
officer or employee’s regular duty hour(s);                              six (6) minutes.
          4. For any hour(s) of travel or other activity                         E. Sick leave with pay shall only be granted after it
outside the officer or employee’s regular duty hours; or                 has been accrued by an unclassified officer or employee.
          5. For any hour(s) of a holiday or other non-work              Sick leave with pay shall not be advanced.
day which occurs while on leave without pay, except as set                       F. An appointing authority, or the appointing
forth in Section 17 of this Order.                                       authority’s designee, has discretion to place an unclassified
     SECTION 6: Carrying Annual and Sick Leave                           officer or employee on sick leave after an officer or
Forward:                                                                 employee asserts the need to be absent from work due to an
     Accrued unused annual and sick leave earned by an                   injury or illness.
unclassified officer or employee shall be carried forward to                  SECTION 9: Transfer of Annual and Sick Leave:
succeeding calendar years without limitation.                                    A. A classified or unclassified officer or employee
     SECTION 7: Use of Annual Leave:                                     shall have all accrued annual and sick leave credited to them
        A. An unclassified officer or employee shall apply               when the officer or employee transfers without a break in
for use of annual leave, but it may be used only with the                state service into a position covered by this Order.
approval of the appointing authority, or the appointing                          B. An officer or employee shall have all
authority’s designee.                                                    accumulated annual and sick leave, to the extent that it was
        B. An unclassified officer or employee shall apply               earned, credited to them when the officer or employee
for use of, and use, annual leave, compensatory leave, or                transfers without a break in service from a department not
leave without pay when unavailable to serve their appointing             covered by this Order into a department covered by this
authority as a result of voluntary or involuntary conditions,            Order.
such as personal vacations or trips unrelated to the officer or                  C. When an unclassified officer or employee
employee’s duties; performing political activities during                transfers without a break in service to a position covered by
regular tour of duty hours; or performing for compensation               other leave rules of the state, the officer or employee’s
non-appointment related activities, duties, or work during               accrued annual and sick leave shall be transferred to the new
regular tour of duty hours.                                              employing state department or agency. The new employing
        C. Annual leave shall not be charged for non-work                department or agency shall either hold the annual and sick
days and/or non-regular tour of duty hours.                              leave in abeyance or integrate the leave into its own system.
        D. The minimum charge to annual leave records                    The officer or employee’s accumulated leave shall not be
shall be in increments of not less that one-tenth (.1) of an             reduced during such integration.
hour, or six (6) minutes.                                                     SECTION 10: Disbursement of Accrued Annual Leave
        E. An appointing authority, or the appointing                    Upon Separation:
authority’s designee, may require an unclassified officer or                     A. Upon the resignation, death, removal, or other
employee to use their accrued annual leave whenever such                 final termination from state service of an unclassified officer
an action is determined by the appointing authority, or the              or employee, the officer or employee’s accrued annual leave
appointing authority’s designee, to be in the best interest of           shall be paid in a lump sum, up to a maximum of three
the department.                                                          hundred (300) hours, disregarding any final fraction of an
     When such an instance occurs, no unclassified officer or            hour. The payment shall be computed as follows:
employee shall be required to reduce their accrued annual                          1. When the officer or employee is paid on an
leave to less than two hundred forty (240) hours except:                 hourly basis, the regular hourly rate that the officer or
          1. When granted leave without pay, but subject to              employee received at the time of termination from state
the military leave provision of Section 17 of this Order; or             service shall be multiplied by the number of hours of their
          2. When the absence from work is due to a                      accrued annual leave, which number is not to exceed three
condition covered by the Family and Medical Leave Act.                   hundred (300) hours; or
     SECTION 8: Use of Sick Leave:

Louisiana Register Vol. 34, No. 09 September 20, 2008             1814
          2. When the officer or employee is paid on other             exempt from the FLSA shall be compensated for such
than an hourly basis, the officer or employee’s hourly rate            overtime in accordance with the FLSA.
shall be determined by converting the salary the officer or                    C. No unclassified officer or employee who sets his
employee received at the time of termination from service              own work schedule shall be eligible to earn compensatory
into a working hourly rate. The converted hourly rate shall            leave. However, for overtime work which the appointing
be multiplied by the number of hours of their accrued annual           authority judges to be extraordinary and which the
leave, which number is not to exceed three hundred (300)               appointing authority closely monitors, the appointing
hours.                                                                 authority may grant compensatory leave to such an
        B. An unclassified officer or employee who is paid             unclassified officer or employee.
for accrued annual leave upon termination from service and                     D. If an appointing authority permits the earning of
who is subsequently re-employed in a leaveearning                      compensatory leave to an FLSA-exempt unclassified officer
classified or unclassified position shall reimburse the state          or employee, then the amount of such leave shall be equal to,
service, through the employing agency, for the number of               and not in excess of, the number of extra hours such an
hours the officer or employee was paid which exceeded the              officer or employee is required to work.
number of work hours that transpired during the officer or                     E. When earned, compensatory leave shall be
employee’s break from state service. In turn, the officer or           promptly credited to the unclassified officer or employee
employee shall receive a credit for the number of hours of             and, upon the approval of the appointing authority or the
annual leave for which the officer or employee made                    appointing authority’s designee, it may be used by the officer
reimbursement to state service.                                        or employee at a future time.
     SECTION 11: Disbursement of Accrued Sick Leave                         SECTION 14: Use            and       Disbursement       of
Upon Separation:                                                       Compensatory Leave While in Service:
     An unclassified officer or employee shall not receive                     A. An unclassified officer or employee who is not
payment, directly or in kind, for any accrued sick leave               exempt from the FLSA shall be paid in cash for any
remaining at the time of their termination from unclassified           overtime hours worked in excess of the maximum balance
service.                                                               allowed by the FLSA.
     SECTION 12: Continuance of Annual and Sick Leave:                         B. At the discretion of the appointing authority, an
     An unclassified officer or employee shall receive credit          unclassified officer or employee may be paid in cash for any
for all accrued unpaid annual leave and all unused sick leave          compensatory leave earned at the hour for hour rate in
upon re-employment by the state in the unclassified service            excess of three hundred sixty (360) hours. However, an
within a period of five (5) years from date of their                   appointing authority, with approval of the commissioner of
termination from state service if the officer or employee’s            administration, may authorize cash payments for any
re-employment occurs during the effective period of this               compensatory hours earned by officers or employees holding
Order.                                                                 non-management disaster recovery related positions.
     SECTION 13: Compensatory Leave:                                           C. An appointing authority may require an
        A. Compensatory leave shall not be earned by the               unclassified officer or employee to use their earned
following persons:                                                     compensatory leave at any time.
          1. Unclassified appointees;                                       SECTION 15: Disbursement                 of       Accrued
          2. Student employees, as defined under the Civil             Compensatory Leave Upon Separation:
Service Rules;                                                                 A. hen an unclassified officer or employee transfers
          3. Temporary,       intermittent,   or     seasonal          without a break in service to another department within state
employees;                                                             service, at the discretion of the new appointing authority, the
          4. Members of boards, commissions, or                        new department may credit accrued compensatory leave to
authorities;                                                           the transferring officer or employee.
          5. The executive director or equivalent chief                        B. When the unclassified officer or employee, who
administrative officer of all boards, commissions, and                 is not exempt from the FLSA, separates from state service or
authorities operating within the executive branch who are              transfers from the department in which the officer or
appointed by a board, commission, or authority; and                    employee earned compensatory leave to a department not
          6. Other officers of the state who are appointed             crediting the officer or employee with the accrued balance of
by the governor, including members of boards, commissions,             compensatory leave, the accrued compensatory leave shall
and/or authorities; and                                                be paid at the higher of the following rates:
          7. Part-time employees of the executive                                1. The average regular rate of pay received by the
department, Office of the Governor.                                    officer or employee during the last three (3) years of his or
        B. Compensatory leave may be earned when an                    her employment; or
appointing authority, or the appointing authority’s designee,                    2. The final regular rate of pay received by the
requires an unclassified officer or employee in a                      officer or employee.
compensatory leave earning position to work on a holiday or                    C. When an unclassified officer or employee, who is
at a time that the officer or employee is not regularly                exempt from the FLSA, separates from state service or
required to be on duty. At the discretion of the appointing            transfers from the department in which the officer or
authority, compensatory leave may be granted for such                  employee earned compensatory leave to a department not
overtime hours worked outside the regularly assigned work              crediting the officer or employee with the accrued balance of
schedule or on holidays. However, officers or employees                compensatory leave, the accrued compensatory leave, if
                                                                       paid, shall be paid at the higher of the following rates:

                                                                1815             Louisiana Register Vol. 34, No. 09 September 20, 2008
          1. The average regular rate of pay received by the              granted a leave of absence without loss of pay or use of
officer or employee during the last three (3) years of his or             accrued leave for a period of up to twelve (12) days per year.
her employment; or                                                             SECTION 17: Military Leave:
          2. The final regular rate of pay received by the                       A. An unclassified officer or employee serving in a
officer or employee.                                                      position that earns annual and sick leave who is a member of
     SECTION 16: Special Leave:                                           a reserve component of the armed forces of the United States
       A. An unclassified officer or employee who is                      and called to duty for military purposes, or who is a member
serving in a position that earns annual and sick leave shall be           of a National Guard unit called to active duty as a result of a
given time off, without loss of pay, annual leave, or sick                non-local or nonstate emergency, shall be granted a leave of
leave when:                                                               absence from a state position without loss of pay or
          1. Performing state or federal grand or petit jury              deduction of leave for a period not to exceed fifteen (15)
duty;                                                                     working days per calendar year (hereafter "military leave
          2. Appearing as a summoned witness before a                     with pay"). In addition, an appointing authority may grant
court, grand jury, or other public body or commission;                    annual leave, compensatory leave, leave without pay, or any
          3. Performing emergency civilian duty in relation               combination thereof, for a period in excess of fifteen (15)
to national defense;                                                      working days per calendar year, in accordance with this
          4. Voting in a primary, general, or special election            Order and/or as required by state and/or federal law.
which falls on the officer or employee’s scheduled work day,                     B. An unclassified officer or employee who is a
provided not more than two (2) hours of leave shall be                    member of a reserve competent of the armed forces of the
allowed an officer or employee to vote in the parish of                   United States or a National Guard unit, ordered and/or called
employment, and not more than one (1) day of leave shall be               to duty for military purposes, shall give prompt notice of the
allowed an officer or employee to vote in another parish;                 duty to their appointing authority, or the appointing
          5. Participating in a state civil service                       authority’s designee.
examination on a regular work day, or taking a required                        SECTION 18: Other Leave:
examination pertinent to the officer or employee’s state                       An unclassified officer or employee serving in a
employment before a state licensing board;                                position that earns annual and sick leave may be eligible to
          6. The appointing authority determines an act of                use the following additional types of leave:
God prevents the performance of the duties of the officer or                     A. Optional Leave with Pay:
employee;                                                                        An unclassified officer or employee who is absent
          7. The appointing authority determines that, due                from work due to a disability for which the officer or
to local conditions or celebrations, it is impracticable for the          employee is entitled to receive worker’s compensation
officer or employee to work in the locality;                              benefits, may use accrued sick or annual leave to receive
          8. The officer or employee is ordered to report for             combined leave and worker’s compensation payments equal
a pre-induction physical examination incident to possible                 to, and, in an amount not to exceed, the officer or
entry into the armed forces of the United States;                         employee’s regular salary.
          9. The officer or employee is a member of the                          B. Law Enforcement Disability Leave:
National Guard and is ordered to active duty incidental to a                     When an unclassified officer or employee in law
local emergency, an act of God, a civil or criminal                       enforcement becomes disabled while in the performance of a
insurrection, a civil or criminal disobedience, or a similar              duty of a hazardous nature which results in their being
occurrence of an extraordinary and emergency nature which                 unable to perform their usual or normal duties, the disabled
threatens or affects the peace or property of the people of the           officer or employee’s appointing authority may, with the
state of Louisiana or the United States;                                  approval of the commissioner of administration, grant the
        10. The officer or employee is engaged in the                     disabled officer or employee a leave of absence with full pay
representation of a pro-bono client in a civil or criminal                during the period of such disability without charge against
proceeding pursuant to an order of a court of competent                   accrued sick or annual leave, provided the officer or
jurisdiction;                                                             employee pays to the employing department all amounts of
         11. The officer or employee is a current member of               weekly worker’s compensation benefits received by the
Civil Air Patrol and, incident to such membership, is ordered             officer or employee during that period of leave with full pay.
to perform duty with troops or participate in field exercises                    C. Funeral Leave:
or training, except that such leave shall not exceed fifteen                     An unclassified officer or employee may, at the
(15) working days in any one (1) calendar year and shall not              discretion of the appointing authority, be granted leave
be used for unit meetings or training conducted during such               without loss of pay, or use of accrued leave to attend the
meetings.                                                                 funeral, burial, or last rites of a spouse, parent, step-parent,
       B. At the discretion of their appointing authority, an             child, step-child, brother, step-brother, sister, step-sister,
unclassified officer or employee who is not serving in a                  mother-in-law, father-inlaw, grandparent, grandchild, or any
position which earns annual or sick leave, but who is                     other person that the officer or employee’s appointing
regularly employed by the state of Louisiana in the executive             authority deems appropriate, provided such leave shall not
branch within the meaning of R.S. 23:965(B) and who is                    exceed a period of two (2) days for any single occurrence.
called to serve or is serving on a state or federal grand or              Whenever possible, prior notice of the need to take such
petit jury during regular tour of duty hours, may, in                     leave shall be given by the officer or employee to the
conjunction with the provisions of R.S. 23:965(B), be                     appointing authority. At all other times, the officer or


Louisiana Register Vol. 34, No. 09 September 20, 2008              1816
employee shall give notice of the need to take such leave at                     B. An unclassified officer or employee in state
the time it is taken.                                                    service in a compensatory leave earning or part-time
        D. Educational Leave:                                            position may, at the discretion of their appointing authority,
          1. An appointing authority may grant an                        receive additional compensation when required to work on
unclassified officer or employee educational leave without               an observed holiday.
pay for an approved educational purpose, for a maximum                           C. When an unclassified officer or employee is on
period of twelve (12) months, in accordance with the rules               leave without pay during the period immediately preceding
developed by the commissioner of administration.                         and following an observed holiday, that officer or employee
Consecutive periods of leave without pay may be granted to               shall not receive compensation for that holiday unless the
the officer or employee by the appointing authority.                     holiday is worked by the officer or employee.
          2. Upon the approval of the commissioner of                         SECTION 21: Record Keeping:
administration and in accordance with the rules developed                        A. Leave records shall be maintained for all
by the commissioner of administration, an appointing                     unclassified appointees. Daily attendance and leave records
authority may grant an unclassified officer or employee                  shall be maintained for all other unclassified officers and
educational leave with pay for a maximum period of thirty                employees who are eligible to accrue or use annual, sick
(30) calendar days during one (1) calendar year. Upon the                and/or compensatory leave.
approval of the commissioner of administration and in                            B. An accrued balance of unused annual,
accordance with the rules developed by the commissioner of               compensatory, and/or sick leave shall be held in abeyance
administration, an appointing authority may grant an                     for an officer or employee who becomes ineligible to earn
unclassified officer or employee educational leave with pay              and/or use the particular type of leave pursuant to the terms
for a maximum of ninety (90) calendar days during one (1)                of this Order. The accrued balance(s) shall be available to
calendar year if, in addition to the general prerequisites               the officer or employee, in accordance with the provisions of
necessary for qualification for educational leave with pay,              this Order, when he or she again becomes eligible to earn
the educational instruction or training to be taken by the               and/or use said leave, or when he or she separates from state
officer or employee is also necessary to, or will substantially          service.
aid, the administration of the state agency.                                  SECTION 22: Compliance:
          3. In accordance with the rules developed by the                       A. All departments, commissions, boards, agencies,
commissioner of administration, an appointing authority                  and officers or employees of the state, or any political
may grant a stipend to an unclassified officer or employee               subdivision thereof within the executive branch of state
who has been granted educational leave if 1) funds are                   government effected by this Order shall comply with, be
available for such purposes, 2) the commissioner of                      guided by, and cooperate in the implementation of the
administration approves the stipend, and 3) the                          provisions of this Order.
commissioner of administration finds the stipend will be                         B. The head of each department shall be responsible
used for a proper, designated purpose and its proper use is              for deciding the extent to which the discretionary provisions
clearly supported with appropriate documentation.                        of this Order shall be implemented within their department.
     SECTION 19: Leave of Absence Without Pay:                                SECTION 23: Effective Dates:
        A. An appointing authority may extend a leave of                      Unless specifically designated otherwise, upon signature
absence without pay to an unclassified officer or employee               of the governor, the provisions of this Order shall be
for a period not to exceed one (1) year, provided that such              applicable to all current and future unclassified officers and
leave shall not prolong the period of the officer or                     employees and, as to current officers and employees, be
employee’s appointment or employment in state service.                   retroactive to noon on January 14, 2008. Any rights accrued
        B. If an unclassified officer or employee fails to               to unclassified officers and employees prior to December 31,
report for, or refuses to be restored to, duty in pay status on          2007, pursuant to the provisions of Executive Order No.
the first working day following the expiration of an                     KBB 2006-30, shall not be adversely affected by the
approved leave of absence without pay, or at an earlier date             retroactive application of this Order.
upon reasonable and proper notice from the appointing                         The provisions of this Order shall remain in effect until
authority or the appointing authority’s designee, then the               amended, modified, terminated, or rescinded by the
officer or employee shall be considered as having deserted               governor, or until terminated by operation of law.
their position of appointment or employment.                                  IN WITNESS WHEREOF,              I have set my hand
        C. At the discretion of the appointing authority, or at          officially and caused to be affixed the Great Seal of
the request of the unclassified officer or employee, a period            Louisiana, at the Capitol, in the city of Baton Rouge, on this
of leave of absence without pay that has been extended to an             22nd day of August, 2008.
officer or employee may be credited, provided such
curtailment is in the best interest of state service and                                             Bobby Jindal
reasonable and proper notice thereof is furnished to the                                             Governor
officer or employee.                                                     ATTEST BY
     SECTION 20: Holidays:                                               THE GOVERNOR
        A. Holidays shall be observed as provided in R.S.                Jay Dardenne
1:55 and by proclamation issued by the governor.                         Secretary of State
                                                                         0809#057




                                                                  1817              Louisiana Register Vol. 34, No. 09 September 20, 2008
             EXECUTIVE ORDER BJ 08-65                                          WHEREAS, an inclusive economic development
                                                                          initiative for all state agencies aimed at developing and
        Community Development Block Grant Funds
                                                                          enhancing opportunities for small and emerging businesses
                                                                          will successfully promote the state goal of wealth creation
     WHEREAS, the            Housing       and    Community               and poverty reduction;
Development Act of 1974, 42 U.S.C.A. §5301, et seq., as
                                                                               WHEREAS, the success of small and emerging
amended, authorizes the state of Louisiana to receive and
                                                                          businesses will ultimately enhance the stability of
administer Community Development Block Grant (hereafter
                                                                          Louisiana’s economy by providing opportunities for self-
“CDBG”) funds for “nonentitlement areas”, which are also
                                                                          sufficiency, wealth creation, retention, and job growth; and
known as “small cities”;                                                       WHEREAS, the interest of the citizens of the state of
     WHEREAS, to receive these funds, a state must                        Louisiana would best be served by the expansion of business
prepare a single consolidated plan and take responsibility for
                                                                          development programs that will encourage the continued
any funds distributed pursuant to the plan; and
                                                                          growth of small and emerging business;
     WHEREAS, the Division of Administration is both a
                                                                               NOW THEREFORE, I, BOBBY JINDAL, Governor of
fiscal and an administrative arm of the executive branch of
                                                                          the state of Louisiana, by virtue of the authority vested by
the state of Louisiana;                                                   the Constitution and the laws of the state of Louisiana, do
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                          hereby order and direct consistent with Act 440 of the
the state of Louisiana, by virtue of the authority vested by
                                                                          Regular Session of the Louisiana Legislature as follows:
the Constitution and the laws of the state of Louisiana, do
                                                                               SECTION 1: All departments, commissions, boards,
hereby order and direct as follows:
                                                                          offices, entities, agencies, and offices of the state of
     SECTION 1: The Division of Administration shall
                                                                          Louisiana, or any political subdivision thereof, shall include
continue to be the recipient of CDBG funds.                               small and emerging businesses in the business offerings
     SECTION 2: The            Office       of    Community               available for state procurement and public contracts.
Development, within the Division of Administration, shall
                                                                               SECTION 2: All departments, commissions, boards,
administer the CDBG funds in accordance with the terms of
                                                                          offices, entities, agencies, and officers of the state of
the single consolidated plan.
                                                                          Louisiana, or any political subdivision thereof, are
     SECTION 3: This Order is effective upon signature                    authorized and directed to cooperate with implementing the
and shall continue in effect until amended, modified,                     provisions of this Order.
terminated, or rescinded by the governor, or terminated by
                                                                               SECTION 3: This Order is effective upon signature
operation of law.
                                                                          and shall continue in effect until amended, modified,
     IN WITNESS WHEREOF, I have set my hand
                                                                          terminated, or rescinded by the governor, or terminated by
officially and caused to be affixed the Great Seal of
                                                                          operation of law.
Louisiana, at the Capitol, in the city of Baton Rouge, on this                 IN WITNESS WHEREOF, I have set my hand
22nd day of August, 2008.                                                 officially and caused to be affixed the Great Seal of the state
                                                                          of Louisiana, at the Capitol, in the city of Baton Rouge, on
                                                                          this 22nd day of August, 2008.
                            Bobby Jindal
                            Governor
                                                                                                     Bobby Jindal
ATTEST BY                                                                                            Governor
THE GOVERNOR                                                              ATTEST BY
Jay Dardenne
                                                                          THE GOVERNOR
Secretary of State
0809#058
                                                                          Jay Dardenne
                                                                          Secretary of State
                                                                          0809#059
             EXECUTIVE ORDER BJ 08-66
                     The Hudson Initiative                                             EXECUTIVE ORDER BJ 08-67
                                                                                           Small Purchase Procedures
     WHEREAS, pursuant to Act No. 440 of the 2005
Regular Session of the Louisiana Legislature, the Louisiana
                                                                                WHEREAS, the Louisiana Procurement Code, in
Initiative for Small Entrepreneurship (hereafter “The                     R.S. 39:1596, authorizes the governor to establish
Hudson Initiative”) was established to facilitate the growth              procedures for the procurement of small purchases with the
and stability of Louisiana’s economy by fostering utilization
                                                                          caveat that “procurement requirements shall not be
by state interests of the business offerings available for state
                                                                          artificially divided so as to constitute a small purchase under
procurement and public contracts from Louisiana’s small
                                                                          this Section”;
entrepreneurship;
                                                                                WHEREAS, the Louisiana Procurement Code
     WHEREAS, the Department of Transportation and                        exempts small purchases from the competitive sealed
Development has served as a model for disadvantaged                       bidding requirements of the code;
business enterprises by creating an open and transparent
                                                                                WHEREAS, Louisiana businesses are a driving force
process, increasing participation goals on construction
                                                                          in the Louisiana economy;
projects, and addressing the level of fairness and equality in
consultant selections;


Louisiana Register Vol. 34, No. 09 September 20, 2008              1818
     WHEREAS, Executive Order No. KBB 2007-10,                               SECTION 4: Except as otherwise provided in this
signed on April 26, 2007, established the procedure for the             Order, all small purchases shall be made in accordance with
procurement of small purchases in accordance with the                   the following minimum procedures:
statutory guidelines of the Louisiana Procurement Code; and                     A. No competitive process is required for purchases
     WHEREAS, it is necessary to rescind and terminate                  not exceeding one thousand dollars ($1,000) per single
Executive Order No. KBB 2007-10 through the issuance of a               purchase transaction.
replacement executive order;                                                    B. Price quotations shall be solicited from three (3)
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                        or more bona fide, qualified vendors for purchases
the state of Louisiana, by virtue of the authority vested by            exceeding one thousand dollars ($1,000) but not exceeding
the Constitution and the laws of the state of Louisiana, do             five thousand dollars ($5,000).
hereby order and direct as follows:                                               1. Quotations may be made by telephone,
     SECTION 1: All departments, institutions, boards,                  facsimile, or other means and shall be awarded on the basis
commissions, budget units, and agencies of the executive                of the lowest responsive quotation. Whenever possible, at
branch of state government, and the officers and employees              least one (1) of the bona fide, qualified vendors shall be a
thereof, (hereafter "agency") shall observe, be guided by,              certified small and emerging business or a small
and implement the specific directives on small purchase                 entrepreneurship. Agency files shall document and list all
procedures set forth in this Order. This Order in no way                solicited vendors and each vendor’s contact person,
affects or changes the purchasing authority delegated to an             summarize quotations received, indicate the successful
agency by the chief procurement officer as defined in R.S.              vendor and state the reason why any lower quotation was
39:1556(3). No provision of this Order shall be construed as            rejected. Agency files should also contain written
a limitation on the number of quotations to be solicited prior          confirmation of the quotation from the successful vendor;
to making a purchase or procurement. Louisiana businesses,                        2. Soliciting three quotations may be waived
especially small and emerging businesses and small                      when making purchases from a Small Entrepreneurship or
entrepreneurships, should be utilized to the greatest extent            Small and Emerging Business that is currently certified by
possible when soliciting prices.                                        the Louisiana Department of Economic Development, when
     SECTION 2: Unless the context clearly indicates                    the price is determined to be reasonable. Reasonable is a best
otherwise, the words and terms used in this Order shall be              value determination based on price, delivery, service, and/or
defined as follows:                                                     any other related factors. This determination is to be
        A. "Small purchases" means (1) any procurement                  maintained in the file; and
not exceeding twenty-five thousand dollars ($25,000), or (2)                      3. Soliciting three quotations may be waived
any procurement of those items listed in Section 5 of this              when purchasing from a business registered with the
Order, regardless of price, except as noted in Paragraphs               Secretary of State as domiciled in Louisiana. A business
5(A)(14), 5(A)(24) and 5(A)(26), which are exempt from the              analysis must determine that in-state prices are equal or
competitive sealed bidding requirements of the Louisiana                better than two other current price comparisons.
Procurement Code.                                                       Comparisons may include, but are not limited to, state
        B. “Certified small and emerging business” means a              contract prices, General Services Administration (GSA)
business certified as a small and emerging business by the              prices, or similar resources. Comparison documents are to be
Division of Small and Emerging Business Development,                    maintained in the file.
Department of Economic Development, in accordance with                          C.1. Price quotations shall be solicited from five (5) or
the Provisions of the Small and Emerging Business                       more bona fide, qualified vendors for purchases exceeding
Development Program, R.S. 51:941, et seq., and included on              five thousand ($5,000) but not exceeding twenty-five
the most recent list of certified small and emerging                    thousand dollars ($25,000). Quotations may be made by
businesses issued by the Division of Certified Small and                facsimile or written means and shall be awarded on the basis
Emerging Business Development;                                          of the lowest responsive price quotation received. Whenever
        C. “Small Entrepreneurship” means a business                    possible, at least two (2) of the bona fide, qualified vendors
certified as a small entrepreneurship by the Department of              shall be certified small and emerging businesses or small
Economic Development, in accordance with the provisions                 entrepreneurships. The requirement to solicit certified small
of the Louisiana Initiative for Small Entrepreneurships                 and emerging businesses or small entrepreneurships is
(Hudson Initiative), R.S. 39:2006 (B); and                              waived for those agencies that post on LaPAC, Louisiana’s
        D. “Louisiana authorized dealer” means a company                internet based system for posting vendor opportunities and
that satisfies the requirements of a resident business defined          award information.
in R.S. 39:1591(6) and is authorized by the manufacturer to                       2. A minimum of three (3) working days shall be
sell and/or provide service for their products.                         allowed for receipt of quotations.
     SECTION 3: The following items are not subject to                            3. All written or facsimile solicitations shall
the procedures set forth in this Order:                                 include the closing date, time, and all pertinent competitive
        A. Those items covered by an existing state contract,           specifications, including quantities, units of measure,
and                                                                     packaging, delivery requirements, ship-to location, terms
        B. Public works contracts which exceed five                     and conditions, and other information sufficient for a
thousand dollars ($5,000) and are governed by the                       supplier to make an acceptable quotation. Precautionary
provisions of R.S. 38:2241.                                             measures shall be taken to safeguard the confidentiality of
                                                                        vendor responses prior to the closing time for receipt of


                                                                 1819             Louisiana Register Vol. 34, No. 09 September 20, 2008
quotations. No quotation shall be evaluated using criteria not                    15. Working class animals trained to perform
disclosed in the solicitation.                                           special tasks, including but not limited to narcotics
          4. Agency files shall document and list all                    detection, bomb detection, arson investigation, and rescue
solicited vendors and each vendor’s response, summarize                  techniques;
quotations received, indicate the awarded quotation, and                          16. Food, materials and supplies for teaching and
state the reason why any lower quotation was rejected.                   training where the purchasing, preparing, and serving of
     SECTION 5: Except as provided in subsection A(14),                  food is part of the regularly prescribed course;
A(24), or A(26) of this section, the following items are                          17. Shipping charges and associated overseas
considered small purchases regardless of price and may be                screening and broker fees from between international and
procured in the following manner:                                        domestic origins and destinations;
        A. No competitive process is required for the                             18. Parcel services, including but not limited to
following items:                                                         Federal Express, United Parcel Service, Airborne Express,
          1. Repair parts for equipment obtained from a                  and Express Mail;
Louisiana authorized dealer shall be used if available. This                      19. Renewal of termite service contracts;
provision does not apply to the stocking of parts;                                20. Purchase of supplies, operating services, or
          2. Equipment repairs from a Louisiana authorized               equipment for Louisiana Rehabilitation Services, Traumatic
dealer shall be used if available;                                       Head and Spinal Cord Injury Trust Fund Program. Although
          3. Vehicle repairs not covered by a competitive                competitive bidding is not required under this paragraph,
state contract or the state fleet maintenance repair contract,           whenever practicable, three (3) quotations from bona fide,
obtained from a Louisiana authorized dealer shall be used if             qualified vendors should be obtained. Whenever possible,
available.                                                               and at least one (1) of the bona fide, qualified vendors shall
          4. Vehicle body repairs covered by insurance                   be a certified small and emerging business or a small
recovery and in accordance with insurance requirements;                  entrepreneurship;
          5. Livestock purchased at public auction;                               21. Purchasing of clothing at retail necessary to
          6. Purchasing or selling transactions between                  individualize clients at state developmental centers in
state budget units and other governmental agencies;                      compliance with Federal Regulations for ICF/MR facilities;
          7. Publications and/or copyrighted materials                            22. Health insurance for the managers of
purchased directly from the publisher or copyright holder,               Randolph-Sheppard programs, as defined by 20 U.S.C.
and web-based subscription services;                                     §107, et seq., and paid from income generated by unmanned
          8. Publications and/or copyrighted materials                   vending locations;
purchased by libraries or text rental stores from either                          23. Purchases made to resell as part of a
subscription services or wholesale dealers which distribute              merchandising program with the written approval on file
for publishers and/or copyright holder;                                  from the secretary of the department, or agency equivalent,
          9. Public utilities and services provided by local             when it is not practical or feasible to obtain competitive
governments;                                                             price quotations;
        10. Prosthetic devices, implantable devices, and                          24. Commercial Internet Service not exceeding one
devices for physical restoration, which are not covered by a             thousand five hundred dollars ($1,500) per subscription per
competitive state contract;                                              year;
        11. Educational training and related resources                            25. Advertising, where permitted by law and the
(except equipment) used to enhance the performance of state              head of an agency or designee certifies that specific media is
employees and good standing of state agencies, including                 required to reach targeted audiences;
memberships in and accreditations by professional societies                       26. Scientific and laboratory supplies and
and organizations, except for customized training which is               equipment when procured by colleges and universities for
covered under R.S. 39:1481, et seq;                                      laboratory or scientific research not to exceed twenty-five
        12. Purchases for clients of Blind and Vocational                thousand dollars ($25,000) per transaction;
Rehabilitation programs not covered by competitive state                          27. Publication of articles, manuscripts, etc. in
contract which are federally funded at a rate of at least                professional      scientific,   research,    or    educational
78.7%, regulated by Title 34, Parts 361, 365, 370, and 395 of            journals/media and/or the purchase of reprints;
the Code of Federal Regulations, and in accordance with                           28. Livestock sperm and ova;
OMB Circular A-102;                                                               29. Royalties and license fees for use rights to
        13. Materials, supplies, exhibitor fees, and exhibit             intellectual property, including but not limited to patents,
booths for conferences, seminars, and workshops, or similar              trademarks, service marks, copyrights, music, artistic works,
events (business, educational, promotional, cultural, etc.) for          trade secrets, industrial designs, domain names, etc.;
participation in promotional activities which enhance                             30. Equipment moves by the original equipment
economic development or further the department’s mission,                manufacturer or authorized dealer to ensure equipment
duties and/or functions, with the approval of the department             operation to original equipment manufacturer specifications,
secretary, or agency equivalent, if not covered by                       calibration, warranty, etc.;
competitive state contract;                                                       31. Mailing list rentals or purchases; and
        14. Wire, related equipment, time and material                            32. Art Exhibition rentals and/or loan agreements
charges to accomplish repairs, adds, moves, and/or changes               and associated costs of curatorial fees, transportation and
to telecommunications systems not exceeding two thousand                 installation.
five hundred dollars ($2,500).

Louisiana Register Vol. 34, No. 09 September 20, 2008             1820
        B. For the following items, telephone or facsimile                             EXECUTIVE ORDER BJ 08-68
price quotations shall be solicited, where feasible, to at least
                                                                                              The Board of Parole
three (3) bona fide, qualified vendors. Whenever possible, at
least one (1) of the bona fide, qualified vendors shall be a
certified small and emerging business or a small                               WHEREAS, Executive Order No. KBB 2004-16,
                                                                          issued on July 6, 2004, reestablished the position of vice-
entrepreneurship.
                                                                          chair within the Board of Parole (hereafter “the Board”);
          1. Farm products including, but not limited to,
                                                                               WHEREAS, the Board, created within the
fresh vegetables, milk, eggs, fish, or other perishable foods,
                                                                          Department of Public Safety and Corrections by R.S.
when it is determined that market conditions are unstable
and the competitive sealed bidding process is not conducive               15:574.2, consists of seven (7) members appointed by and
for obtaining the lowest prices;                                          serving at the pleasure of the governor;
                                                                               WHEREAS, R.S. 15:574.2 (A)(3) provides that the
          2. Food, materials, and supplies needed for:
                                                                          actual salaries of each of the members shall be authorized by
           a. Operation of boats and/or facilities in isolated
                                                                          executive order; and
localities where only limited outlets of such supplies are
                                                                               WHEREAS, it is necessary to modify the duties of
available; and/or
          b. Juvenile detention homes and rehabilitation                  the vice-chair of the Board and to authorize the actual
facilities/homes where the number of inmates, students, or                salaries of the chair, vice-chair and other members of the
                                                                          Board;
clients is unstable and unpredictable;
                                                                               NOW THEREFORE, I, BOBBY JINDAL, Governor of
          3. Convention and meeting facilities, provided
                                                                          the state of Louisiana, by virtue of the authority vested by
that any associated food or lodging must be in accordance
                                                                          the Constitution and the laws of the state of Louisiana, do
with Policy & Procedure Memorandum No. 49 – General
Travel Regulations;                                                       hereby order and direct as follows:
          4. Gasoline and fuel purchases not covered by                        SECTION 1: The position of vice-chair of the Board
                                                                          is hereby re-created. The governor shall select the vice-chair
competitive state contract;
                                                                          from its membership.
          5. Equipment for blind-operated facilities not
                                                                               SECTION 2: The vice-chair shall preside in the
covered by competitive state contract;
          6. Feed commodities, including but not limited to               absence of the chair and shall, in addition to such other
soybean meal, cottonseed meal, and oats;                                  duties assigned by the governor, assist the chair in
                                                                          developing and administering the schedule of parole
          7. Aircraft parts, repairs, inspections, and
                                                                          hearings in accordance with R.S. 15:574.4(B)(1), and assist
modifications approved by the head of the agency, head of
                                                                          the chair in the preparation for the Board, for its adoption,
Division of Administration Flight Operations or the head’s
                                                                          such rules, regulations, and procedures deemed necessary
designee, and performed by an FAA-certified mechanic
and/or at an FAA certified repair station in accordance with              and proper to facilitate the effective operation of the Board.
FAA requirements; and                                                          SECTION 3: Members of the Board shall, in
                                                                          accordance with the compensation limits set forth in R.S.
          8. Air and bus charters in accordance with PPM
                                                                          15:574.2(A)(3), receive the following annual salaries:
49, including group travel that does not qualify for
                                                                                 A. The chair of the Board shall receive an annual
commercial rates available to individual travelers.
                                                                          salary of fifty thousand dollars ($50,000);
     SECTION 6: In the absence of a good faith business
basis, no purchase or procurement shall be artificially                          B. The vice-chair of the Board shall receive an
divided within a cost center, or its equivalent, to avoid the             annual salary of forty-seven thousand dollars ($47,000);
                                                                                 C. Each of the other members of the Board shall
competitive process or the solicitation of competitive sealed
                                                                          receive an annual salary of forty-four thousand dollars:
bids.
                                                                          ($44,000);
     SECTION 7: All departments, commissions, boards,
offices, entities, agencies, and officers of the state of                        D. The chair, vice-chair and other members of the
Louisiana, or any political subdivision thereof, are                      Board shall be reimbursed for necessary travel and other
                                                                          expenses actually incurred in the discharge of his/her duties.
authorized and directed to cooperate in the implementation
                                                                               SECTION 4: The chair and the vice-chair shall work
of this Order.
                                                                          with the Governor’s executive counsel and assistant
     SECTION 8: This Order is effective upon signature
                                                                          executive counsel in accomplishing the duties set forth in
and shall continue in effect until amended, modified,
terminated, or rescinded by the governor, or terminated by                Section 2 of this Order.
operation of law.                                                              SECTION 5: Executive Order No. KBB 2005-3, issued
                                                                          on January 14, 2005, is hereby rescinded.
     IN WITNESS WHEREOF, I have set my hand
                                                                               SECTION 6: The provisions of this Order are
officially and caused to be affixed the Great Seal of
                                                                          effective upon signature and shall continue in effect until
Louisiana, at the Capitol, in the city of Baton Rouge, on this
                                                                          amended, modified, terminated, or rescinded by the
22nd day of August, 2008.
                            Bobby Jindal                                  governor, or terminated by operation of law.
                            Governor
ATTEST BY
THE GOVERNOR
Jay Dardenne
Secretary of State
0809#060

                                                                   1821             Louisiana Register Vol. 34, No. 09 September 20, 2008
     IN WITNESS WHEREOF, I have set my hand                                  SECTION 2:
officially and caused to be affixed the Great Seal of                          A. The appointing authority of each executive
Louisiana, at the Capitol, in the city of Baton Rouge, on this          agency shall duly promulgate a written policy in compliance
22nd day of August, 2008.                                               with R.S. 49:1001, et seq., which at a minimum mandates
                                                                        drug testing of an employee or appointee (hereafter
                           Bobby Jindal                                 "employee") or a prospective employee or prospective
                           Governor                                     appointee (hereafter "prospective employee") as follows:
ATTEST BY                                                                         1. When individualized, reasonable suspicion
THE GOVERNOR                                                            exists of an employee’s drug use;
Jay Dardenne                                                                      2. Following an accident that occurs during the
Secretary of State                                                      course and scope of an employee’s employment that a)
0809#061                                                                involves circumstances leading to a reasonable suspicion of
                                                                        the employee’s drug use; b) results in a fatality; or c) results
             EXECUTIVE ORDER BJ 08-69                                   in or causes the release of hazardous waste as defined in R.S.
            State Employee Drug Testing Policy                          30:2173(2) or hazardous materials as defined in R.S.
                                                                        32:1502(5);
     WHEREAS, the Office of the Governor and the state                            3. Randomly, as a part of a monitoring program
of Louisiana have a long-standing commitment to working                 established by the executive agency to assure compliance
toward a drug-free Louisiana;                                           with terms of a rehabilitation agreement;
     WHEREAS, the employees of the state of Louisiana                             4. Prior to hiring or appointing a prospective
are among the state’s most valuable resources, and the                  employee, except employees transferring from one executive
physical and mental well-being of these employees is                    agency to another without a lapse in service;
necessary for them to properly carry out their                                    5. Prior to promoting an employee to a safety-
responsibilities;                                                       sensitive or securitysensitive position or to a higher safety-
     WHEREAS, substance abuse causes serious adverse                    sensitive or securitysensitive position; and
consequences to users, impacting on their productivity,                           6. Randomly, for all employees in safety-sensitive
health and safety, dependents, and co-workers, as well as the           or securitysensitive positions.
general public;                                                                B. The appointing authority of each executive
     WHEREAS, to curb the use of illegal drugs by                       agency shall determine which positions within their agency,
employees of the state of Louisiana, the Louisiana                      if any, are "safety-sensitive or security-sensitive positions,"
Legislature enacted laws which provide for the creation and             by considering statutory law, jurisprudence, the practices of
implementation of drug testing programs for state                       the executive agency, and the following non-exclusive list of
employees; and                                                          examples of safety-sensitive and/or security-sensitive
     WHEREAS, the citizens of the state of Louisiana                    positions:
would best be served by a statewide policy on rules and                           1. Positions with duties that may require or
procedures for drug testing state employees;                            authorize the safety inspection of a structure;
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                                  2. Positions with duties that may require or
the state of Louisiana, by virtue of the authority vested by            authorize access to a prison or an incarcerated individual;
the Constitution and the laws of the state of Louisiana, do                       3. Positions with duties that may require or
hereby order and direct as follows:                                     authorize carrying a firearm;
     SECTION 1:                                                                   4. Positions with duties that may allow access to
        A. All executive departments and all other agencies,            controlled substances (drugs);
boards, commissions, and entities of state government in the                      5. Positions with duties that may require or
executive branch over which the governor has appointing                 authorize inspecting, handling, or transporting hazardous
authority or, as chief executive officer of the state, has              waste as defined in R.S. 30:2173(2) or hazardous materials
general executive authority, which are not authorized by the            as defined in R.S. 32:1502(5);
Louisiana Constitution of 1974, as amended, or legislative                        6. Positions with duties that may require or
act to manage and supervise their own system, (hereafter                authorize any responsibility over power plant equipment;
"executive agency") shall promulgate a written policy which                       7. Positions with duties that may require
mandates drug testing of employees, appointees, prospective             instructing or supervising any person to operate or maintain,
employees, and prospective appointees, pursuant to R.S.                 or that may require or authorize operating or maintaining,
49:1001, et seq., as set forth in this Order.                           any heavy equipment or machinery; and
        B. All executive departments which operate under                          8. Positions with duties that may require or
the authority of another statewide elected official or which            authorize the operation or maintenance of a public vehicle,
are authorized by the Louisiana Constitution of 1974, as                or the supervision of such an employee.
amended, or legislative act to manage and supervise its own                    C. Prior to the appointing authority of an executive
system, (hereafter "executive agency") are requested to                 agency promulgating its drug testing policy regarding safety-
promulgate a written policy which mandates drug testing of              sensitive and/or security-sensitive positions, the appointing
employees, appointees, prospective employees, and                       authority shall consult with the Louisiana Department of
prospective appointees pursuant to R.S. 49:1001, et seq., as            Justice.
set forth in this Order.

Louisiana Register Vol. 34, No. 09 September 20, 2008            1822
     SECTION 3:
        A. No drug testing of an employee or a prospective                             EXECUTIVE ORDER BJ 08-70
employee shall occur in the absence of a duly promulgated
                                                                             Governor’s Task Force on DWI—Vehicular Homicide
written policy which is in full compliance with the
provisions of R.S. 49:1001, et seq.
                                                                               WHEREAS, currently, Louisiana ranks twenty-fifth
        B. Any employee drug testing program in existence
                                                                          in the United States in population, but ranks fifth in the
on the effective date of this Order shall not be supplanted by
                                                                          nation in alcohol-related fatalities and sixteenth in the nation
the provisions of this Order, but shall be supplemented,
                                                                          in fatal crashes;
where appropriate, in accordance with the provisions of this
Order and R.S. 49:1001, et seq.                                                WHEREAS, early forty-eight percent of Louisiana’s
     SECTION 4: All information, interviews, reports,                     traffic fatalities are alcohol-related, as compared to the
                                                                          national average of forty-one percent;
statements, memoranda, and/or test results received by the
                                                                               WHEREAS, Louisiana automobile owners pay high
executive agency through its drug testing program are
                                                                          premiums for public liability insurance. Our state ranks
confidential communications, pursuant to R.S. 49:1012, and
                                                                          fourth in the nation in costs for insurance, with an average
may not be used or received in evidence, obtained in
discovery, or disclosed in any public or private proceedings,             premium of $1230.44; and
except in an administrative or disciplinary proceeding or                      WHEREAS, there is a possible correlation between
                                                                          Louisiana’s unusually high percentage of alcohol-related
hearing, or civil litigation where drug use by the tested
                                                                          traffic fatalities and the unusually high insurance premiums
individual is relevant.
                                                                          paid by Louisiana motorists;
     SECTION 5:
                                                                               NOW THEREFORE, I, BOBBY JINDAL, Governor of
        A. Pursuant to R.S. 49:1011, an executive agency
may, but is not required to, afford an employee whose drug                the state of Louisiana, by virtue of the authority vested by
test result is certified positive by the medical review officer,          the Constitution and the laws of the state of Louisiana, do
                                                                          hereby order and direct as follows:
the opportunity to undergo rehabilitation without termination
                                                                               SECTION 1: The Governor’s Task Force on DWI-
of employment.
                                                                          Vehicular Homicide (hereafter “Task Force”) is
        B. Pursuant to R.S. 49:1008, if a prospective
employee tests positive for the presence of drugs in the                  reestablished within the executive department, Office of the
initial drug screening, the positive drug test result shall be            Governor.
                                                                               SECTION 2: The duties and functions of the Task
the cause of the prospective employee’s elimination from
                                                                          Force shall include, but are not limited to, the following:
consideration for employment or appointment.
                                                                                  A. Addressing problems in the following areas:
     SECTION 6: Each executive agency shall procure
                                                                                    1. Unusually high incidence of drunk or drugged
employee drug testing services through the Office of State
Purchasing, Division of Administration, pursuant to                       driving;
applicable bid laws.                                                                2. Difficulty in proving identification of multiple
                                                                          DWI offenders for the purposes of enhanced penalties;
     SECTION 7: Each executive agency shall submit to
                                                                                    3. Refusing to submit to breath and/or field
the Office of the Governor, through the commissioner of the
                                                                          sobriety tests;
Division of Administration, a report on its written policy and
                                                                                    4. Obtaining evidence from drivers who cause
drug testing programs, describing the progress of its
programs, the number of employees affected by the                         alcohol involved fatal or serious injury crashes; and
programs, the categories of testing being conducted, the                            5. Arrest and prosecution of drug-impaired
                                                                          drivers;
associated costs of testing, and the effectiveness of the
                                                                                  B. Soliciting input and recommendations from all
programs, by February 1, 2009. Each executive agency shall
                                                                          agencies, departments, commissions, boards, or offices
annually update its report by December 1.
     SECTION 8: All departments, commissions, boards,                     which are involved in DWI enforcement and
agencies, and officers of the state, or any political                     countermeasures, particularly law enforcement officers at
                                                                          the state, parish, and local levels to aid in the
subdivision thereof, are authorized and directed (or
                                                                          implementation of the provisions of this Order; and
requested pursuant to Subsection 1B) to cooperate with the
                                                                                  C. Acting in an advisory capacity to the governor,
implementation of the provisions in this Order.
                                                                          the Highway Safety Commission, the Alcohol and Tobacco
     SECTION 9: This Order is effective upon signature
and shall remain in effect until amended, modified,                       Control Commission, and any other agency, department,
terminated, or rescinded by the governor, or terminated by                commission, board, or office that are involved directly or
                                                                          peripherally with DWI issues.
operation of law.
                                                                               SECTION 3: By March 1, 2010, the Task Force shall
     IN WITNESS WHEREOF, I have set my hand
                                                                          submit a comprehensive written report to the governor on
officially and caused to be affixed the Great Seal of
                                                                          the issues set forth in Section 2 of this Order. A preliminary
Louisiana, at the Capitol, in the city of Baton Rouge, on this
22 day of August, 2008.                                                   report, which shall include recommended legislation, shall
                              Bobby Jindal                                be submitted to the governor by January 15, 2010.
                                                                               SECTION 4: The Task Force shall be composed of a
                              Governor
ATTEST BY                                                                 maximum of twenty-one (21) members who, unless
THE GOVERNOR                                                              otherwise specified, shall be appointed by and serve at the
Jay Dardenne                                                              pleasure of the governor. The membership of the Task Force
Secretary of State                                                        shall be selected as follows:
0809#062
                                                                   1823             Louisiana Register Vol. 34, No. 09 September 20, 2008
       A. The governor, or the governor’s designee;                             SECTION 8: Support staff, facilities, and resources
       B. The attorney general, or the attorney general’s                  for the Task Force shall be provided by the Office of the
designee;                                                                  Governor.
       C. The speaker of the Louisiana House of                                 SECTION 9: All departments, commissions, boards,
Representatives, or the speaker’s designee;                                offices, entities, agencies, and officers of the state of
       D. The president of the Louisiana State Senate, or                  Louisiana, or any political subdivision thereof, are
the president’s designee;                                                  authorized and directed to cooperate with the Task Force in
       E. A member of the Louisiana House of                               implementing the provisions of this Order.
Representatives appointed by the speaker of the Louisiana                       SECTION 10: This Order is effective upon signature
House of Representatives;                                                  and shall continue in effect until amended, modified,
       F. A member of the Louisiana State Senate                           terminated, or rescinded by the governor, or terminated by
appointed by the president of the Louisiana State Senate;                  operation of law.
       G. The commissioner of the Office of Alcohol and                         IN WITNESS WHEREOF, I have set my hand
Tobacco Control, Department of Revenue, or the                             officially and caused to be affixed the Great Seal of
commissioner’s designee;                                                   Louisiana, at the Capitol, in the city of Baton Rouge, on this
       H. The assistant secretary of the Department of                     22nd day of August, 2008.
Public Safety, Office of Motor Vehicles, or the assistant
secretary’s designee;                                                                                 Bobby Jindal
       I. The executive director of the Louisiana Highway                                             Governor
Safety Commission, or the executive director’s designee;                   ATTEST BY
       J. The assistant secretary of the Department of                     THE GOVERNOR
Health and Hospitals, Office of Addictive Disorders, or the                Jay Dardenne
assistant secretary’s designee;                                            Secretary of State
       K. A representative of the Louisiana State Police;                  0809#063
       L. A representative of the Louisiana State Police
Crime Lab;                                                                              EXECUTIVE ORDER BJ 08-71
       M. The secretary of the Department of                                             Louisiana Rehabilitation Council
Transportation and Development, or the secretary’s
designee;                                                                       WHEREAS, the State Rehabilitation Advisory
       N. The director of the Louisiana Property and                       Council was originally established by executive order to
Casualty Insurance Commission, or the director’s designee;                 provide Louisiana’s citizens with disabilities assistance in
       O. A representative of the Louisiana District                       their pursuit of meaningful careers and gainful employment
Attorneys Association;                                                     through specific programs;
       P. A representative of the Louisiana Sheriff’s                           WHEREAS, the Rehabilitation Act of 1973, 29
Association;                                                               U.S.C.A. §701, et seq., as amended by the Workforce
       Q. A representative of the Municipal Police Officers                Investment Act (Public Law 105-220), and the
Association of Louisiana;                                                  Rehabilitation Act Amendments of 1998 and subsequent
       R. A representative of Mothers Against Drunk                        1999 amendments to 29 U.S.C.A. §725, provide the state of
Driving;                                                                   Louisiana with financial assistance to promote effective
       S. A representative of the Louisiana Restaurant                     programs of vocational rehabilitation services for individuals
Association; and                                                           with disabilities; and
       T. Two (2) at-large members.                                             WHEREAS, it is in the best interest of the citizens of
     SECTION 5: The chair of the Task Force shall be                       the state of Louisiana to continue providing its citizens with
appointed by the governor from the membership of the Task                  disabilities vocational rehabilitation services and/or
Force. All other officers, if any, shall be elected by the                 programs by the continuation of a rehabilitation council;
members of the Task Force from its membership.                                  NOW THEREFORE, I, BOBBY JINDAL, Governor of
     SECTION 6: The Task Force shall meet at regularly                     the state of Louisiana, by virtue of the authority vested by
scheduled intervals and at the call of the chair.                          the Constitution and the laws of the state of Louisiana, do
     SECTION 7:                                                            hereby order and direct as follows:
       A. Task Force members shall not receive additional                       SECTION 1: The Louisiana Rehabilitation Council
compensation or a per diem from the Office of the Governor                 (hereafter “Council”) is reestablished within the executive
for serving on the Task Force.                                             department, Department of Social Services;
       B. Task Force members who are employees or                               SECTION 2: The duties of the Council shall include,
elected public officials of the state of Louisiana or a political          but are not limited to, the following:
subdivision thereof may seek reimbursement of travel                              A. Reviewing, analyzing, and advising the
expenses, in accordance with PPM 49, from their employing                  Department of Social Services, Office of Louisiana
and/or elected department, agency and/or office.                           Rehabilitation Services (hereafter “Louisiana Rehabilitation
       C. Task Force members who are also members of                       Services”), regarding the performance of its responsibilities,
the Louisiana Legislature may seek a per diem from the                     particularly the responsibilities relating to:
Louisiana State Senate or House of Representatives, as                               1. Eligibility (including order of selection);
appropriate, for their attendance.


Louisiana Register Vol. 34, No. 09 September 20, 2008               1824
          2. The extent, scope, and effectiveness of services             resources, including such staff and other personnel, as may
provided; and                                                             be necessary and sufficient to carry out the functions of the
          3. Functions performed by state agencies that                   Council under this section. The resource plan shall, to the
affect or potentially affect the ability of individuals with              maximum extent possible, rely on the use of resources in
disabilities in achieving employment under 29 U.S.C.A.                    existence during the period of implementation of the plan;
§720 et seq.                                                                     I. Supervising and evaluating such staff and other
       B. In partnership with Louisiana Rehabilitation                    personnel as may be necessary to carry out its functions; and
Services:                                                                        J. Performing such other functions as the State
          1. Developing, agreeing to, and reviewing the                   Rehabilitation Council determines to be appropriate, that are
state goals and priorities for rehabilitation services in                 comparable to the other functions performed by the Council.
accordance with 29 U.S.C.A. §721(a)(15)(E); and                                SECTION 3: Members of the Council shall be
          2. Evaluating the effectiveness of the vocational               selected from all areas of the state and shall be
rehabilitation program and submitting progress reports to the             knowledgeable of the vocational rehabilitation services
commissioner of the Rehabilitation Service Administration,                offered to individuals with disabilities. The majority of the
Department of Education, Washington, D.C.;                                membership of the Council shall be composed of Louisiana
       C. Advising Louisiana Rehabilitation Services                      citizens with disabilities, representing a broad range of
regarding activities authorized to be carried out under the               disabilities, and who are not employed by Louisiana
Rehabilitation Act, and assisting in the preparation of and               Rehabilitation Services or any state agency.
amendments to the state plan, together with the necessary                      SECTION 4: The Council shall consist of twenty-five
applications, reports, needs assessments, and evaluations as              (25) members who shall be appointed by the governor for a
required by 29 U.S.C.A. §720, et seq.                                     term of up to three (3) years, including:
       D. To the extent feasible, conducting a review and                        A. Twenty-three (23) voting members selected as
analysis of the effectiveness of, and consumer satisfaction               follows:
with:                                                                               1. One (1) representative from a parent training
          1. The functions performed by Louisiana                         and information center established pursuant to §682(a) of the
Rehabilitation Services;                                                  Individuals with Disabilities Education Act (as added by
          2. The vocational rehabilitation services provided              §101 of the Individuals with Disabilities Education Act
by Louisiana Rehabilitation Services and other public and                 Amendments of 1997; Public Law 105-17) [20 U.S.C.A.
private entities responsible for providing vocational                     §1482(a)];
rehabilitation services to individuals with disabilities under                      2. One (1) representative from the Statewide
29 U.S.C.A. §701, et seq.; and                                            Independent Living Council, established under 29 U.S.C.A.
          3. The employment outcomes achieved by                          §796d, who must be the chairperson or other designee of the
eligible individuals receiving services under 29 U.S.C.A.                 Statewide Independent Living Council;
§725, including the availability of health and other                                3. One (1) representative of the Client Assistance
employment benefits in connection with such employment                    Program established under 29 U.S.C.A. §732;
outcomes.                                                                           4. One (1) representative from the service
       E. Preparing and submitting an annual report to the                providers for the community rehabilitation program;
governor and the commissioner of the Rehabilitation Service                         5. Four (4) representatives of business, industry,
Administration, Washington, D.C., on the status of                        and labor;
vocational rehabilitation programs operating within the state,                      6. Twelve (12) members representing a cross
and making the report available to the public;                            section of the following categories:
       F. To avoid duplication of efforts and enhance the                              a. Individuals with physical, cognitive, sensory,
number of individuals served, by coordinating activities with             and mental disabilities;
the activities of other councils within the state, including the                       b. Representatives       of    individuals   with
Statewide Independent Living Council, established under 29                disabilities who have difficulty representing themselves; and
U.S.C.A §796d; the advisory panel established under                                    c. Current or former applicants for, or
§612(a)(21) of the Individuals with Disabilities Education                recipients of, vocational rehabilitation services.
Act (as amended by §101 of the Individuals with Disabilities                        7. One (1) representative of the State Workforce
Education Act Amendments of 1997; Public Law 105-17),                     Investment Board;
[20 U.S.C.A. §1412 (a)(21)]; the State Developmental                                8. One (1) representative of the state educational
Disabilities Council described in §124 of the Developmental               agency responsible for the public education of students with
Disabilities Assistance and Bill of Rights Act (42 U.S.C.A.               disabilities who are eligible to receive services under 29
§6024); the State Mental Health Planning Council                          U.S.C.A. §720 and part B of the Individuals with Disabilities
established under §1914(a) of the Public Health Service Act               Education Act; and
(42 U.S.C.A. §300x-4(a)); and the State Workforce                                   9. One (1) representative of the directors of a
Investment Board;                                                         project carried out under §121 of the Federal Rehabilitation
       G. Providing for coordination and the establishment                Act Amendments of 1998.
of working relationships between Louisiana Rehabilitation                        B. Two (2) non-voting members, selected as
Services, the Statewide Independent Living Council, and the               follows:
Centers for Independent Living within the state;                                    1. One (1) vocational rehabilitation counselor
       H. Preparing, in conjunction with Louisiana                        with knowledge of and experience with vocational
Rehabilitation Services, a plan for the provision of such

                                                                   1825             Louisiana Register Vol. 34, No. 09 September 20, 2008
rehabilitation programs shall serve as an ex officio, non-                             EXECUTIVE ORDER BJ 08-72
voting member of the Council; and
                                                                                  Louisiana Emergency Response Commission
          2. The director of the Louisiana Rehabilitation
Services shall serve as an ex officio, non-voting member of
the Council.                                                                   WHEREAS, the ability to protect the citizens of the
                                                                          state of Louisiana depends, in part, upon the adequacy of
     SECTION 5: The voting members of the Council
                                                                          local community emergency response plans;
shall select a chair from among its voting membership.
                                                                               WHEREAS, the            Emergency       Planning     and
     SECTION 6: No member of the Council, other than
                                                                          Community Right-to-Know Act of 1986, 42 U.S.C.A.
the representative of the Client Assistance Program and the
representative of the Sect. 121 project, may serve more than              §11001-11050, requires the states to establish and maintain
two consecutive full terms.                                               an emergency response commission which has technical
                                                                          expertise in the field of emergency response to notify and
     SECTION 7: The Council shall coordinate its
                                                                          protect the public in the event of a release of an extremely
activities with the Office of Disability Affairs, Office of the
                                                                          hazardous substance into the environment; and
Governor. The Council shall follow all rules and regulations
                                                                               WHEREAS, through the enactment of R.S. 30:2364,
of the state of Louisiana, including those concerning
purchasing, procurement, hiring, and ethics.                              the Louisiana Legislature created the Emergency Response
     SECTION 8:                                                           Commission within the Department of Public Safety and
                                                                          Corrections to (1) establish emergency planning districts; (2)
        A. Council members shall not receive additional
                                                                          appoint local emergency planning committees; (3) supervise
compensation or a per diem from the Office of the Governor
                                                                          and coordinate the activities of local emergency planning
for serving on the Council;
                                                                          committees; (4) provide the Environmental Protection
        B. Council members who are not employees of the
state of Louisiana or any of its political subdivisions thereof,          Agency with information concerning notification received
contingent upon availability of funds, may seek                           on certain releases of hazardous materials and substances;
                                                                          (5) designate, as necessary, facilities subject to hazardous
reimbursement for travel expenses, in accordance with PPM
                                                                          material reporting procedures; (6) recommend a
49, and with advance written approval of the commissioner
                                                                          standardized inventory form for gathering required
of the Division of Administration;
        C. Council members who are employees or elected                   information and develop reporting procedures which reduce
public officials of the state of Louisiana or a political                 duplication of reporting; (7) recommend, as necessary,
                                                                          additional substances which should be defined as hazardous
subdivision thereof may seek reimbursement of travel
                                                                          materials; (8) act as the central advisory body for
expenses, in accordance with PPM 49, from their employing
                                                                          coordinating state and federal Right-to-Know activities with
and/or elected department, agency and/or office; and
                                                                          regard to hazardous substances; (9) establish procedures for
        D. Council members who are also members of the
Louisiana Legislature may seek a per diem from the                        recalling and processing public requests for information; and
Louisiana State Senate or House of Representatives, as                    (10) review local emergency planning committee emergency
                                                                          response plans and recommend revisions as necessary.
appropriate, for their attendance.
                                                                               NOW THEREFORE, I, BOBBY JINDAL, Governor of
     SECTION 9: The Council shall convene, a minimum
                                                                          the state of Louisiana, by virtue of the authority vested by
of four (4) meetings a year, in such places as it determines to
                                                                          the Constitution and the laws of the state of Louisiana, do
be necessary to conduct Council business and conduct such
forums or hearings as the Council considers appropriate.                  hereby order and direct as follows:
     SECTION 10: Support staff, facilities, and resources                      SECTION 1: The Louisiana Emergency Response
                                                                          Commission (hereafter “Commission”) is reestablished and
for the Council shall be provided by the Louisiana
                                                                          continued; it shall be composed of nineteen (19) members
Rehabilitation Services.
                                                                          appointed by and serving at the pleasure of the governor,
     SECTION 11: All departments, commissions, boards,
offices, entities, agencies, and officers of the state of                 selected as follows:
Louisiana, or any political subdivision thereof, are                             A. The deputy secretary of the Department of Public
                                                                          Safety, or the deputy secretary’s designee;
authorized and directed to cooperate with the Council in
                                                                                 B. The secretary of the Department of
implementing the provisions of this Order.
                                                                          Environmental Quality, or the secretary’s designee;
     SECTION 12: This Order is effective upon signature
                                                                                 C. The secretary of the Department of Agriculture
and shall continue in effect until amended, modified,
terminated, or rescinded by the governor, or terminated by                and Forestry, or the secretary’s designee;
operation of law.                                                                D. The director of the Governor’s Office of
                                                                          Homeland Security and Emergency Preparedness, or the
     IN WITNESS WHEREOF, I have set my hand
                                                                          director’s designee;
officially and caused to be affixed the Great Seal of
                                                                                 E. A representative of the Right-To-Know Unit,
Louisiana, at the Capitol, in the city of Baton Rouge, on this
                                                                          Department of Public Safety, Office of State Police;
22nd day of August, 2008.
                             Bobby Jindal                                        F. A representative of the Louisiana Emergency
                             Governor                                     Preparedness Association;
                                                                                 G. A member of the Louisiana State University
ATTEST BY
                                                                          Firearm Training Program;
THE GOVERNOR
                                                                                 H. A representative of environmental interests;
Jay Dardenne
Secretary of State
0809#064

Louisiana Register Vol. 34, No. 09 September 20, 2008              1826
       I. A representative of the chemical industry                                A. Providing financial assistance to states for
nominated by the Louisiana Chemical Association; and                       providing, expanding, and improving the provision of
       J. Ten (10) at-large members.                                       independent living services;
     SECTION 2: The governor shall select the chair of                             B. Providing financial assistance to develop and
the Commission from its membership. All other officers, if                 support statewide networks of centers for independent
any, shall be elected by members of the Commission from                    living; and
its membership.                                                                    C. Providing financial assistance to states for
     SECTION 3: The Commission shall have authority to                     improving working relationships among independent living
receive grants, donations, or gifts of money, equipment,                   partners; and
supplies, or services from any public or private source to                      WHEREAS, to be eligible to receive financial
enable it to fulfill the duties and responsibilities specified in          assistance under this chapter, each state must establish a
Title 30 of the Louisiana Revised Statutes of 1950, as                     Statewide Independent Living Council;
amended.                                                                        NOW THEREFORE, I, BOBBY JINDAL, Governor of
     SECTION 4: The Commission shall meet quarterly                        the state of Louisiana, by virtue of the authority vested by
and at the call of the chair.                                              the Constitution and the laws of the state of Louisiana, do
     SECTION 5:                                                            hereby order and direct as follows:
       A. Commission members shall not receive                                  SECTION 1: The Louisiana’s Statewide Independent
additional compensation or a per diem from the Office of the               Living Council (hereafter “Council”) is reestablished and
Governor for serving on the Commission.                                    recreated in accordance with the Act, 29 U.S.C.A. §701, et
       B. Commission members who are employees or                          seq.
elected public officials of the state of Louisiana or a political               SECTION 2: The duties of the Council shall include,
subdivision thereof may seek reimbursement of travel                       but are not limited to, the following:
expenses, in accordance with PPM 49, from their employing                          A. Jointly develop and sign (in conjunction with
and/or elected department, agency and/or office.                           Louisiana Rehabilitation Services) the State Plan for
       C. Commission members who are also members of                       Independent Living as mandated in §704 of the Act;
the Louisiana Legislature may seek a per diem from the                             B. Monitor, review, and evaluate the implementation
Louisiana State Senate                                                     of the State plan;
     SECTION 6: All departments, commissions, boards,                              C. Coordinate        activities  with       the    State
offices, entities, agencies, and officers of the state of                  Rehabilitation Council and other councils which address the
Louisiana, or any political subdivision thereof, are                       needs of specific disability populations and issues under
authorized and directed to cooperate with the Commission in                other federal law;
implementing the provisions of this Order.                                         D. Ensure that all regularly scheduled meetings of
     SECTION 7: This Order is effective upon signature                     the Council are open to the public and sufficient advance
and shall continue in effect until amended, modified,                      notice is provided; and
terminated, or rescinded by the governor, or terminated by                         E. Submit periodic reports to the federal
operation of law.                                                          government, as required by law, regulation, and/or rule.
     IN WITNESS WHEREOF, I have set my hand                                     SECTION 3: The Council shall be composed of
officially and caused to be affixed the Great Seal of                      twenty-one (21) members who shall be appointed by the
Louisiana, at the Capitol, in the city of Baton Rouge, on this             Governor. The membership of the Council shall include four
22nd day of August, 2008.                                                  (4) members meeting the following membership criteria:
                                                                                   A. One (1) director of a center for independent
                            Bobby Jindal                                   living, chosen by the directors of centers for independent
                            Governor                                       living within the state;
ATTEST BY                                                                          B. As ex officio, nonvoting members:
THE GOVERNOR                                                                         a. One         representative    from        Louisiana
Jay Dardenne                                                               Rehabilitation Services (the designated state unit); and
Secretary of State                                                                   b. One representative from other state agencies
0809#065                                                                   that provide services for individuals with disabilities.
                                                                                   C. One (1) representative of the directors of the
              EXECUTIVE ORDER BJ 08-73                                     projects carried out under §121 of the Act.
      Louisiana Statewide Independent Living Council                            The remaining seventeen (17) members of the Council
                                                                           include:
     WHEREAS, the state of Louisiana promotes a                                    A. Two (2) representatives from centers for
philosophy of independent living in order to maximize the                  independent living;
leadership, empowerment, independence, and productivity                            B. Two (2) parents and guardians of individuals
of individuals with disabilities;                                          with disabilities;
     WHEREAS, the state of Louisiana also supports the                             C. Eight (8) advocates of and for individuals with
integration and full inclusion of individuals with disabilities            disabilities;
into the mainstream of American society;                                           D. Three (3) representatives from private
     WHEREAS, the federal Rehabilitation Act of 1973                       businesses; and
as amended, (the Act), 29 U.S.C.A. §701, et seq., includes                         E. Two (2) representatives from organizations that
the following provisions to carry out this effort:                         provide services for individuals with disabilities.

                                                                    1827             Louisiana Register Vol. 34, No. 09 September 20, 2008
      SECTION 4: The Council shall be composed of                              IN WITNESS WHEREOF, I have set my hand
members who provide statewide representation; who                         officially and caused to be affixed the Great Seal of
represent a broad range of individuals with disabilities from             Louisiana, at the Capitol, in the city of Baton Rouge, on this
diverse backgrounds; who are knowledgeable about centers                  22nd day of August, 2008.
for independent living and independent living services; and a
majority of whom are persons who are individuals with                                                Bobby Jindal
disabilities described in §7(20)(B) of the Act; and are not                                          Governor
employed by any state agency or center for independent                    ATTEST BY
living.                                                                   THE GOVERNOR
      SECTION 5: Each member of the Council shall serve                   Jay Dardenne
for a term of three (3) years, except that A) a member                    Secretary of State
appointed to fill a vacancy occurring prior to the expiration             0809#066
of the term for which a predecessor was appointed, shall be
appointed for the remainder of such term; and B) the terms                             EXECUTIVE ORDER BJ 08-74
of service of the member initially appointed shall be, as                               Governor’s Advisory Council on
specified by the appointing authority, for such fewer number                                  Disability Affairs
of years as will provide for the expiration on a staggered
basis. No member shall serve more than two (2) consecutive                     WHEREAS, the Governor’s Advisory Council on
full terms.                                                               Disability Affairs was originally established by executive
      SECTION 6: The Council shall not be an entity                       order to monitor state compliance with the Americans with
within any state agency, including LRS, and is independent                Disabilities Act and to advise the governor on the needs of
of LRS and all other state agencies. The Council shall                    individuals with disabilities and/or on other relative
coordinate its activities with the Office of Disability Affairs,          concerns;
Office of the Governor. The executive director of the Office                   WHEREAS, citizens of the state of Louisiana with
of Disability Affairs will provide administrative oversight to            disabilities have unique needs including, but not limited to,
ensure that the Council is compliant with all rules and                   access to continued education concerning compliance with
regulations of the state of Louisiana, including those                    the Americans with Disabilities Act, The Rehabilitation Act,
concerning purchasing and procurement, hiring, firing, and                and No Child Left Behind;
evaluating staff, and ethical behavior and practices.                          WHEREAS, the state of Louisiana and its political
      SECTION 7: The Council shall, consistent with state                 subdivisions have an affirmative duty to remove any barriers
law, supervise and evaluate its staff and other personnel as              that may prohibit individuals with disabilities from living a
may be necessary to carry out the functions of the Council.               full and active life; and
      SECTION 8:                                                               WHEREAS, it is in the best interests of the citizens
        A. Council members shall not receive additional                   of the state of Louisiana to continue the centralized and
compensation or a per diem from the Office of the Governor                coordinated effort of compliance with the Americans with
for serving on the Council;                                               Disabilities Act and Rehabilitation Act by serving the
        B. Council members may be reimbursed for                          Louisiana citizens with disabilities through the continuance
reasonable and necessary expenses of attending Council                    of the Governor’s Advisory Council on Disability Affairs;
meetings and performing Council duties (including child                        NOW THEREFORE, I, BOBBY JINDAL, Governor of
care and personal assistance services);                                   the state of Louisiana, by virtue of the authority vested by
        C. Council members who are employees or elected                   the Constitution and the laws of the state of Louisiana, do
public officials of the state of Louisiana or a political                 hereby order and direct as follows:
subdivision thereof may seek reimbursement of travel                           SECTION 1: The Governor’s Advisory Council on
expenses, in accordance with PPM 49, from their employing                 Disability Affairs (hereafter “Council”) is reestablished and
and /or elected department, agency and/or office; and                     recreated within the executive department, Office of the
        D. Council members who are also members of the                    Governor, Office of Disability Affairs.
Louisiana Legislature may seek a per diem from the                             SECTION 2: The duties of the Council shall include,
Louisiana State Senate or House of Representatives, as                    but are not limited to, the following:
appropriate, for their attendance.                                                A. Advising the governor, through the Office of
      SECTION 9: Support staff, facilities, and resources                 Disability Affairs, on issues of concern to the Louisiana
for the Council shall be provided by the Office of the                    citizens with disabilities;
Governor.                                                                         B. Identifying the needs, issues, and solutions
      SECTION 10: All departments, commissions, boards,                   relative to persons with disabilities;
offices, entities, agencies, and officers of the state of                         C. Assisting the Office of Disability Affairs, when
Louisiana, or any political subdivision thereof, are                      requested, in the resolution of state disabilities issues; and
authorized and directed to cooperate with the Council in                          D. Providing education, communication, and
implementing the provision of this Order.                                 networking services concerning disability issues and needs
      SECTION 11: This Order is effective upon signature                  for all Louisiana citizens.
and shall continue in effect until amended, modified,                          SECTION 3: On or before January 5, the Council
terminated, or rescinded by the governor, or terminated by                shall submit to the governor annual reports regarding the
operation of law.                                                         issues set forth in Section 2 of this Order.

Louisiana Register Vol. 34, No. 09 September 20, 2008              1828
     SECTION 4: The Council shall be composed of a                             CC. One (1) representative from the Louisiana
maximum of thirty-nine (39) members who, unless                         Recovery Authority, and
otherwise specified, shall be appointed by and serve at the                    DD. Ten (10) at-large members who have disabilities
pleasure of the governor.                                               or have family members with disabilities.
       A. The governor, or the governor’s designee;                          SECTION 5: The chair of the Council shall be
       B. The lieutenant governor, or the lieutenant                    appointed by the governor from the membership of the
governor’s designee;                                                    Council. All other officers, if any, shall be elected by and
       C. The attorney general, or the attorney general’s               from the membership of the Council.
designee;                                                                    SECTION 6: The Council shall meet at regularly
       D. The secretary of state, or the secretary’s designee;          scheduled intervals and at the call of the chair.
       E. The state treasurer, or the state treasurer’s                      SECTION 7:
designee;                                                                      A. Council members shall not receive additional
       F. The secretary of the Department of Health and                 compensation or a per diem from the Office of the Governor
Hospitals, or the secretary’s designee;                                 for serving on the Council.
       G. The secretary of the Louisiana Workforce                             B. Council members who are an employee or an
Commission, or the secretary’s designee;                                elected public official of the state of Louisiana or a political
       H. The secretary of the Department of Social                     subdivision of the state of Louisiana may seek
Services, or the secretary’s designee;                                  reimbursement of travel expenses, in accordance with PPM
       I. The secretary of the Department of                            49, from their employing and/or elected department, agency
Transportation and Development, or the secretary’s                      and/or office.
designee;                                                                      C. Council members who are also a member of the
       J. The secretary of the Department of Wildlife and               Louisiana Legislature may seek a per diem from the
Fisheries, or the secretary’s designee;                                 Louisiana State Senate or House of Representatives, as
       K. The director of the Governor’s Office of                      appropriate, for their attendance.
Homeland Security and Emergency Preparedness, or the                         SECTION 8: Support staff, facilities, and resources
director’s designee;                                                    for the Council shall be provided by the Office of Disability
       L. The commissioner of the Department of                         Affairs, Office of the Governor.
Agriculture and Forestry, or the commissioner’s designee;                    SECTION 9: All departments, commissions, boards,
       M. The commissioner of the Department of                         offices, entities, agencies, and officers of the state of
Insurance, or the commissioner’s designee;                              Louisiana, or any political subdivision thereof, are
       N. One (1) member of the Louisiana State Senate,                 authorized and directed to cooperate with the Council in
designated by the president of the Louisiana Senate;                    implementing the provisions of this Order.
       O. One (1) member of the Louisiana House of                           SECTION 10: This Order is effective upon signature
Representatives, designated by the speaker of the Louisiana             and shall continue in effect until amended, modified,
House of Representatives;                                               terminated, or rescinded by the governor, or terminated by
       P. The superintendent of the Department of                       operation of law.
Education, or the superintendent’s designee;                                 IN WITNESS WHEREOF, I have set my hand
       Q. The state fire marshal, or the state fire marshal’s           officially and caused to be affixed the Great Seal of
designee;                                                               Louisiana, at the Capitol, in the city of Baton Rouge, on this
       R. The director of the Office of Elderly Affairs, or             22 day of August, 2008.
the director’s designee;
       S. The director of the Office of Facility Planning                                           Bobby Jindal
and Control, or the director’s designee;                                                            Governor
       T. The chair of the Developmental Disabilities                   ATTEST BY
Council, or the chair’s designee;                                       THE GOVERNOR
       U. The chair of the Advocacy Center, or the chair’s              Jay Dardenne
designee;                                                               Secretary of State
       V. The chair of the Louisiana Assistive Technology               0809#067
Access Network, or the chair’s designee;
       W. The chair of the Louisiana Rehabilitation                                   EXECUTIVE ORDER BJ 08-75
Council, or the chair’s designee;                                                    Louisiana D.A.R.E. Advisory Board
       X. The chair of the Statewide Independent Living
Council, or the chair’s designee;                                            WHEREAS, the Congress of the United States has
       Y. The chair of the Mental Health Planning Council,              enacted the Anti-Drug Abuse Act of 1988, 21 U.S.C.A.
or the chair’s designee;                                                §861, et seq., as generally amended, in recognition of the
       Z. The executive director of The Arc of Louisiana,               serious problems occurring within the United States due to
or the executive director’s designee;                                   the increase of drug abuse;
       AA. One (1) representative of disability services from                WHEREAS, the Louisiana Commission on Law
an institution of higher education; and                                 Enforcement has been created within the Office of the
       BB. One (1) representative from the Uniform                      Governor to operate as a forum on drug abuse issues and to
Construction Code Council;                                              coordinate drug abuse projects;

                                                                 1829              Louisiana Register Vol. 34, No. 09 September 20, 2008
     WHEREAS, two-thirds of Louisiana's public,                            SECTION 7: Support staff, facilities, and resources
private, and parochial school systems have executed written           for the Board shall be provided by the Office of the
agreements with law enforcement agencies to implement a               Governor.
Drug Abuse Resistance Education (D.A.R.E.) program; and                    SECTION 8: All departments, commissions, boards,
     WHEREAS, the D.A.R.E. Program is a nationally                    offices, entities, agencies, and officers of the state of
recognized and copyrighted drug education effort with                 Louisiana, or any political subdivision thereof, are
specific criteria for implementation which requires strict            authorized and directed to cooperate with the Board in
replication                                                           implementing the provisions of this Order.
     of the parent project;                                                SECTION 9: This Order is effective upon signature
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                      and shall continue in effect until amended, modified,
the state of Louisiana, by virtue of the authority vested by          terminated, or rescinded by the governor, or terminated by
the Constitution and the laws of the state of Louisiana, do           operation of law.
hereby order and direct as follows:                                        IN WITNESS WHEREOF, I have set my hand
     SECTION 1: The Louisiana D.A.R.E. Advisory                       officially and caused to be affixed the Great Seal of
Board (hereafter “Board”) is reestablished within the                 Louisiana, at the Capitol, in the city of Baton Rouge, on this
executive department, Office of the Governor.                         22nd day of August, 2008.
     SECTION 2: The duties of the Board shall include,
but are not limited to, the following:                                                            Bobby Jindal
       A. Develop, promote, monitor and evaluate the                                              Governor
D.A.R.E. Program throughout the state of Louisiana; and               ATTEST BY
       B. Serve as an advisory body to the Louisiana                  THE GOVERNOR
Commission on Law Enforcement regarding the                           Jay Dardenne
performance of its duties in relation to the D.A.R.E.                 Secretary of State
Program.                                                              0809#068
     SECTION 3: he Board shall consist of thirteen (13)
members, who shall be appointed by and serve at the                                 EXECUTIVE ORDER BJ 08-76
pleasure of the governor, selected as follows:                                    Executive Department—Grants Portal
       A. The president of the Louisiana D.A.R.E. Officers'
Association, or the president’s designee;                                  WHEREAS, the state of Louisiana desires to
       B. One (1) representative from the Governor's Drug             effectively maximize the use of federal, state and private
Policy Board;                                                         grant funds available to local governments, nonprofits and
       C. Two (2) members from the Louisiana Sheriff's                private citizens;
Association;                                                               WHEREAS, the state of Louisiana desires to increase
       D. Two (2) members from the Louisiana Chiefs of                the awareness of availability of such funds and programs
Police Association;                                                   available to agencies of the state, units of local government,
       E. Two (2) members from the Louisiana                          as well as nonprofit and faith-based organizations;
Commission on Law Enforcement;                                             WHEREAS, the state of Louisiana desires to reduce
       F. One (1) principal representing a Louisiana public           duplication of effort among the agencies of the state;
school;                                                                    WHEREAS, there are a multitude of existing federal
       G. One (1) teacher representing a Louisiana                    and state grants available;
elementary school; and                                                     WHEREAS, the state of Louisiana seeks to
       H. Three (3) members representing community                    encourage the use of competitive grant funding by local
interests.                                                            governments as well as nonprofit and faith-based
     SECTION 4: The chair of the Board shall be                       organizations;
appointed by the governor from the membership of the                       WHEREAS, the state of Louisiana seeks to make
Board. All other officers, if any, shall be elected by the            searching for grant funding easier by consolidating
members of the Board from its membership.                             application information into a single location;
     SECTION 5: The Board shall meet at regularly                          WHEREAS, citizens, local governments and
scheduled intervals and at the call of the chair.                     nonprofit organizations should be able to find information
     SECTION 6:                                                       on available grants in a single location;
       A. Board members shall not receive additional                       WHEREAS, the Division of Administration is part of
compensation or a per diem from the Office of the Governor            the executive branch of the state of Louisiana;
for serving on the Board.                                                  NOW THEREFORE, I, BOBBY JINDAL, Governor of
       B. Board members who are employees or elected                  the state of Louisiana, by virtue of the authority vested by
public officials of the state of Louisiana or a political             the Constitution and the laws of the state of Louisiana, do
subdivision thereof may seek reimbursement of travel                  hereby order and direct as follows:
expenses, in accordance with PPM 49, from their employing                  SECTION 1: The Division of Administration shall
and/or elected department, agency and/or office.                      create an online grants portal. This portal shall contain
       C. Board members who are also members of the                   information on all grants the state distributes to other parties.
Louisiana Legislature may seek a per diem from the                    This shall include federal grants that are administered by the
Louisiana State Senate or House of Representatives, as                state of Louisiana. This portal is to be created by March 2,
appropriate, for their attendance.                                    2009.
Louisiana Register Vol. 34, No. 09 September 20, 2008          1830
     SECTION 2: The Division of Administration shall                         SECTION 1: For procurement and contracting, strict
create policies and procedures as necessary to create the               compliance with R.S. 39:1481, et seq., and R.S. 39:1551, et
grants portal.                                                          seq., shall not be required. However, all state agencies
     SECTION 3: Each department of the executive                        should comply with the following conditions:
branch of state government shall assign a single point of                      A. An appointed official within the agency, or the
contact that will be responsible for providing the information          equivalent for elected officials in higher education, must
necessary for the grants portal for that department.                    determine that the failure to strictly comply with the
     SECTION 4: The Board of Regents in conjunction                     statutory restriction is necessary due to the emergency;
with the management board of the institutions of post-                         B. A centralized point of contact for each agency
secondary education shall submit a plan to the                          must monitor all transactions conducted without strict
Commissioner of Administration, which outlines how such                 statutory compliance, maintaining copies of all
institutions will comply with the objectives set forth in this          documentation. Documentation should specify whether the
Order. This plan shall be submitted to the Commissioner by              purchase falls into the "emergency" or "permanent" category
January 15, 2009.                                                       and whether the purchase relates to Hurricane Gustav and all
     SECTION 5: All departments, commissions, boards,                   documentation must be maintained and available for audit
offices, entities, agencies and officers of the state of                and FEMA reimbursement purposes;
Louisiana, or any political subdivision thereof, are                           C. Written competitive quotes and/or offers must be
authorized and directed to cooperate with the                           obtained whenever possible and agencies must take the
implementation of the provisions of this Order.                         necessary steps to assess that fair and equitable pricing is
     SECTION 6: This Order is effective upon signature                  being offered;
and shall remain in effect until amended, modified,                            D. Performance-based contracting should be used
terminated, or rescinded by the Governor, or terminated by              where practical;
operation of law.                                                              E. Statewide contracts should be used where
     IN WITNESS WHEREOF, I have set my hand                             practical;
officially and caused to be affixed the Great Seal of                          F. To the maximum extent possible, such
Louisiana, at the Capitol, in the city of Baton Rouge, on this          emergency contracts should be only for the duration of the
27th day of August, 2008.                                               emergency or to allow the agency time to comply with
                                                                        normal competitive bidding requirements if the goods or
                           Bobby Jindal                                 services will be required for an extended period of time;
                           Governor                                            G. Copies of contracts which would otherwise
ATTEST BY                                                               require approval by the Office of Contractual Review or the
THE GOVERNOR                                                            Office of State Purchasing and the supporting documentation
Jay Dardenne                                                            discussed above must be provided to these agencies within
Secretary of State                                                      30 days or sooner, if practical. Additionally, ISIS agencies
0809#069                                                                should enter small purchases into the AGPS/CFMS database
                                                                        as soon as practical. The Office of Contractual Review or the
             EXECUTIVE ORDER BJ 08-77                                   Office of State Purchasing shall review the contracts and
                 Emergency Procedures for                               documentation to determine compliance with this Executive
                 Conducting State Business                              Order; and
                                                                               H. Payments to contractors should be made only
     WHEREAS, pursuant to the Louisiana Homeland                        after verification that all goods and services meet contract
Security and Emergency Assistance and Disaster Act, R.S.                requirements.
29:721, et seq., a state of emergency/disaster was declared                  SECTION 2: The inspector general is directed and
through Proclamation No. 51 BJ 2008;                                    authorized to monitor those transactions conducted outside
     WHEREAS, Hurricane Gustav and its aftermath has                    the scope of regulatory statutes, orders, rules and regulations
the potential to cause unprecedented and extensive damage               to insure that those transactions are directly related to the
in the state of Louisiana and these tragic events has                   emergency situation and are prudently handled and, if any
significant consequences on the financial conditions of the             inappropriate transactions are noted, those situations shall be
state; and                                                              reported directly to the governor.
     WHEREAS, the Louisiana Homeland Security and                            SECTION 3: All cabinet members, statewide elected
Emergency Assistance and Disaster Act, R.S. 29:721, et                  officials and department heads are authorized to transfer the
seq., confers upon the governor of the state of Louisiana               directions, job assignments, personnel, and functions of their
emergency powers to deal with emergencies and disasters,                departments for the purpose of performing or facilitating
including those caused by fire, flood, earthquake or other              emergency services as necessary.
natural or man-made causes, to ensure that preparations of                   SECTION 4: All available resources of state
this state will be adequate to deal with such emergencies or            government should be utilized as reasonably necessary to
disasters, and to preserve the lives and property of the                cope with this emergency.
citizens of the state of Louisiana;                                          SECTION 5: This Order is effective upon signature
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                        and shall be made applicable August 29, 2008 and continue
the state of Louisiana, by virtue of the authority vested by            in effect until amended, modified, terminated, or rescinded
the Constitution and the laws of the state of Louisiana, do             by the governor, or terminated by operation of law.
hereby order and direct as follows:
                                                                 1831             Louisiana Register Vol. 34, No. 09 September 20, 2008
     IN WITNESS WHEREOF, I have set my hand                             in weight. No group of two (2) axles vehicles shall exceed
officially and caused to be affixed the Great Seal of                   forty thousand (40,000) pounds in weight. No group of three
Louisiana, at the Capitol, in the city of Baton Rouge, on this          (3) axles vehicles shall exceed forty-eight thousand (48,000)
29th day of August, 2008.                                               pounds in weight, except with a permit issued by the
                                                                        Department;
                           Bobby Jindal                                         C. Maximum gross vehicle weight for vehicles
                           Governor                                     equipped with four (4) weight-bearing axles with outer
ATTEST BY                                                               bridge spans of not less than forty-three (43) feet shall not
THE GOVERNOR                                                            exceed eighty thousand (80,000) pounds. No single axle
Jay Dardenne                                                            vehicle shall exceed twenty thousand (20,000) pounds in
Secretary of State                                                      weight. No group of two (2) axles vehicles shall exceed forty
0809#070                                                                thousand (40,000) pounds in weight. No group of three (3)
                                                                        axles vehicles shall exceed forty-eight thousand (48,000)
             EXECUTIVE ORDER BJ 08-78                                   pounds in weight, except with a permit issued by the
     DOTD Guidelines for Vehicles, Trucks and Loads                     Department.
                                                                                D. Maximum dimensions shall not exceed fourteen
     WHEREAS, the Louisiana Homeland Security and                       (14) feet wide, fourteen (14) feet high, and ninety-five (95)
Emergency Assistance and Disaster Act, R.S. 29:721, et                  feet long on Interstate highways and fourteen (14) feet wide,
seq., confers upon the governor of the state of Louisiana               thirteen (13) feet six (6) inches high, and ninety-five (95)
emergency powers to deal with emergencies and disasters,                feet long on non-Interstate highways. Carriers, owners,
including those caused by fire, flood, earthquake or other              and/or drivers of any vehicle being operated under this Order
natural or man-made causes, to ensure that preparations of              are responsible for verifying in advance that the actual
this state will be adequate to deal with such emergencies or            dimensions and weight of the vehicle/load are acceptable for
disasters, and to preserve the lives and property of the                all routes being traveled. This includes, but is not limited to,
citizens of the state of Louisiana;                                     areas deemed by Federal, state, or local officials as
     WHEREAS, pursuant to Proclamation No. 51 BJ                        inaccessible due to damages caused by Hurricane Katrina,
2008, a state of emergency was declared and is currently in             overhead structures and/or construction areas; and
effect and as a result has requested the assistance of other                    E. Any vehicle greater than eight (8) feet six (6)
states;                                                                 inches wide and less than or equal to fourteen (14) feet wide
     WHEREAS, the safety and welfare of the inhabitants                 may travel during daylight hours only, beginning thirty (30)
of the affected areas of Louisiana and surrounding states,              minutes before sunrise and ending thirty (30) minutes after
require that the movements of operators of commercial                   sunset.
motor carriers traveling on the public highways of the state                 SECTION 2: The commercial vehicle regulatory
of Louisiana for the purpose of emergency preparedness and              requirements regarding the purchase of trip permits for
disaster relief efforts be expedited;                                   registration and fuel for commercial motor carriers engaged
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                        in disaster relief efforts in the state of Louisiana shall be
the state of Louisiana, by virtue of the authority vested by            waived. This permit waiver also applies to such
the Constitution and the laws of the state of Louisiana, do             vehicles/loads with weights and dimensions not exceeding
hereby order and direct as follows:                                     those described in Section 1(A) through (D) above.
     SECTION 1: The following size and weight for                       However, such permits must be obtained from the Louisiana
vehicles on roadways maintained by the state of Louisiana               Department and Transportation and Development for
shall not exceed the following limitations:                             vehicles exceeding those weights.
        A. Maximum gross vehicle weight for vehicles                         SECTION 3: Nothing in this Order shall be construed
equipped with five (5) or more weightbearing axles with                 to allow any vehicle to exceed weight limits posted for
outer bridge spans of not less than forty (40) feet, but less           bridges and like structures, or relieve any vehicle or carrier,
than fifty-one (51) feet, shall not exceed ninety thousands             owner or driver of any vehicle from compliance with any
(90,000) pounds. No single axle vehicle shall exceed twenty             restrictions other than those specified, or from any statute,
thousands (20,000) pounds in weight. No group of two (2)                rule, order, or other legal requirement not specifically
axles vehicles shall exceed forty thousand (40,000) pounds              waived herein.
in weight. No group of three (3) axles vehicles shall exceed                 SECTION 4: Nothing in this Order shall be construed
forty-eight thousands (48,000) pounds in weight except with             or interpreted as being applicable to travel on nonstate
a permit issued by the Louisiana Department of                          maintained highways, or as being applicable to construction
Transportation and Development (hereafter "Department");                and building projects that are not in support of Hurricane
        B. Maximum gross vehicle weight for vehicles                    Katrina recovery and repair efforts.
equipped with five (5) or more weightbearing axles with                      SECTION 5: This Order is effective upon signature
outer bridge spans of not less than fifty-one (51) feet shall           and shall apply unless amended, modified, terminated, or
not exceed ninety-five thousands (95,000) pounds. No single             rescinded by the governor, or terminated by operation of
axle vehicle shall exceed twenty thousand (20,000) pounds               law.




Louisiana Register Vol. 34, No. 09 September 20, 2008            1832
     IN WITNESS WHEREOF, I have set my hand                                    A. This Order is effective upon signature and shall
officially and caused to be affixed the Great Seal of                   remain in effect until amended, modified, terminated or
Louisiana, at the Capitol, in the city of Baton Rouge, on this          rescinded by the governor, or terminated by operation of law.
29th day of August, 2008.                                                      B. This Order shall be immediately terminated upon
                                                                        a finding by or notification from the U.S. Department of
                           Bobby Jindal                                 Transportation that the application of Section 1 of this Order
                           Governor                                     will result in the loss of Federal Motor Carrier Safety
ATTEST BY                                                               Assistance Program funding.
THE GOVERNOR                                                                 SECTION 4: This Order is effective upon signature
Jay Dardenne                                                            and shall remain in effect until amended, modified,
                                                                        terminated or rescinded by the governor, or terminated by
             EXECUTIVE ORDER BJ 08-79                                   operation of law.
                                                                             IN WITNESS WHEREOF, I have set my hand
Hours of Service of Drivers of Telecommunications, Water
                                                                        officially and caused to be affixed the Great Seal of
                          and/or
                                                                        Louisiana, at the Capitol, in the city of Baton Rouge, on this
           Wastewater Utility Service Vehicles
                                                                        29th day of August, 2008.
      WHEREAS, the welfare of the citizens of the state of
                                                                                                    Bobby Jindal
Louisiana is jeopardized by any occurrence, natural or man-
                                                                                                    Governor
made, that interrupts the delivery of telecommunications,
                                                                        ATTEST BY
water and/or wastewater (collectively referred to herein as
                                                                        THE GOVERNOR
“utilities”) services;                                                  Jay Dardenne
      WHEREAS, 49 C.F.R. §350.201, et seq., of the Federal              Secretary of State
Motor Carrier Safety Regulations, requires each state to                0809#071
assume responsibility for improving motor carrier safety and
adopting and enforcing safety laws and regulations that are                           EXECUTIVE ORDER BJ 08-80
compatible with new federal hours of service regulations as
soon as practical, but no later than June 27, 2006, as a                           Temporary Housing of Displaced Youth
condition for Commercial Motor Carrier Safety Assistance
Program funding;                                                             WHEREAS, pursuant to the Louisiana Homeland
      WHEREAS, transportation performed by state,                       Security and Emergency Assistance and Disaster Act, R.S.
federal and local governments is exempt from the new                    29:721, et seq., a state of emergency was declared through
federal hours of service regulations by 49 C.F.R.                       Proclamation No.51 BJ 2008;
§390.3(f)(2); and                                                            WHEREAS, it appears that Hurricane Gustav will
      WHEREAS, application of the new federal hours of                  make landfall along the Gulf Coast between Texas and
service regulations to the drivers of utility service vehicles          Florida, most likely Louisiana according to weather
engaged solely in intrastate commerce within the state of               information available at this time. In which event, severe
Louisiana may impair the ability of such utilities from                 flooding and damage to the southern part of the state, will
expeditiously restoring services by prohibiting drivers from            threaten the safety, health, and security of the citizens of the
working extended hours while assisting in the restoration of            state of Louisiana, along with private property and public
their services;                                                         facilities;
      NOW THEREFORE, I, BOBBY JINDAL, Governor of                            WHEREAS, emergency situations that may be
the state of Louisiana, by virtue of the authority vested by            caused by Hurricane Gustav, and the subsequent flooding
the Constitution and the laws of the state of Louisiana, do             and damage that is likely to ensue, will cause youth to be
hereby order and direct as follows:                                     evacuated from juvenile detention centers from areas
      SECTION 1: Notwithstanding any provision of the                   affected by Hurricane Gustav and placed in facilities
Louisiana Administrative Code to the contrary, during the               operated by DPS&C Youth Services, in detention facilities
declared state of emergency for Hurricane Gustav,                       unaffected by the hurricane, or in other residential facilities
Proclamation No. 51 BJ 2008, issued August 27, 2008, 49                 operated by Youth Services contractors;
CFR §390.23 is now applicable to the drivers of utility                      WHEREAS, R.S. 15:901 authorizes DPS&C Youth
service vehicles, which are engaged solely in intrastate                Services to house youth committed to the custody of the
commerce within the state of Louisiana and operated by                  agency;
utilities regulated by the Louisiana Public Service                          WHEREAS, if the anticipated temporary evacuation
Commission or the city of New Orleans (hereafter “Drivers               of youth to other facilities occurs, DPS&C Youth Services,
of Utility Service Vehicles”), while this Order is in effect.           and other facilities not operated by the Department of Public
      SECTION 2: Any rule and/or regulation promulgated                 Safety and Corrections, will be temporarily housing
by the Department of Public Safety and Corrections after                juveniles who are pre-trial, adjudicated, and/or pre-
this Order is issued, which adopts the Federal Hours of                 disposition detainees;
Service Regulations, shall not be applicable to drivers of                   WHEREAS, in order to safely and effectively house
utility service vehicles while this Order is in effect.                 these youth, provide for their medical treatment, contact
      SECTION 3:


                                                                 1833              Louisiana Register Vol. 34, No. 09 September 20, 2008
their families, make informed decisions about their care and                  SECTION 3: Any extraordinary medical expenses
placement and provide for the public safety, Youth Services              incurred for the care of youth temporarily transferred from
will require that the detention centers provide information              one of the affected parishes will be reimbursed in
about the youth’s criminal history, current charges,                     accordance with R.S. 15:824(B)(1)(c);
protection concerns, family contact information, and medical                  SECTION 4: DPS&C Youth Services is authorized to
history, as well as at least a fifteen (15) day supply of any            pay detention facilities the daily rate of $106.24 for the
medications the youth is currently taking, if needed;                    housing of evacuated youth;
     WHEREAS, pursuant to Executive Order No. BJ                              SECTION 5: DPS&C Youth Services is authorized to
2008-77, issued on August 29, 2008, cabinet members,                     pay residential programs the current Youth Services contract
statewide elected officials, and state agency heads are/will             rate with that program for the housing of evacuated youth;
be authorized and empowered to use their best judgment in                     SECTION 6: When Youth Services house the
purchasing goods and services necessary to satisfy the                   evacuated youth or is authorized to pay for the housing of
situation caused by this emergency;                                      evacuated youth, Youth Services will bill, and local
     WHEREAS, the facilities that may temporarily house                  governments will pay the daily rate that the governmental
youth evacuated from other areas will experience additional              entity currently pays the pertinent detention center for
costs and expenses due to the evacuation of the affected                 housing youth from that parish or governmental subdivision
youth because of the increased population and the special                effective the fourth (4th) day the youth is housed at any
needs of those youth, as well as the extraordinary medical               location, except for youth committed to the custody of
care that may be required for some of the temporarily                    Youth Services;
evacuated youth;                                                              SECTION 7: All departments, commissions, boards,
     WHEREAS, R.S. 46:1906 (B)(2) authorizes the                         offices, entities, agencies, and officers of the state of
payment of a daily rate to any non-state owned facility for              Louisiana, or any political subdivision thereof, areauthorized
feeding and maintaining each child who is adjudicated                    and directed to cooperate with the implementations of the
delinquent and committed to the department by a court to be              provisions of this Order; and
held in a secure environment, and who is held in such a                       SECTION 8: This Order is effective upon signature
secure facility for any reason, an amount equal to ninety                and shall apply unless amended, modified, terminated, or
percent of the current weighted average of the amount paid               rescinded by the governor, or terminated by operation of
state detention facilities, determined to be $96.43 for the              law.
year 2001, to be adjusted yearly on July first, pursuant to the               IN WITNESS WHEREOF, I have set my hand
consumer price index ($106.24 effective 7/1/2008);                       officially and caused to be affixed the Great Seal of
     WHEREAS, for housing the affected youth; DPS&C                      Louisiana, at the Capitol, in the city of Baton Rouge, on this
Youth Services will make payments to detention centers in                30th day of August, 2008.
accordance with R.S. 46:1906, and make payments to
residential programs at the current Youth Services contract                                         Bobby Jindal
rate with that program as authorized by R.S. 15:1081, et                                            Governor
seq.;                                                                    ATTEST BY
     WHEREAS, when Youth Services house the                              THE GOVERNOR
evacuated youth or is authorized to pay for the housing of               Jay Dardenne
evacuated youth, Youth Services will bill, and local                     Secretary of State
governments will pay, the daily rate that the governmental               0809#073
entity currently pays the pertinent detention center for
housing youth from that parish or governmental subdivision                             EXECUTIVE ORDER BJ 08-81
effective the fourth (4 ) day that the youth is housed at any                       Licensed Bed Capacity for Nursing Homes
location except for youth committed to the custody of Youth
Services;                                                                     WHEREAS, the state of Louisiana desires to
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                         promote and protect the health, safety, and well-being of all
the state of Louisiana, by virtue of the authority vested by             Louisiana residents, and specifically those residents in
the Constitution and the laws of the state of Louisiana, do              nursing facilities;
hereby order and direct as follows:                                           WHEREAS, the state of Louisiana desires to ensure
     SECTION 1: Whether those youth have been                            the protection of such residents in nursing facilities in times
committed to DPS&C Youth Services or not, R.S. 15:901 is                 of declared emergencies;
hereby suspended to the extent that DPS&C Youth Services                      WHEREAS, R.S. 40:2116(D)(2) prohibits the
is granted the authority to bring into its temporary,                    Department of Health and Hospitals from approving
constructive custody, youth evacuated from detention                     additional beds in nursing facilities;
facilities in the parishes affected by Hurricane Gustav;                      WHEREAS, the state of Louisiana desires that
     SECTION 2: Any detention center evacuating youth                    residents in nursing facilities be able to temporarily evacuate
to Youth Services will send the youth’s records including                to safe sheltering locations during an emergency; and
information about the youth’s criminal history, current                       WHEREAS, the state of Louisiana, recognizing the
charges, protection concerns, family contact information,                potential significance of Hurricane Gustav, desires to
and medical history, as well as at least a fifteen (15th) day            minimize the impact of the hurricane on the residents of
supply of any medications the youth is currently taking, if              nursing facilities;
needed;

Louisiana Register Vol. 34, No. 09 September 20, 2008             1834
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                             WHEREAS, R.S. 29:735 (A)(1), provides immunity
the state of Louisiana, by virtue of the authority vested by            to the state and its agencies for the death of or injury to
the Constitution and the laws of the state of Louisiana, do             persons or damage to property as a result of engaging in
hereby order and direct as follows:                                     homeland security or emergency preparedness activities;
     SECTION 1: The secretary of the Department of                           NOW THEREFORE, I, BOBBY JINDAL, Governor of
Health and Hospitals may, at his discretion, establish such             the state of Louisiana, by virtue of the authority vested by
protocols, policies, and procedures as to allow a licensed              the Constitution and the laws of the state of Louisiana, do
nursing facility which accepts or receives evacuated                    hereby order and direct as follows:
residents to temporarily exceed its licensed bed capacity in                 SECTION 1: For the purpose of (1) evacuations; (2)
the event of a declared emergency.                                      shelter operations; and (3) obtaining medication, personal
     SECTION 2: The secretary of the Department of                      supplies, medical care and other critical services, strict
Health and Hospitals may establish such protocols, policies,            compliance with Louisiana Administrative Code Title 34,
and procedures without strict compliance with the                       Part XI, Section 103, and any other rule, regulation, policy
requirements and provisions of the Administrative Procedure             or practice of any agency which limits travel in state-owned
Act.                                                                    vehicles to state employees unless specific permission is
     SECTION 3: This Order is effective upon signature                  given and procedures are followed, shall not be required
and shall remain in effect until amended, modified,                     during the existence of this declared state of emergency for
terminated, or rescinded by the governor, or terminated by              Hurricane Gustav, Proclamation No. 51 BJ 2008.
operation of law.                                                            SECTION 2: Non-state employees may travel as
     IN WITNESS WHEREOF, I have set my hand                             passengers in state-owned vehicles only during the existence
officially and caused to be affixed the Great Seal of                   of this declared state of emergency for the specific purposes
Louisiana, at the Capitol, in the city of Baton Rouge, on this          outlined above. All other travel by non-state employees in
30th day of August, 2008.                                               state-owned vehicles shall be in compliance with Louisiana
                                                                        Administrative Code Title 34, Part XI, Section 103, and any
                           Bobby Jindal                                 other rule, regulation, policy or practice of any agency.
                           Governor                                          SECTION 3: This Order is effective upon signature
ATTEST BY                                                               and shall remain in effect until amended, modified,
THE GOVERNOR                                                            terminated or rescinded by the governor, or terminated by
Jay Dardenne                                                            operation of law.
Secretary of State                                                           IN WITNESS WHEREOF, I have set my hand
0809#074                                                                officially and caused to be affixed the Great Seal of
             EXECUTIVE ORDER BJ 08-82                                   Louisiana, at the Capitol, in the city of Baton Rouge, on this
             Use of State Vehicles to Transport                         30th day of August, 2008.
           Non-State Employees during Emergency
                                                                                                    Bobby Jindal
     WHEREAS, pursuant to the Louisiana Homeland                                                    Governor
Security and Emergency Assistance and Disaster Act, R.S.                ATTEST BY
29:721, et seq., a state of emergency/disaster was declared             THE GOVERNOR
through Proclamation No 51 BJ 2008;                                     Jay Dardenne
     WHEREAS, Hurricane Gustav and its aftermath has                    Secretary of State
                                                                        0809#075
the potential to cause unprecedented and extensive damage
in the state of Louisiana and these tragic events has
                                                                                      EXECUTIVE ORDER BJ 08-83
significant consequences on the financial conditions of the
state;                                                                                     Public Health Emergency
     WHEREAS, the Louisiana Homeland Security and
Emergency Assistance and Disaster Act, R.S. 29:721, et                       WHEREAS, the Louisiana Health Emergency
seq., confers upon the governor of the state of Louisiana               Powers Act, R.S. 29:760, et seq., confers upon the Governor
emergency powers to deal with emergencies and disasters,                of the state of Louisiana emergency powers to deal with
including those caused by fire, flood, earthquake or other              public health emergencies, including those caused by a
natural or man-made causes, to ensure that preparations of              disaster, such as hurricane, tornado, storm, flood, high
this state will be adequate to deal with such emergencies or            winds, and other weather related events, that poses a high
disasters, and to preserve the lives and property of the                probability of a large number of deaths in the affected
citizens of the state of Louisiana;                                     population or a large number of serious or long-term
     WHEREAS, R.S. 29:724 (D)(1), allows the governor                   disabilities in the affected population in order to ensure that
of the state of Louisiana to suspend the provisions of any              preparations of this state will be adequate to deal with such
order, rule or regulation of any state agency if strict                 emergencies or disasters and to preserve the health and lives
compliance with the provisions of the order, rule or                    of the people of the state of Louisiana;
regulation would in any way prevent, hinder, or delay                        WHEREAS, when the Governor after consultation
necessary action in coping with the emergency; and                      with the public health authority determines that a public




                                                                 1835              Louisiana Register Vol. 34, No. 09 September 20, 2008
health emergency has occurred, or the threat thereof is                              EXECUTIVE ORDER BJ 08-84
imminent, R.S. 29:766(A) empowers him to declare a state
                                                                                       Emergency Closure of Schools
of emergency by executive order or proclamation;
      WHEREAS, Hurricane Gustav is expected to impact
the coastal parishes of Louisiana with hurricane strength                    WHEREAS, the Louisiana Homeland Security and
                                                                        Emergency Assistance and Disaster Act, R.S. 29:721, et
winds, wave surges, high tides, torrential rain and tornado
                                                                        seq., confers upon the governor of the state of Louisiana
activity. The storm is expected to make landfall on the
                                                                        emergency powers to deal with emergencies and disasters,
Louisiana coast on or about September 1, 2008, with the
                                                                        including those caused by fire, flood, earthquake or other
expectation that hurricane force winds will reach the
Louisiana coast prior to landfall;                                      natural or man-made causes, to ensure that preparations of
      WHEREAS, the forecast from the National Weather                   this state will be adequate to deal with such emergencies or
                                                                        disasters, and to preserve the lives and property of the
Service indicates that the coastal parishes of Louisiana will
                                                                        citizens of the state of Louisiana;
be subjected to hurricane conditions to such a degree that
                                                                             WHEREAS, R.S. 29:724(A) confers upon the
life, health and safety will be placed in jeopardy;
                                                                        governor the power to issue executive orders which shall
      WHEREAS, the coastal parishes of Louisiana are
expected to issue parish declarations of emergency and                  have the force and effect of law;
widespread evacuations and temporary relocations of the                      WHEREAS, pursuant to Proclamation No.51 BJ 08,
                                                                        a state of emergency was declared and is currently in effect;
coastal population will occur, resulting in a potential
                                                                             WHEREAS, R.S. 29:724 (D)(2) confers upon the
disruption of health care by those relocating to an area
                                                                        governor the power to utilize all available resources of the
outside their homes;
                                                                        state government and of each political subdivision of the
      WHEREAS, a declaration of public health
emergency is necessary to allow state agencies to thoroughly            state as reasonably necessary to cope with the disaster or
prepare for any eventuality related to public health needs and          emergency;
                                                                             WHEREAS, R.S. 29:724 (D)(3) confers upon the
to allow federal agencies and federal resources to be
                                                                        governor the power to transfer the direction, personnel, or
deployed if necessary; and
                                                                        functions of state departments and agencies or units thereof
      WHEREAS, the secretary of the Department of
Health and Hospitals and the state health officer have                  for the purpose of performing or facilitating emergency
requested that a public health emergency be declared;                   services; and
                                                                             WHEREAS, R.S. 29:724(D)(7) confers upon the
      NOW THEREFORE, I, BOBBY JINDAL, Governor of
                                                                        governor the power to make provision for the availability
the state of Louisiana, by virtue of the authority vested by
                                                                        and use of temporary emergency housing;
the Constitution and the laws of the state of Louisiana, do
                                                                             NOW THEREFORE, I, BOBBY JINDAL, Governor of
hereby order and direct as follows:
      SECTION 1: Pursuant to the Louisiana Health                       the state of Louisiana, by virtue of the authority vested by
Emergency Powers Act, R.S. 29:760, et seq., a state of                  the Constitution and the laws of the state of Louisiana, do
                                                                        hereby order and direct as follows:
public health emergency is declared to exist in the state of
                                                                             SECTION 1: The following thirty (30) school
Louisiana as a result of forecasted hurricane activity which
                                                                        districts will suspend classes for Tuesday, September 2,
has created emergency conditions that threaten the lives and
                                                                        2008, and Wednesday, September 3, 2008: Avoyelles,
health of the citizens of the state.
      SECTION 2: The state of public health emergency                   Bienville, Bossier, Caddo, Caldwell, Catahoula, Claiborne,
extends from August 30, 2008, through September 29, 2008,               Concordia, DeSoto, East Baton Rouge, East Carroll,
                                                                        Franklin, Grant, Jackson, LaSalle, Lincoln, Madison,
unless terminated sooner.
                                                                        Morehouse, Natchitoches, Ouachita, Rapides, Red River,
      IN WITNESS WHEREOF, I have set my hand
                                                                        Richland, Sabine, Tensas, Union, Vernon, Webster, West
officially and caused to be affixed the Great Seal of
Louisiana, at the Capitol, in the city of Baton Rouge, on this          Carroll, and Winn.
30th day of August, 2008.                                                    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.
                           Bobby Jindal
                                                                             SECTION 3: The governor is authorized to close
                           Governor
ATTEST BY                                                               schools for emergency purposes to protect public health and
THE GOVERNOR                                                            safety of the citizens of Louisiana.
                                                                             SECTION 4: Each Superintendent of Education for
Jay Dardenne
                                                                        each school district in the above-referenced parishes shall
Secretary of State
0809#076                                                                order the closure of each educational facility under its
                                                                        direction.




Louisiana Register Vol. 34, No. 09 September 20, 2008            1836
     SECTION 5: The Office of Homeland Security and                     Congressional District – Democratic Party in the Parishes of
Emergency Preparedness shall make efforts to work with the              Jefferson and Orleans; U.S. Representative, 4th
superintendents and local boards of education to minimize               Congressional District – Democratic Party and U.S.
any disruption which may result from this Executive Order.              Representative, 4th Congressional District – Republican
     SECTION 6: This Order is effective upon signature                  Party in the Parishes of Allen, Beauregard, Bienville,
and shall remain in effect until amended, modified,                     Bossier, Caddo, Claiborne, DeSoto, Grant, Natchitoches,
terminated or rescinded by the governor, or terminated by               Red River, Sabine, Vernon, and Webster; U.S.
operation of law.                                                       Representative, 5th Congressional District – Republican
     IN WITNESS WHEREOF, I have set my hand                             Party in the Parishes of Allen, Avoyelles, Caldwell,
officially and caused to be affixed the Great Seal of                   Catahoula, Concordia, East Carroll, Evangeline, Franklin,
Louisiana, at the Capitol, in the city of Baton Rouge, on this          Iberville, Jackson, LaSalle, Lincoln, Madison, Morehouse,
30th day of August, 2008.                                               Ouachita, Pointe Coupee, Rapides, Richland, Tensas, Union,
                                                                        West Carroll, and Winn; Ivan Fire Protection District No. 3
                            Bobby Jindal                                in the Parish of Bossier; and Prairie Bass Gravity Drainage
                            Governor                                    District in the Parish of St. Landry, all scheduled for
ATTEST BY                                                               September 6, 2008, are hereby postponed indefinitely and
THE GOVERNOR                                                            shall be rescheduled as soon as practicable.
Jay Dardenne                                                                 SECTION 2: This Order is effective upon signature.
Secretary of State                                                           IN WITNESS WHEREOF, I have set my hand
0809#077                                                                officially and caused to be affixed the Great Seal of the state
                                                                        of Louisiana, at the Capitol, in the city of Baton Rouge, on
              EXECUTIVE ORDER BJ 08-85                                  this 3rd day of September, 2008.
                Postponement of Primary and
           Proposition Elections for Certain Parishes
                                                                                                    Bobby Jindal
     WHEREAS, "in order to ensure maximum citizen                                                   Governor
participation in the electoral process and provide a safe and           ATTEST BY
orderly procedure for persons seeking to qualify or exercise            THE GOVERNOR
their right to vote, to minimize to whatever degree possible a          Jay Dardenne
person’s exposure to danger during declared states of                   Secretary of State
                                                                        0809#107
emergency, and to protect the integrity of the electoral
process," the Louisiana Legislature enacted R.S. 18:401.1 to
                                                                                      EXECUTIVE ORDER BJ 08-86
provide "a procedure for the emergency suspension or delay
and rescheduling of qualifying, early voting, and elections";                          Suspension of Requirements for
and                                                                                     Special Officer Commissions
     WHEREAS, on September 2, 2008, pursuant to the
provisions of R.S. 18:401.1(B), the Secretary of State                       WHEREAS, a state of emergency was declared on
certified to the Governor that as a result of Hurricane Gustav          August 27, 2008, Proclamation No. 51 BJ 2008, as
a state of emergency exists in the parishes of Allen,                   Hurricane Gustav posed an imminent threat to the state of
Avoyelles, Beauregard, Bienville, Bossier, Caddo, Caldwell,             Louisiana;
Catahoula, Claiborne, Concordia, DeSoto, East Carroll,                       WHEREAS, subsequently, Hurricane Gustav struck
Evangeline, Franklin, Grant, Iberville, Jackson, Jefferson,             the state of Louisiana causing severe flooding and damage to
LaSalle, Lincoln, Madison, Morehouse, Natchitoches,                     the southern part of the state, which have threatened the
Orleans, Ouachita, Pointe Coupee, Rapides, Red River,                   safety and security of the citizens of the affected areas of the
Richland, Sabine, St. Charles, St. Landry, St. Tammany,                 state of Louisiana, along with private property and public
Tangipahoa, Tensas, Union, Vernon, Washington, Webster,                 facilities;
West Carroll, and Winn, and recommends that the primary                      WHEREAS, law enforcement manpower currently
and proposition elections to be held on Saturday, September             available to the state to respond to this emergency are
6, 2008, be delayed until such time as may be rescheduled in            insufficient and there is a need to immediately supplement
those parishes;                                                         the law enforcement presence in the area of the disaster;
     NOW THEREFORE I, Bobby Jindal, Governor of the                          WHEREAS, the superintendent of state police is
state of Louisiana, by virtue of the authority vested by the            authorized by R.S. 40:1379.1 to issue a special officer's
Constitution and laws of the state of Louisiana, do hereby              commission from the division of state police;
order and direct as follows:                                                 WHEREAS, R.S. 40:1379.1 also provides that such
     SECTION 1: Under           the    authority     of   R.S.          person must display the need for statewide police power and
18:401.1(B), and based on the September 2, 2008                         power to arrest, be bonded, and adhere to all restrictive
certification from the Secretary of State that a state of               stipulations, as set forth in the special officer's commission;
emergency exists in the above mentioned parishes, and the               and
recommendation that the elections for U.S. Representative,                   WHEREAS, the superintendent of state police has
1st Congressional District – Democratic Party in the                    requested that the requirement of bonding of special
Parishes of Jefferson, Orleans, St. Charles, St. Tammany,               commissioned officers be suspended temporarily so as not to
Tangipahoa, and Washington; U.S. Representative, 2nd
                                                                 1837              Louisiana Register Vol. 34, No. 09 September 20, 2008
delay necessary multi-jurisdictional actions in coping with                  WHEREAS, the             evacuations,      displacements,
the emergency;                                                          communication issues, as well as the inability of workers'
     NOW THEREFORE I, BOBBY JINDAL, Governor of                         compensation claimants, payors, and their representatives to
the state of Louisiana, by virtue of the authority vested by            gain access to their files has resulted in challenges to the
the Constitution and laws of the state of Louisiana, do                 administration of the workers' compensation system;
hereby order and direct as follows:                                          WHEREAS, R.S. 29:724, authorizes the governor
     SECTION 1: Pursuant to the Louisiana Homeland                      during a state of emergency to suspend the provisions of any
Security and Emergency Assistance and Disaster Act, R.S.                state regulatory statute prescribing procedures for
29:724, et seq., and more specifically R.S. 29:724(D), the              conducting state business, or the orders, rules or regulations
requirement of persons issued a special officer's commission            of any state agency, if strict compliance with the provision
by the superintendent of state police to be bonded shall be             of any statute, order, rule or regulation would in any way
suspended.                                                              prevent, hinder, or delay necessary action in coping with the
     SECTION 2: The only requirement of R.S. 40:1379.1                  emergency; and
which shall be suspended is the requirement of the bond and                  WHEREAS, the executive director of the Louisiana
proof thereof, and all other requirements shall remain in full          Workforce Commission has requested, due to the mass
force and effect.                                                       displacement of claimants across our state and our nation, as
     SECTION 3: The qualification and requirements as                   well as displacement of employers and payors across our
required by the Louisiana Administration Code Title 55, Part            state and our nation, that portions of R.S. 23:1124, regarding
1, §1303(G) shall also be suspended.                                    consequences for failure to timely submit to a medical
     SECTION 4: The suspension of the bond requirement                  examination, R.S. 23:1203(A), regarding out-of-state
by a person receiving a special officer's commission from               healthcare providers, and portions of Office of Workers
the superintendent of state police and LAC 55:1303(G) shall             Compensation Hearing Rule 6009 be suspended;
extend through October 1, 2008.                                              NOW THEREFORE I, BOBBY JINDAL, Governor of
     SECTION 5: This Order is effective upon signature,                 the state of Louisiana, by virtue of the authority vested by
retroactive to September 1, 2008, and shall continue in effect          the Constitution and laws of the state of Louisiana, do
until amended, modified, terminated, or rescinded by the                hereby order and direct as follows:
governor, or terminated by operation of law.                                 SECTION 1: R.S. 23:1124 which suspends an
     IN WITNESS WHEREOF, I have set my hand                             employee's right to workers' compensation benefits for
officially and caused to be affixed the Great Seal of                   failure to timely submit to a medical examination, and
Louisiana, in the city of Baton Rouge, on this 4th day of               provides employers and insurers the right to an expedited
September, 2008.                                                        hearing for the purpose of seeking an order compelling an
                                                                        employee’s compliance with a medical examination, is
                           Bobby Jindal                                 hereby suspended for those persons for whom a medical
                           Governor                                     examination is not reasonably possible due to the effects of
ATTEST BY                                                               the storm.
THE GOVERNOR                                                                 SECTION 2: R.S. 23:1203(A) is hereby suspended to
Jay Dardenne                                                            the extent that such statute differentiates between in-state
Secretary of State                                                      and out-of-state providers and facilities. The suspension
0809#108                                                                shall only apply for a claimant who evacuated to a location
             EXECUTIVE ORDER BJ 08-87                                   outside of Louisiana and for the time period that such
              Emergency Suspension of Certain                           claimant remains residing outside of Louisiana. In such
               Workers’ Compensation Laws                               instances, medical care, services and treatment shall be
                                                                        provided as though the provider or facility was located in
     WHEREAS, pursuant to the Louisiana Homeland                        Louisiana.
Security and Emergency Assistance and Disaster Act, R.S.                     SECTION 3: The portion of Office of Workers'
29:721, et seq., a state of emergency was declared through              Compensation Hearing Rule 6009 which requires that the
Proclamation No. 51 BJ 2008;                                            parties to workers' compensation mediation conferences
     WHEREAS, Hurricane Gustav struck the state of                      appear in person is hereby suspended. The suspension of this
Louisiana causing severe flooding and damage which has                  portion of the rule will minimize disruption to the orderly
threatened the safety, health, and security of the citizens of          conduct of mediations in instances in which Hurricane
the state of Louisiana, along with private property and public          Gustav has displaced the parties too far to participate in
facilities;                                                             person, and will allow them to participate in the mediation
     WHEREAS, Hurricane Gustav, and its aftermath, has                  via telephone instead.
displaced workers, employers, healthcare professionals and                   SECTION 4: This Order is effective upon signature
workers' compensation payors;                                           and shall apply retroactively from Thursday, August 28,
     WHEREAS, in addition to the displaced individuals                  2008, through Sunday, September 21, 2008, unless
and businesses, there are thousands of individuals impacted             amended, modified, terminated, or rescinded by the
by Hurricane Gustav who have numerous communication                     governor, or otherwise terminated prior thereto.
challenges due to the mass extended interruption of mail                     IN WITNESS WHEREOF, I have set my hand
service, phone service and electricity;                                 officially and caused to be affixed the Great Seal of the state



Louisiana Register Vol. 34, No. 09 September 20, 2008            1838
of Louisiana, at the Capitol, in the city of Baton Rouge, on                 IN WITNESS WHEREOF, I have set my hand
this 4th day of September, 2008.                                        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                                                                                           Bobby Jindal
THE GOVERNOR                                                                                        Governor
Jay Dardenne                                                            ATTEST BY
Secretary of State                                                      THE GOVERNOR
0809#109                                                                Jay Dardenne
                                                                        Secretary of State
             EXECUTIVE ORDER BJ 08-88                                   0809#110
             Emergency Authority for Call of
                                                                                      EXECUTIVE ORDER BJ 08-89
            Meetings of the State Mineral Board
                                                                                Rescheduling of the 2008 Primary, General
     WHEREAS, the State Mineral Board, created and                           and Proposition Elections Postponed by BJ 08-85
established by Act No. 93 of the 1936 Regular Legislative
Session, R.S. 30:121, et seq., meets at the call of the                      WHEREAS, “in order to ensure maximum citizen
Governor pursuant to the provisions of R.S. 30:123;                     participation in the electoral process and provide a safe and
     WHEREAS, the customary meeting schedule for the                    orderly procedure for persons seeking to qualify or exercise
State Mineral Board is impracticable at times, due to                   their right to vote, to minimize to whatever degree possible a
holidays, special events, and/or special circumstances;                 person’s exposure to danger during declared states of
     WHEREAS, the widespread damage occasioned by                       emergency, and to protect the integrity of the electoral
Hurricane Gustav has made impracticable the call of certain             process,” the Louisiana Legislature enacted R.S. 18:401.1 to
meetings of the State Mineral Board; and                                provide “a procedure for the emergency suspension or delay
     WHEREAS, it is essential to the functioning of                     and rescheduling of absentee voting in person and elections”;
government that the State Mineral Board be able to                           WHEREAS, on September 2, 2008, pursuant to the
reschedule or cancel its meetings expeditiously in a time of            provisions of R.S. 18:401.1(B), the Secretary of State
crisis, special event, or special circumstances;                        certified to the Governor that as a result of Hurricane Gustav
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                        a state of emergency exists in the parishes of Allen,
the state of Louisiana, by virtue of the authority vested by            Avoyelles, Beauregard, Bienville, Bossier, Caddo, Caldwell,
the Constitution and the laws of the state of Louisiana, do             Catahoula, Claiborne, Concordia, DeSoto, East Carroll,
hereby order and direct as follows:                                     Evangeline, Franklin, Grant, Iberville, Jackson, Jefferson,
     SECTION 1: During a declaration of emergency, the                  LaSalle, Lincoln, Madison, Morehouse, Natchitoches,
Chair of the Board is hereby delegated the Governor's                   Orleans, Ouachita, Pointe Coupee, Rapides, Red River,
authority to cancel, reschedule, or consolidate any Board               Richland, Sabine, St. Charles, St. Landry, St. Tammany,
meeting.                                                                Tangipahoa, Tensas, Union, Vernon, Washington, Webster,
     SECTION 2: During a declaration of emergency, the                  West Carroll and Winn;
Chair of the Board is also hereby authorized to issue for the                WHEREAS, pursuant to the Secretary of State’s
Governor the call of a special meeting of the Board that is in          September 2, 2008 certification, the following elections were
addition to the Board's monthly meeting, when special                   postponed by Executive Order No. BJ 08-85: the elections
circumstances necessitate that an additional meeting be held            for U.S. Representatives, 1st Congressional District –
and when it is impracticable for a quorum of the Board to               Democratic Party in the Parishes of Jefferson, Orleans, St.
meet to make such a call.                                               Charles, St. Tammany, Tangipahoa and Washington; U.S.
     SECTION 3: All departments, commissions, boards,                   Representatives, 2nd Congressional District –Democratic
offices, entities, agencies, and officers of the state of               Party in the Parishes of Jefferson and Orleans; U.S.
Louisiana, or any political subdivision thereof, are                    Representatives, 4th Congressional District – Democratic
authorized and directed to cooperate with the Board and its             Party and U.S. Representatives, 4th Congressional District –
Chair in implementing the provisions of this Order.                     Republican Party in the Parishes of Allen, Beauregard,
     SECTION 4: This Order is effective upon signature                  Bienville, Bossier, Caddo, Claiborne, DeSoto, Grant,
and shall continue in effect until amended, modified,                   Natchitoches, Red River, Sabine, Vernon, and Webster; U.S.
terminated, or rescinded by the governor, or terminated by              Representatives, 5th Congressional District – Republican
operation of law.                                                       Party in the Parishes of Allen, Avoyelles, Caldwell,
     SECTION 5: The provisions of Order BJ 2008-31                      Catahoula, Concordia, East Carroll, Evangeline, Franklin,
shall remain in effect, except as otherwise amended or                  Iberville, Jackson, LaSalle, Lincoln, Madison, Morehouse,
modified herein.




                                                                 1839              Louisiana Register Vol. 34, No. 09 September 20, 2008
Ouachita, Pointe Coupee, Rapides, Richland, Tensas, Union,                     D. U.S. Representative, 5th Congressional District –
West Carroll and Winn; Ivan Fire Protection District No. 3              Republican Party in the Parishes of Allen, Avoyelles,
in the Parish of Bossier; and Prairie Bass Gravity Drainage             Caldwell, Catahoula, Concordia, East Carroll, Evangeline,
District in the Parish of St. Landry, all scheduled for                 Franklin, Iberville, Jackson, LaSalle, Lincoln, Madison,
September 6, 2008; and                                                  Morehouse, Ouachita, Pointe Coupee, Rapides, Richland,
     WHEREAS, on September 4, 2008, the Secretary of                    Tensas, Union, West Carroll and Winn, First Party Primary
State recommended that an executive order be issued to                  to be rescheduled October 4, 2008, with early voting
reschedule the elections postponed by Executive Order No.               reopened September 20-27, 2008; and the General Election
BJ 08-85;                                                               to be held as scheduled on November 4, 2008, with early
     NOW THEREFORE, I, BOBBY JINDAL, Governor of                        voting as scheduled by law, October 21-28, 2008;
the state of Louisiana, by virtue of the authority vested by                   E. The proposition election for Ivan Fire Protection
the Constitution and the laws of the state of Louisiana, do             District No. 3 in the Parish of Bossier to be rescheduled
hereby order and direct as follows:                                     October 4, 2008, with early voting reopened September 20-
     SECTION 1: Under the authority of R.S. 18:401.1(B)                 27, 2008; and
and based on the September 2, 2008 certification of the                        F. The proposition election for Prairie Bass Gravity
secretary of state that a state of emergency exists in the              Drainage District in the Parish of St. Landry to be
parishes of Allen, Avoyelles, Beauregard, Bienville, Bossier,           rescheduled October 4, 2008, with early voting reopened
Caddo, Caldwell, Catahoula, Claiborne, Concordia, DeSoto,               September 20-27, 2008.
East Carroll, Evangeline, Franklin, Grant, Iberville, Jackson,               SECTION 2: Executive Order No. BJ 2008-85, issued
Jefferson, LaSalle, Lincoln, Madison, Morehouse,                        on September 3, 2008, is hereby rescinded and terminated.
Natchitoches, Orleans, Ouachita, Pointe Coupee, Rapides,                     SECTION 3: This Order is effective upon signature.
Red River, Richland, Sabine, St. Charles, St. Landry, St.                    IN WITNESS WHEREOF, I have set my hand
Tammany,       Tangipahoa,      Tensas,   Union,      Vernon,           officially and caused to be affixed the Great Seal of
Washington, Webster, West Carroll and Winn and the                      Louisiana, at the Capitol, in the city of Baton Rouge, on this
September 4, 2008 recommendation that the postponed                     4th day of September, 2008.
elections be rescheduled, the elections postponed by
Executive Order No. BJ 08-85 are rescheduled as follows:                                           Bobby Jindal
       A. U.S. Representative, 1st Congressional District –                                        Governor
Democratic Party in the Parishes of Jefferson, Orleans, St.             ATTEST BY
Charles, St. Tammany, Tangipahoa and Washington, First                  THE GOVERNOR
Party Primary to be rescheduled October 4, 2008, with early             Jay Dardenne
voting reopened September 20-27, 2008; and the General                  Secretary of State
Elections to be held as scheduled November 4, 2008, with                0809#111
early voting as scheduled by law, October 21-28, 2008;
       B. U.S. Representative, 2nd Congressional District –                          EXECUTIVE ORDER BJ 08-90
Democratic Party in the Parishes of Jefferson and Orleans,                Emergency Occupation of Hotels and Motels by Utility
First Party Primary to be rescheduled October 4, 2008, with                             Restoration Personnel
early voting reopened September 20-27, 2008; the Second
Party Primary to be rescheduled November 4, 2008, with                       WHEREAS, the Louisiana Homeland Security and
early voting as scheduled by law, October 21-28, 2008; and              Emergency Assistance and Disaster Act, R.S. 29:721, et
the General Election to be rescheduled December 6, 2008,                seq., confers upon the governor of the state of Louisiana
with early voting to be held November 18-25, 2008, or the               emergency powers to deal with emergencies and disasters,
General Election on November 4, 2008, if no Second Party                including those caused by fire, flood, earthquake or other
Primary is necessary, with early voting as scheduled by law,            natural or man-made causes, to ensure that preparations of
October 21-28, 2008;                                                    this state will be adequate to deal with such emergencies or
       C. U.S. Representative, 4th Congressional District –             disasters, and to preserve the lives and property of the
Democratic Party and U.S. Representative, 4th                           citizens of the state of Louisiana;
Congressional District – Republican Party in the Parishes of                 WHEREAS, under the provisions of Louisiana
Allen, Beauregard, Bienville, Bossier, Caddo, Claiborne,                Homeland Security and Emergency Assistance and Disaster
DeSoto, Grant, Natchitoches, Red River, Sabine, Vernon and              Act, and R.S. 29:724(A) in particular, the governor is
Webster, First Party Primary to be rescheduled October 4,               responsible for meeting the dangers to the state and people
2008, with early voting reopened September 20-27, 2008;                 presented by emergencies or disasters and may issue
the Second Party Primary to be rescheduled November 4,                  executive orders, proclamations, and regulations which shall
2008, with early voting as scheduled by law, October 21-28,             have the effect of law;
2008; and the General Election to be rescheduled December                    WHEREAS, the welfare of the citizens of the state of
6, 2008, with early voting to be held November 18-25, 2008,             Louisiana is jeopardized by any disaster, natural or
or the General Election on November 4, 2008, if no Second               manmade, that interrupts the delivery of electric, gas,
Party Primary is necessary, with early voting as scheduled              telecommunications, water and/or wastewater (collectively
by law, October 21-28, 2008;                                            referred to herein as “utilities”) services;




Louisiana Register Vol. 34, No. 09 September 20, 2008            1840
      WHEREAS, R.S. 45:859 provides that the swift                        the state which threatens the safety, health, and security of
restoration of electric and gas utility service following                 the citizens of the state of Louisiana, along with private
natural disasters can minimize the effects of such disasters              property and public facilities;
and therefore the restoration and rebuilding of the utilities is               WHEREAS, Hurricane Gustav, and its aftermath, has
a valid public purpose and in the best interests of the citizens          displaced thousands of workers and employers from their
and businesses of this state; and                                         homes and places of business;
      WHEREAS, during the restoration and recovery of                          WHEREAS, in addition to the displaced individuals,
utility infrastructure, it is necessary that hotel and motel              Hurricane Gustav has caused numerous communication
rooms and other commercial lodging facilities (“lodging                   challenges due to the interruption of mail service, phone
facilities”) be made available for employees and/or contract              service and electricity;
employees of utilities (“utility restoration personnel”) many                  WHEREAS, the              evacuations,       displacements,
of whom travel to the affected areas from out of state or out             communication issues, the inability of employers to access
of the area;                                                              personnel files, and the extraordinary volume of resulting
      NOW THEREFORE, I, BOBBY JINDAL, Governor of                         unemployment claims pose serious challenges to the
the state of Louisiana, by virtue of the authority vested by              effective and timely administration of the unemployment
the Constitution and the laws of the state of Louisiana, do               compensation system;
hereby order and direct as follows:                                            WHEREAS, the Louisiana Workforce Commission
      SECTION 1: During this declaration of emergency                     has consulted with the United States Department of Labor to
for Hurricane Gustav, Proclamation No. 51 BJ 2008, all                    assure the actions being taken in this order conform to
lodging facilities shall make every effort to allow utility               federal unemployment compensation laws and regulations;
restoration personnel to occupy and/or continue to occupy                      WHEREAS, R.S. 29:724 authorizes the governor,
such rooms or facilities under the normal terms, conditions               during a state of emergency, to suspend the provisions of
and rates of the lodging facility.                                        any state regulatory statute prescribing procedures for
      SECTION 2: During this declaration of emergency                     conducting state business, or the orders, rules or regulations
for Hurricane Gustav, Proclamation No. 51 BJ 2008, no                     of any state agency, if strict compliance with the provision
utility restoration personnel shall be replaced by non-utility            of any statute, order, rule or regulation would prevent,
restoration personnel as long as such person currently                    hinder, or delay necessary action in coping with the
occupying the lodging facility is able to pay the nightly                 emergency; and
rates, including applicable taxes, or is able to guarantee                     WHEREAS, the executive director of the Louisiana
payment during such time as said personnel are performing                 Workforce Commission has requested that Governor Jindal,
restoration and recovery of utility infrastructure activities.            due to the extreme volume of claims to be processed,
      SECTION 3: The attorney general, state police, and                  suspend R.S. 23:1533, 1552, 1600(2) and (3), and 1601(1),
local governmental authorities are authorized and mandated                (2) and (7)(a), (b) and (d) for disaster-related claims, so as to
to assist in ensuring compliance with this Order while it is in           allow the timely and fair administration of the
effect.                                                                   unemployment insurance program;
      SECTION 4: This Order is effective upon signature                        NOW THEREFORE, I, BOBBY JINDAL, Governor of
and shall remain in effect until amended, modified,                       the state of Louisiana, by virtue of the authority vested by
terminated or rescinded by the governor, or terminated by                 the Constitution and the laws of the state of Louisiana, do
operation of law.                                                         hereby order and direct as follows:
      IN WITNESS WHEREOF, I have set my hand                                   SECTION 1: For the purpose of this executive order,
officially and caused to be affixed the Great Seal of                     "disaster-related claims" shall mean claims for
Louisiana, at the Capitol, in the city of Baton Rouge, on this            unemployment compensation filed by persons whose
4th day of September, 2008.                                               unemployment is directly due to the effects of Hurricane
                                                                          Gustav or due to their inability to get to their job or worksite
                            Bobby Jindal                                  because they cannot travel through a disaster parish, as
                            Governor                                      determined by the administrator of the state's unemployment
ATTEST BY                                                                 compensation program, i.e., the executive director of the
THE GOVERNOR                                                              Louisiana Workforce Commission. Disaster-related claims
Jay Dardenne                                                              will not necessarily include all claims in all parishes
Secretary of State                                                        included in Hurricane Gustav disaster proclamations,
0809#112                                                                  declarations or orders.
                                                                               SECTION 2: The following statutes relative to
             EXECUTIVE ORDER BJ 08-91                                     unemployment insurance are hereby suspended to the extent
              Emergency Suspension of Certain                             and in the manner described below:
               Unemployment Insurance Laws                                        A. R.S. 23:1533, which provides for claimants'
                                                                          benefits to be charged against base period employers for
     WHEREAS, pursuant to the Louisiana Homeland                          purposes of employers' tax experience rating and the
Security and Emergency Assistance and Disaster Act, R.S.                  protesting of such charges by employers, shall be suspended
29:721, et seq., a state of emergency was declared through                for disaster-related claims made during the effective period
Proclamation No. 51 BJ 2008;                                              of this Order.
     WHEREAS, subsequently, Hurricane Gustav struck                               B. R.S. 23:1552, which provides for the charging of
the state of Louisiana causing severe flooding and damage to              claimants' benefits to certain employers, shall be suspended

                                                                   1841             Louisiana Register Vol. 34, No. 09 September 20, 2008
for disaster-related claims made during the effective period                            EXECUTIVE ORDER BJ 08-92
of this Order.
                                                                                  Emergency Suspension of Deadlines in Legal,
        C. R.S. 23:1600(2) and (3) shall be suspended while
                                                                                   Administrative, and Regulatory Proceedings
this Order is in effect for disaster-related claims to the extent
that they require claimants to register and search for work,
                                                                                WHEREAS, the Louisiana Homeland Security and
but the requirements in R.S. 23:1600(2) that claimants
                                                                           Emergency Assistance and Disaster Act, R.S. 29:721, et
continue to report at an employment office in the manner
                                                                           seq., confers upon the governor of the state of Louisiana
prescribed by the administrator, and in R.S. 23:1600(3) that
                                                                           emergency powers to deal with emergencies and disasters,
claimants be able to work and be available for work, are not
waived. The requirement to continue to report at an                        including those caused by fire, flood, earthquake or other
employment office, which is accomplished through either an                 natural or man-made causes;
                                                                                WHEREAS, Hurricane Gustav struck the state of
automated telephone system or the Internet, is not
                                                                           Louisiana causing severe flooding and damage to the state,
impractical and avoids overpayments, which claimants
                                                                           which has threatened the safety and security of the citizens
would be liable to repay. In the immediate aftermath of
                                                                           in the affected areas, along with private property and public
Hurricane Gustav the waived requirements are not practical
for claimants without fixed temporary or permanent housing                 facilities;
and verification of such activities is not practical in many                    WHEREAS, pursuant to Proclamation No. 51 BJ
                                                                           2008, a state of emergency was declared for the entire state
areas affected by Hurricane Gustav.
                                                                           on August 27, 2008, and is currently in effect;
        D. R.S. 23:1601(1), (2) and (7)(a), (b) and (d),
                                                                                WHEREAS, as a direct consequence of the disaster,
which provide certain disqualifications for otherwise eligible
                                                                           evacuation, and subsequent flooding and power outages,
claimants, shall be suspended for disaster-related claims
beginning while this Order is in effect. Persons having                    there are extreme challenges to communication networks
disaster-related claims were not discharged from their                     between citizens, which has created an obstruction to
                                                                           citizens attempting to timely exercise their rights to
employment nor did they quit or leave their employment as
                                                                           effectively pursue or defend claims in legal, administrative,
contemplated by R.S. 23:1601(1) and (2), and the case-by-
                                                                           and regulatory proceedings;
case adjudication of these issues would be an unproductive
and unnecessary use of agency resources that should be                          WHEREAS, La. Constitution Art. I §22 provides that
devoted to processing the extraordinary high volume of                     all courts shall be open, and every person shall have an
                                                                           adequate remedy by due process of law and justice,
disaster-related claims that will be filed. Calculation of the
                                                                           administered without denial, partiality, or unreasonable
waived §1601(7) offsets from unemployment benefits would
                                                                           delay, for injury to him in his person, property, reputation, or
unduly delay payment, given the volume of claims and the
                                                                           other rights;
volume of employers and claimants without access to the
pertinent records. Regardless of the waiver of R.S.                             WHEREAS, Hurricane Gustav has also rendered
23:1601(7), the requirement in R.S. 23:1600, that a claimant               several court houses and other state facilities temporarily
                                                                           inoperable and/or not fit for occupancy;
be "unemployed" as defined in R.S. 23:1472(19), is not
                                                                                WHEREAS, the destruction and disruption of
waived. Persons who are paid by their employers, but who
                                                                           services and infrastructure to our system of justice caused by
performed no services for the week(s) paid, are not
                                                                           Hurricane Gustav will have a profound impact on the basic
unemployed and therefore are not eligible to receive
unemployment benefits for any such week. Also, this waiver                 rights to an untold number of persons unless action is taken
shall not affect the offset of wages from a claimant's weekly              to suspend the effects of the tolling of legal delays during the
                                                                           period of this emergency; and
benefit amount pursuant to R.S. 23:1593.
                                                                                WHEREAS, the Speaker of the House of
     SECTION 3: This Order is effective upon signature
                                                                           Representative, the President of the Senate, the Louisiana
for those parishes already covered by the Major Disaster
Presidential Declaration dated September 1, 2008, and to                   State Bar Association, the Louisiana Association of Justice,
those parishes covered by any subsequent expansion of the                  and the Louisiana Association of Defense Counsel have each
                                                                           requested the governor to suspend all deadlines applicable to
September 1, 2008 Declaration. This shall apply
                                                                           legal, administrative, and regulatory proceedings, including
retroactively from the date of the first evacuation, i.e.,
                                                                           prescription and peremption, in all Louisiana state courts,
Friday, August 29, 2008, and shall continue through Sunday,
                                                                           administrative agencies and boards;
September 21, 2008, unless amended, modified, terminated,
or rescinded by the governor, or otherwise prior thereto.                       NOW THEREFORE I, BOBBY JINDAL, Governor of
     IN WITNESS WHEREOF, I have set my hand                                the state of Louisiana, by virtue of the authority vested by
                                                                           the Constitution and laws of the state of Louisiana, do
officially and caused to be affixed the Great Seal of
                                                                           hereby order and direct as follows:
Louisiana, at the Capitol, in the city of Baton Rouge, on this
                                                                                SECTION 1: All deadlines in legal, administrative,
5th day of September, 2008.
                                                                           and regulatory proceedings, including liberative prescriptive
                            Bobby Jindal                                   and peremptive periods in all courts, administrative
                            Governor                                       agencies, and boards are hereby suspended until Friday,
                                                                           September 12, 2008, including, but not limited to, any such
ATTEST BY
                                                                           deadlines set for in the following:
THE GOVERNOR
                                                                                   A. Louisiana Civil Code;
Jay Dardenne
                                                                                   B. Louisiana Code of Civil Procedure;
Secretary of State
0809#113                                                                           C. R.S. Title 9, Civil Code Ancillaries;

Louisiana Register Vol. 34, No. 09 September 20, 2008               1842
       D. R.S. Title 13, Courts and Judicial Procedure;                5121-5206, a similar federal declaration of emergency was
       E. R. S. Title 18, Chapter 11, Election Campaign                declared for affected parishes;
Finance;                                                                    WHEREAS, thousands of families and businesses
       F. R.S. Title 23, Chapter 10, Worker’s                          have suffered damages due to Hurricane Gustav and its
Compensation;                                                          aftermath. Many of such families and businesses have had to
       G. R.S. Title 40, Chapter 5 Part XXI-A, Malpractice             re-locate temporarily due to mandatory or voluntary
Liability for State Services;                                          evacuations and/or damage to their dwellings or offices that
       H. R.S. Title 40, Chapter 5, Part XXIII, Medical                render them uninhabitable. Also, certain healthcare provider
Malpractice; and                                                       networks, or portions thereof, have collapsed;
       I. R.S. Title 49, Chapter 13, Administrative                         WHEREAS, in addition to the displacement of
Procedure.                                                             thousands of citizens, Hurricane Gustav has also resulted in
     SECTION 2: This Order is effective upon signature                 mass interruption of communications, including phone
and shall apply retroactively from Friday, August 29, 2008,            service, internet service and the delivery of mail in
through Friday, September 12, 2008, unless amended,                    numerous areas throughout Louisiana;
modified, terminated, or rescinded by the governor, or                      WHEREAS, in the ordinary course of business,
terminated by operation of law prior to such time.                     insurance companies send notices to their insureds, of which
     IN WITNESS WHEREOF, I have set my hand                            many of such notices are required by law to be responded to
officially and caused to be affixed the Great Seal of                  within specified time limits with consequences for failure to
Louisiana, in the city of Baton Rouge, on this 5th day of              do so;
September, 2008.                                                            WHEREAS, state law also provides requirements for
                                                                       the approval and denial of claims by insurers of which
                          Bobby Jindal                                 compliance therewith is not practical for the thousands of
                          Governor                                     displaced insureds and necessary third parties such as
ATTEST BY                                                              healthcare provider networks;
THE GOVERNOR                                                                WHEREAS, Commissioner of Insurance James J.
Jay Dardenne                                                           Donelon has advised the governor that citizens in Louisiana
Secretary of State                                                     are at risk with regard to any and all kinds of insurance; and
0809#114                                                                    WHEREAS, Commissioner of Insurance James J.
                                                                       Donelon has requested that the governor use his authority to
             EXECUTIVE ORDER BJ 08-93                                  authorize him to suspend laws regarding legal deadlines and
Limited Transfer of Authority to Commissioner of Insurance             certain processes and procedures as it applies to Louisiana
        for Emergency Rules for Hurricane Gustav                       citizens who on 12:01 A.M., August 30, 2008, resided in
                                                                       certain parishes regarding any and all insurance matters,
     WHEREAS, pursuant to the Louisiana Homeland                       including, but not limited to, flood insurance, homeowners
Security and Emergency Assistance Act, R.S. 29:721, et                 insurance, life insurance, health and accident insurance,
seq., a state of emergency was declared through                        limited benefit insurance, vehicle insurance, liability
Proclamation No. 51 BJ 2008;                                           insurance, workers’ compensation insurance, burglary and
     WHEREAS, subsequently, Hurricane Gustav struck                    forgery insurance, glass insurance, fidelity and surety
the state of Louisiana resulting in severe flooding and                insurance, title insurance, fire and extended coverage
damage to the southern part of the state, which has                    insurance, steam boiler and sprinkler leakage insurance, crop
threatened the safety and security of the citizens of the              and livestock insurance, marine and transportation
affected areas of the state of Louisiana, along with private           insurance, credit life insurance, medical supplement
property and public facilities;                                        insurance, credit property and casualty insurance, annuity
     WHEREAS, the Louisiana Homeland Security and                      insurance, HMOs, professional and medical malpractice
Emergency Assistance and Disaster Act, R.S. 29:721, et                 liability insurance, property and casualty insurance, all
seq., confers upon the governor of the state of Louisiana              surplus lines insurance, self insurance funds, disability
emergency powers to deal with emergencies and disasters,               insurance, reciprocal insurance, long term care insurance,
including those caused by fire, flood, earthquake or other             short term health insurance, stop loss insurance, excess loss
natural or man-made causes, to ensure that preparations of             insurance, commercial general insurance, Medicare
this state will be adequate to deal with such emergencies or           supplement insurance, preferred provider organizations,
disasters, and to preserve the lives and property of the               managed care organizations and any and all other insurance
citizens of Louisiana;                                                 related entities licensed by the Commissioner or doing
     WHEREAS, in accordance with R.S. 29:724, the                      business in Louisiana;
governor may suspend the provisions of any regulatory                       NOW THEREFORE I, BOBBY JINDAL, Governor of
statute prescribing the procedures for conduct of state                the state of Louisiana, by virtue of the authority vested by
business, or the orders, rules, or regulations of any state            the Constitution and laws of the state of Louisiana, do
agency, if strict compliance with the provisions of any                hereby order and direct as follows:
statute, order, rule, or regulation would in any way prevent,               SECTION 1: Commissioner of Insurance James J.
hinder, or delay necessary action in coping with the                   Donelon shall have limited transfer of authority to act only
emergency;                                                             according to the requirements for implementation of
     WHEREAS, pursuant to the Robert T. Stafford                       Emergency Rule 24 (Title 37, Part XI, Chapter 44). The
Disaster Relief and Emergency Assistance Act, 42 U.S.C.                governor’s authority pursuant to R.S. 29:724 to suspend

                                                                1843             Louisiana Register Vol. 34, No. 09 September 20, 2008
provisions of any regulatory statute prescribing the                           IN WITNESS WHEREOF, I have set my hand
procedures for conduct of state business, or the orders, rules            officially and caused to be affixed the Great Seal of
or regulations of the Department of Insurance is transferred              Louisiana, at the Capitol, in the city of Baton Rouge, on this
to Commissioner of Insurance James J. Donelon for                         9th day of September, 2008.
purposes of enacting and enforcing Emergency Rule 24
(Title 37, Part XI, Chapter 44).                                                                     Bobby Jindal
     SECTION 2: Commissioner of Insurance James J.                                                   Governor
Donelon shall have limited transfer of authority to act only              ATTEST BY
according to the requirements for implementation of                       THE GOVERNOR
Emergency Rule 25 (Title 37, Part XI, Chapter 45). The                    Jay Dardenne
governor’s authority pursuant to R.S. 29:724 to suspend                   Secretary of State
provisions of any regulatory statute prescribing the                      0809#115
procedures for conduct of state business, or the orders, rules
or regulations of the Department of Insurance is transferred                            EXECUTIVE ORDER BJ 08-94
to Commissioner of Insurance James J. Donelon for                                    Emergency Operations Plan—Amendment
purposes of enacting and enforcing Emergency Rule 25                                   to Executive Order No. BJ 2008-32
(Title 37, Part XI, Chapter 45).
     SECTION 3: This limited transfer of authority                              WHEREAS, the state of Louisiana must be prepared
referenced in Sections 1 and 2 specifically includes, but is              to respond in a coordinated, effective and efficient manner to
not limited to, the authority to suspend applicable statutes,             all the emergencies and disasters to which it is subjected;
issue any rules, regulations, directives or take any other                      WHEREAS, it is the policy of the state of Louisiana
actions that Commissioner James J. Donelon deems                          for all homeland security and emergency preparedness
necessary for purposes of Emergency Rules No. 24 and 25 to                functions to follow the principles outlined in the National
protect the public health, safety, and welfare of the citizens            Incident Management System, or its successor, and La. R.S.
of Louisiana, who were affected by Hurricane Gustav, and                  29:722(C); and
on 12:01 AM, August 30, 2008, resided in those parishes of                      WHEREAS, the state of Louisiana will best achieve
Louisiana specified in Emergency Rules No. 24 and 25.                     effective coordinated emergency planning by updating the
     SECTION 4: Any rules, regulations, directives or any                 state’s current emergency operations order through the
other actions taken by Commissioner of Insurance James J.                 amendment of Executive Order No. BJ 08-32, issued on
Donelon to effectuate Emergency Rules No. 24 and 25 shall                 August 22, 2008, and by the Governor’s Office of Homeland
have the full force and effect as if said rules, regulations,             Security and Emergency Preparedness updating its
directives or any other actions were issued by the governor               emergency operations plan to expand the support agencies
of the state of Louisiana.                                                assigned to ESF-6 Function;
     SECTION 5: The governor of the state of Louisiana                          NOW THEREFORE, I, BOBBY JINDAL, Governor of
shall retain his power, coterminous with the power                        the state of Louisiana, by virtue of the authority vested by
transferred to Commissioner of Insurance James J. Donelon,                the Constitution and the laws of the state of Louisiana, do
to issue any rules, regulations, directives or take any other             hereby order and direct as follows:
actions with regard to any and all insurance matters                            SECTION 1: The ESF 6 function is amended as
necessary to protect the public health, safety and welfare of             follows:
the citizens of Louisiana.
     SECTION 6: This limited transfer of authority shall
remain in full force and effect for the duration of Emergency
Rules No. 24 and 25, which is until October 1, 2008.
     SECTION 7: The           Department       of     Insurance
Emergency Rules No. 24 and 25 are hereby declared to be
part of this Order.
     SECTION 8: All          emergency        orders,     rules,
regulations, directives or any other actions taken by
Commissioner of Insurance James J. Donelon referenced in
this Order shall be publicized according to law and posted
on     the    Department     of     Insurance     website     at
www.ldi.state.la.us.
     SECTION 9: 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
implementation of the provisions of this Order.
     SECTION 10: 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.


Louisiana Register Vol. 34, No. 09 September 20, 2008              1844
          Mass Care,                                                                                  Public Service Commission        S
         Housing and
ESF 6   Human Services     Department of Social Services     P                                     Department of State (Secretary of   S
                                                                                                               State)
                            Department of Corrections        P
                                                                                                      Department of Civil Service      S
                          Governor’s Office of Homeland      S
                            Security and Emergency                                                   Department of Transportation      S
                                 Preparedness                                                             and Development

                         Louisiana Family Recovery Corps     S

                            Louisiana Housing Finance        S
                                                                             SECTION 2: All departments, commissions, boards,
                                     Agency                             agencies and officers of the state, or any political
                                                                        subdivision thereof, are authorized and directed to cooperate
                            Louisiana National Guard         S          in the implementation of this Order.
                                                                             SECTION 3: This Order is effective upon signature
                          Department of Agriculture and      S          and shall remain in effect until amended, modified,
                                   Forestry                             terminated, or rescinded by the governor, or terminated by
                                                                        operation of law.
                             Department of Culture,          S               IN WITNESS WHEREOF, I have set my hand
                             Recreation and Tourism
                                                                        officially and caused to be affixed the Great Seal of
                             Department of Education         S
                                                                        Louisiana, at the Capitol, in the city of Baton Rouge, on this
                                                                        9th day of September, 2008.
                                State Fire Marshal           S
                                                                                                    Bobby Jindal
                          Governor – Office of Disability    S                                      Governor
                                     Affairs                            ATTEST BY
                                                                        THE GOVERNOR
                           Governor – Office of Elderly      S          Jay Dardenne
                                    Affairs                             Secretary of State
                                                                        0809#116
                            Department of Health and         S
                                   Hospitals                                          EXECUTIVE ORDER BJ 08-95

                         Louisiana State University System   S                             Hurricane Gustav Oyster
                                                                                           Lease Damage Inspection
                             Department of Insurance         S
                                                                             WHEREAS, on September 1, 2008, high winds and
                               Department of Labor           S          storm surges associated with Hurricane Gustav prompted the
                                                                        Department of Health and Hospitals to order a precautionary
                         Department of Natural Resources     S          closure of molluscan shellfish growing areas 1 through 28 on
                                                                        September 2, 2008, until such time as it could determine no
                            Louisiana Board of Regents       S          health dangers exist in those areas;
                                                                             WHEREAS, the Department of Wildlife and
                          Department of Veterans Affairs     S          Fisheries has conducted dredge sampling on public reefs in
                                                                        portions of those molluscan shellfish growing areas, and has
                              Department of Revenue          S          found silt and vegetative overburden present;
                                                                             WHEREAS, the Department of Health and Hospitals
                             Volunteer Organizations         S
                                                                        has not reopened molluscan shellfish growing areas at this
                                                                        time;
                             Department of Economic          S
                                  Development

                          Department of Environmental        S
                                   Quality

                         Department of Justice (Attorney     S
                                   General)

                          Department of Treasury (State      S
                                  Treasurer)

                            Department of Wildlife and       S
                                   Fisheries



                                                                 1845              Louisiana Register Vol. 34, No. 09 September 20, 2008
     WHEREAS, the oyster industry is important to the
culture and economy of the state of Louisiana, and silt and
vegetative overburden potentially may cause widespread
mortality within oyster populations; and
     WHEREAS, the best interests of the citizens of the
state of Louisiana are served by allowing oyster lessees with
leases located in molluscan shellfish growing areas 1
through 28 which remain closed at this time, pursuant to the
precautionary closure ordered by the Department of Health
and Hospitals on September 2, 2008, a one (1) day damage
inspection period to inspect for silt and vegetative
overburden on their oyster leases;
     NOW THEREFORE I, BOBBY JINDAL, 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: Pursuant          to    R.S.    29:724    and
notwithstanding any other provision of state law, regulation,
and/or precautionary closure order, an oyster lessee and/or a
licensed oyster harvester having written permission from the
oyster lessee, of an oyster lease located in molluscan
shellfish growing areas 1 through 28 which remains subject
to precautionary closure at this time by order of the
Department of Health and Hospitals dated September 2,
2008, (hereafter "oyster lease holder") shall be allowed to
conduct oyster lease damage inspection activities on such
oyster lease on Friday, September 12, 2008, under the
following conditions and in accordance with the following
procedures:
        A. No vessel used by an oyster lease holder for
oyster lease damage inspection activities shall have on board
or use more than one (1) statutorily authorized dredge;
        B. No vessel used by an oyster lease holder for
oyster lease damage inspection activities shall have any
sacks or containers on board;
        C. A vessel used by an oyster lease holder for oyster
lease damage inspection activities may have on board not
more than a standard measurement of one (1) barrel of
oysters as described in R.S. 56:440. All oysters must be
returned to the water prior to the vessel departing the oyster
lease;
        D. Under no circumstances shall an oyster lease
holder and/or the vessel of an oyster lease holder remove or
transport any oyster or oysters to or from an oyster lease
located in a molluscan shellfish growing area closed on
Friday, September 12, 2008, pursuant to precautionary
closures ordered on September 2, 2008;
        E. An oyster lease holder may conduct oyster lease
damage inspection activities pursuant to this Order only
between 7:00 a.m. and 5:00 p.m. on Friday, September 12,
2008; and
        F. For oyster lease damage inspection activities to
be conducted on an oyster lease by any person other than the
oyster lessee, the person shall have on board the vessel the
written permission of the oyster lessee authorizing the oyster
lease damage inspection activities on the oyster lease.




Louisiana Register Vol. 34, No. 09 September 20, 2008            1846
     SECTION 2: All departments, commissions, boards,                  Louisiana, at the Capitol, in the city of Baton Rouge, on this
agencies, and officers of the state, or any political                  10th day of September, 2008.
subdivision thereof, are authorized and directed to cooperate
with the Departments of Health and Hospitals and Wildlife                                          Bobby Jindal
and Fisheries in implementing the provisions of this Order.                                        Governor
     SECTION 3: This Order is effective upon signature                 ATTEST BY
and, unless rescinded sooner, shall expire at 5:00 p.m. on             THE GOVERNOR
Friday, September 12, 2008.                                            Jay Dardenne
     IN WITNESS WHEREOF, I have set my hand                            Secretary of State
officially and caused to be affixed the Great Seal of                  0809#117




                                                                1847              Louisiana Register Vol. 34, No. 09 September 20, 2008
                                         Emergency Rules
          DECLARATION OF EMERGENCY                                      Commissioner, and such restriction and mitigation are to be
                                                                        strictly complied with and observed by said aerial
         Department of Agriculture and Forestry
                                                                        applicators.
              Office of the Commissioner
                                                                                  iv. Aerial applicators will adjust flight patterns, to
                                                                        the degree possible, to avoid or minimize flying over
   Fixed Wing Aircraft; Standards for Commercial Aerial
                                                                        sensitive areas. This restriction does not apply to over flight
         Pesticide Applications (LAC 7:XXIII.145)
                                                                        between take-off and the commencement of spray
                                                                        operations, or over flight between termination of spray
   In accordance with the emergency provisions of the                   operations and landing.
Administrative Procedure Act, R.S. 49:953(B), and under the                        v. Aerial applicators shall be alert to all
authority of R.S. 3:3203, the Commissioner of Agriculture               conditions that could cause spray deposit outside field
and Forestry declares an emergency to exist and adopts by               boundaries and use their good faith efforts, including
emergency process the attached rules and regulations for the            adjustment or termination of operations, to avoid spray
application of an ultra low volume insecticide to be applied            deposit outside field boundaries.
to cotton fields infested with boll weevils.                                      vi. Aerial spraying shall not be conducted when
   The applications of insecticides in accordance with the              wind velocity exceeds 10 m.p.h.
current concentration regulations have not been sufficient to                    vii. Aerial applicators will terminate application if
control plant bugs. Failure to allow the concentrations in              rainfall is imminent.
ultra low volume (ULV) malathion and a pyrethroid                               viii. Insecticide spray will not be applied in fields
application (tank mixed) will allow the plant bugs the                  where people or animals are present. It is the applicator’s
opportunity to destroy the cotton during the growing season,            responsibility to determine if people are present prior to
effectively destroying the cotton crop. The destruction of the          initiating treatment.
cotton crop or a substantial portion of the cotton crop will                      ix. Spraying shall not be conducted in fields where
cause irreparable harm to the economy of Northern                       other aircraft are working.
Louisiana and to Louisiana Agricultural producers thereby                          x. All mixing, loading, and unloading will be in
creating an imminent peril to the health and safety of                  an area where an accidental spill can be contained and will
Louisiana citizens.                                                     not contaminate a stream or other body of water.
   This Emergency Rule becomes effective upon the                                 xi. All aerial applications of insecticide shall be at
signature of the commissioner, August 21, 2008, and shall               an altitude not to exceed five feet above the cotton canopy.
remain in effect until 11:59 p.m. on September 15, 2008.                However, in fields that are not near sensitive areas, if infield
                             Title 7                                    obstructions make the five-foot aerial application height not
             AGRICULTURE AND ANIMALS                                    feasible, then the aerial height may be extended to such
                    Part XXIII. Pesticides                              height above the cotton canopy as is necessary to clear the
Chapter 1.        Advisory Commission on Pesticides                     obstruction safely.
    Subchapter I. Regulations Governing Application                              xii. The aircraft tank and dispersal system must be
                          of Pesticides                                 completely drained and cleaned before loading. All hoses
§145. Fixed Wing Aircraft; Standards for Commercial                     shall be in good condition and shall be of a chemical
          Aerial Pesticide Applications                                 resistant type.
   A. - A.5.b.xxxvi. ...                                                        xiii. Insecticide tank(s) shall be leak-proof and
        c. malathion and a pyrethroid insecticide (tank                 spray booms of corrosion resistant materials, such as
mixed) applied with the following conditions to control plant           stainless steel, aluminum, or fiberglass. Sealants will be
bugs in cotton;                                                         tested before use.
           i. The commissioner hereby declares that prior to                    xiv. The tank(s) in each aircraft shall be installed so
making any aerial application of ULV malathion and a                    the tank(s) will empty in flight. Sight gauges or other means
pyrethroid (tank mixed) to cotton, the aerial owner/operator            shall be provided to determine the quantity contained in each
must first register such intent by notifying the Division of            tank before reloading.
Pesticides and Environmental Programs ("DPEP") in                                xv. A drain valve shall be provided at the lowest
writing.                                                                point of the spray system to facilitate the complete draining
          ii. Spray shall be applied, handled, and stored in            of the tanks and system while the aircraft is parked so any
accordance with all conditions specified by State or Federal            unused insecticide can be recovered.
regulations, including the strict observance of any buffer                      xvi. A pump that will provide the required flow rate
zones that may be implied.                                              at not less than 40 pounds per square inch (psi) during
         iii. Aerial applicators shall strictly comply with             spraying operation to assure uniform flow and proper
any and all restrictions or mitigating factors, in regard to            functioning of the nozzles. Gear, centrifugal or other rotary
sensitive areas, including occupied buildings (churches,                types, will be acceptable on aircraft with a working speed
schools, hospitals, and homes), lakes, reservoirs, farm ponds,          above 150 miles per hour.
parks, and recreation areas that may be identified by the

Louisiana Register Vol. 34, No. 09 September 20, 2008            1848
       xvii. ULV spraying systems with a pumping                         of the entire flight from take-off to landing and differentiate
capacity that exceeds the discharge calibration rate shall               between spray-on and spray-off.
have the bypass flow return to the tank bottom in a manner                    xxviii. Aircraft shall have a DGPS with software
that prevents aeration and/or foaming of the spray                       designed for parallel offset in increments equal to the
formulation. Pumps utilizing hydraulic drive or other                    assigned swath width of the application aircraft. Fixed
variable speed drives are not required to have this bypass,              towers, portable stations, satellite, Coast Guard, or other
provided the pump speed is set to provide only the required              acceptable methods may provide differential correction.
pressure and the system three-way valve is used for on/off               However, the differential signal must cover the entire project
control at full throw position. Any bypass normally used to              area. In fringe areas from the generated signal, an approved
circulate materials other than the ULV will be closed for                repeater may be used. The system shall be sufficiently
ULV spraying.                                                            sensitive to provide immediate deviation indications and
      xviii. Spray booms will be equipped with the                       sufficiently accurate to keep the aircraft on the desired flight
quantity and type of spray nozzles specified by the Boll                 path with an error no greater than 3 feet. Systems that do not
Weevil Eradication Program. The outermost nozzles (left                  provide course deviation updates at one-second intervals or
and right sides) shall be equal distance from the aircraft               less will not be accepted.
centerline and the distance between the two must not exceed                     xxix. A course deviation indicator (CDI) or a course
three-fourths of the overall wing span measurement. For                  deviation light bar (also CDI) must be installed on the
helicopters, the outermost nozzles must not exceed three-                aircraft and in a location that will allow the pilot to view the
fourths of the rotor span. For both fixed wing and                       indicator with direct or peripheral vision without looking
helicopters, the program will accept the outermost nozzles               down. The CDI must be capable of pilot selected
between 60 percent and 75 percent of the wingspan/rotor                  adjustments for course deviation indication with the first
span. Longer spray booms are acceptable provided                         indication at 3 feet or less.
modifications are made to prevent the entrapment of air in                       xxx. The DGPS must display to the pilot a warning
the portion beyond the outermost nozzle. Fixed wing aircraft             when differential correction is lost, the current swath
not equipped with a drop type spray boom may require drop                number, and cross-track error. The swath advance may be set
nozzles in the center section that will position the spray tips          manually or automatically. If automatic is selected, the pilot
into smother air to deliver the desired droplet size and                 must be able to override the advance mode to allow
prevent spray from contacting the tail wheel assembly and                respraying of single or multiple swaths.
horizontal stabilizer. Most helicopters will be required to                     xxxi. The DGPS must be equipped with a software
position the center nozzles behind the fuselage and dropped              for flight data logging that has a system memory capable of
into smooth air in order to achieve the desired droplet size.            storing a minimum of three hours of continuous flight log
        xix. Nozzles, diaphragms, gaskets, etc. will be                  data with the logging rate set at one second intervals. The
inspected regularly and replaced when there is evidence of               DGPS shall automatically select and log spray on/off at one-
wear, swelling, or other distortion in order to assure                   second intervals while ferry and turnaround time can be two-
optimum pesticide flow and droplet size. Increasing pressure             second intervals. The full logging record will include
to compensate for restricted flow is unacceptable. A positive            position, time, date, altitude, speed in M.P.H., cross-track
on/off system that will prevent dribble from the nozzles is              error, spray on/off, aircraft number, pilot, job name or
required.                                                                number, and differential correction status. The flight data log
         xx. A positive emergency shut-off valve between                 software shall be compatible with DOS compatible PC
the tank and the pump, as close to the tank as possible. This            computers, dot matrix, laser, or ink jet printers and plotters.
valve shall be controllable from the cockpit and                         The system must compensate for the lag in logging spray
supplemented by check valves and flight crew training                    on/off. The system will display spray on/off at the field
which will minimize inadvertent loss of insecticide due to               boundary without a sawtooth effect. Must be capable to end
broken lines or other spray system malfunction.                          log files, rename, and start a new log in flight.
        xxi. Bleed lines in any point that may trap air on the                 xxxii. The software must generate the map of the
pressure side of the spraying system.                                    entire flight within a reasonable time. Systems that require
       xxii. An operational pressure gauge with a minimum                five minutes or more to generate the map for a three-hour
operating range of 0 to 60 psi and a maximum of 0 to 100                 flight on a PC (minimum a 386 microprocessor with 4 MB
psi visible to the pilot for monitoring boom pressure.                   of memory) will not be accepted. The flight path must
      xxiii. A 50-mesh in-line screen between the pump                   clearly differentiate between spray on and off when viewed
and the boom and nozzle screens as specified by the nozzle               on the monitor or the printed hard copy. The software must
manufacturer.                                                            be capable of replaying the entire flight in slow motion;
      xxiv. Aircraft equipped so nozzle direction can be                 stopping and restarting the replay at any point during the
changed from 45 degrees down and back to straight back                   flight; zooming to any portion of the flight for viewing in
when it is necessary to change droplet size.                             greater detail and printing the entire flight or the zoomed-in
       xxv. All nozzles not in use must be removed and the               portion. It must have a measure feature that will measure
openings plugged.                                                        distance in feet between swaths or any portion of the screen
      xxvi. Nozzle tips for all insecticides shall be made of            and to be able to determine the exact latitude/longitude at
stainless steel.                                                         any point on the monitor.
     xxvii. Aircraft shall have an operational Differentially                 xxxiii. Flight information software provided by the
Corrected Global Positioning System (DGPS) and flight data               applicator must have the capability to interface with
logging software that will log and display the date and time             Maplnfo (version 3.0 or 4.0). The interface process must be

                                                                  1849             Louisiana Register Vol. 34, No. 09 September 20, 2008
"user friendly", as personnel will be responsible to operate                other geographic areas. A temporary suspension of these
the system in order to access the information.                              rules and regulations during the emergency is necessary to
     xxxiv. Application of ULV malathion and a pyrethroid                   provide for an adequate supply of gasoline. Failure to
(tank mixed) shall be at an application rate of 12 oz. per acre             suspend these rules and regulations creates an imminent
with no other dilutions or tank mixes.                                      peril to the public health, safety, and welfare of the citizens
      xxxv. Applications of ULV malathion and a                             of this state.
pyrethroid (tank mixed) shall not be made prior to sunrise on                  This Emergency Rule becomes effective upon the
June 30, 2004 and shall not be made after sunset on                         signature of the commissioner, August 29, 2008 and shall
September 15, 2004.                                                         remain in effect until the state of emergency declared by the
     xxxvi. Applications of ULV malathion and a                             governor on August 27, 2008 terminates or until 11:59 p.m.
pyrethroid (tank mixed) shall be restricted to seven day                    on September 15, 2008, whichever date occurs first.
intervals.                                                                                               Title 7
   AUTHORITY NOTE: Promulgated in accordance with R.S.                                        Agriculture and Animals
3:3203.                                                                                 Part XXXV. Agro-Consumer Services
   HISTORICAL NOTE: Promulgated by the Department of                        Chapter 3. Petroleum Products and Motor Fuels
Agriculture and Forestry, Office of Agricultural and Environmental
                                                                            §303. Standard Fuel Specifications for Gasoline and
Sciences, LR 18:953 (September 1992), amended LR 21:927
(September 1995), amended LR 26:1964 (September 2000), LR 34:                         Gasoline-Oxygenate Blends
                                                                               A. - A.8. …
                             Mike Strain, DVM                                    9. The ASTM D 4814, “Standard Specifications for
                             Commissioner                                   Automotive Spark-Ignition Engine Fuel” seasonal volatility
0808#003                                                                    standards for the sale of greater than 7.8 RVP gasoline in
                                                                            non-attainment areas of the state of Louisiana are hereby
           DECLARATION OF EMERGENCY                                         suspended until termination of the state of emergency
                                                                            declared by the governor on August 27, 2008 terminates or
         Department of Agriculture and Forestry                             until 11:59 p.m. on September 15, 2008, whichever date
    Office of Agriculture and Environmental Sciences                        occurs first.
                                                                                 AUTHORITY NOTE:Promulgated in accordance with
           Petroleum Products (LAC 7:XXXV.303)                              R.S. 3:4671, 4673, 4680, and 4681.
                                                                              HISTORICAL NOTE: Promulgated by the Department of
   In accordance with the emergency provisions of the                       Agriculture and Forestry, Office of Agro-Consumer Services,
Administrative Procedure Act, R.S. 49:953 (B), and under                    Division of Weights and Measures, LR 31:29 (January 2005),
the authority of R.S. 3:4608 and 4680, the Commissioner of                  amended LR 34:
Agriculture and Forestry declares an emergency to exist and
adopts by emergency process the attached regulations for the                                           Mike Strain, DVM
suspension of rules governing the sale of gasoline with                                                Commissioner
greater than 7.8 reid vapor pressure (RVP).                                 0809#079
   On August 27, 2008, Governor Bobby Jindal declared a
state of emergency in Louisiana for purposes of preparing                                DECLARATION OF EMERGENCY
for Hurricane Gustav. The hurricane could potentially make                             Student Financial Assistance Commission
landfall in Louisiana on or about September 2, 2008 and                                  Office of Student Finanical Assistance
create emergency conditions that threaten the lives and
property of the citizens of the state. The state of emergency                 Health Care Educator Loan Forgiveness Program (LAC
extends from August 27, 2008 through September 26, 2008,                                       28:IV:Chapter 16)
unless terminated sooner.
   The Department of Agriculture and Forestry has adopted                      The Louisiana Student Financial Assistance Commission
rules and regulations adopting the ASTM International                       (LASFAC) is exercising the emergency provisions of the
standards for gasoline reid vapor pressure (RVP). Certain                   Administrative Procedure Act [R.S. 49:953(B)] to amend
geographic areas of the state are in a non-attainment area as               and re-promulgate the rules of the Scholarship/Grant
set out in Federal Register 56, 215, 56694, November 6,                     programs [R.S. 17:3021-3025, R.S. 3041.10-3041.15, and
1991. These areas are required to have a 7.8 RVP gasoline                   R.S. 17:3042.1.1-3042.8, R.S. 17:3048.1, R.S. 56:797.D(2)].
from June 1 to September 15 of each year while the                             The Emergency Rule implements Chapter 16 of LOSFA’s
remainder of the areas in the state may sell gasoline with up               Scholarships/Grants rules to provide for the administration
to 9.0 RVP. During the state of emergency it will be                        of the Health Care Educator Loan Forgiveness Program in
necessary to supplement the supply of gasoline in the                       accordance with a Memorandum of Understanding between
geographic areas required to have 7.8 RVP gasoline to                       the Louisiana Student Financial Assistance Commission and
ensure an adequate supply for the evacuation of persons                     the Louisiana Board of Regents.
from the path of the hurricane and for operation of                            This Declaration of Emergency is effective August 22,
emergency personnel. There is not a sufficient supply of 7.8                2008, and shall remain in effect for the maximum period
RVP gasoline in the state to ensure an adequate supply of                   allowed under the Administrative Procedure Act. (SG0998E)
gasoline for these purposes. Gasoline with a greater than 7.8
RVP will have to be transported into the affected areas from


Louisiana Register Vol. 34, No. 09 September 20, 2008                1850
                           Title 28                                            Enrolled Full-Time—the student is enrolled for at least 9
                        EDUCATION                                         semester hours in the fall or spring (or equivalent for term),
      Part IV. Student Financial Assistance―Higher                        6 semester hours in the summer or equivalent as determined
                          Education                                       by the program in which he is enrolled
             Scholarship and Grant Programs                                    Enrolled 2/3 Time—the student is enrolled for at least 6
Chapter 16. Health Care Educator Loan Forgiveness                         semester hours in the fall or spring (or equivalent for term)
                 Program                                                       Participating Institution―a postsecondary institution in
§1601. General Provisions                                                 Louisiana selected by the Board of Regents to participate in
   A. The Health Care Educator Loan Forgiveness Program                   the Health Care Educator Loan Forgiveness Program.
is administered by the Louisiana Office of Student Financial                   Recipient―a masters or doctoral degree student who
Assistance (LOSFA) in accordance with a Memorandum of                     has been nominated by a participating institution to
Understanding by and between the Louisiana Board of                       participate in the Health Care Educator Loan Forgiveness
Regents and the Louisiana Student Financial Assistance                    Program and who has completed a master promissory note to
Commission (LASFAC).                                                      receive program funds.
   B. Description, History and Purpose. The Health Care                     AUTHORITY NOTE: Promulgated in accordance with R.S.
Educator Loan Forgiveness Program (Program) is                            17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.
established to provide funding to individuals to pursue an                  HISTORICAL NOTE: Promulgated by the Student Financial
                                                                          Assistance Commission, Office of Student Financial Assistance,
advanced degree, either masters or doctoral degree, in
                                                                          LR 34:
nursing or allied health. The purpose of the program is to
                                                                          §1605. Participation in the Program
provide an incentive for individuals who receive an
                                                                             A. To participate in the Health Care Educator Loan
advanced degree in nursing or allied health education to
                                                                          Forgiveness Program, a student must be nominated to
become postsecondary education faculty members in the
                                                                          participate in the Program by a participating institution.
field of registered nursing or top demand allied health
                                                                             B. Once nominated, a student must complete and return
education.
                                                                          a master promissory note to the Louisiana Office of Student
   C. Effective Date. Health care educator loans shall be
                                                                          Financial Assistance. By signing the master promissory note,
disbursed by LASFAC beginning with the 2008-2009
                                                                          the student agrees that:
academic year.
                                                                               1. for students seeking a masters degree:
   D. Eligible Semesters/Terms. Health care educator loans
                                                                                  a. he will enroll full-time in the degree program
will be disbursed to recipients seeking a masters degree in
                                                                          during the fall, winter, if applicable, and spring
August and January. Health care educator loans will be
                                                                          semesters/terms;
disbursed to recipients pursuing a doctoral degree in August,
                                                                                  b. he will remain enrolled full-time unless granted
January, and June, if applicable.
                                                                          an exception to this requirement by the Board of Regents;
   E. Award Amount. A Health Care Educator Loan
                                                                                  c. upon completion of his degree program, he will
Forgiveness Program recipient may receive up to $20,000
                                                                          become a full-time Nurse or Allied Health faculty member at
per academic year. Recipients pursuing a masters degree
                                                                          the institution which nominated him for the Health Care
may receive a lifetime maximum loan of $40,000 and may
                                                                          Educator Loan;
receive two disbursements of $10,000, one in August and
                                                                                  d. he will remain a full-time Nurse or Allied Health
one in January. Recipients pursuing a doctoral degree may
                                                                          education faculty member until he teaches one year for each
receive a lifetime maximum loan of $60,000 and may
                                                                          $10,000 he received;
receive up to three disbursements per academic year,
                                                                               2. for students seeking a doctoral degree:
depending upon whether he is enrolled full-time or at least
                                                                                  a. he will enroll full-time, or at least two-thirds
2/3 time. A recipient pursuing a doctoral degree may receive
                                                                          time, in the degree program during the fall, winter, if
$10,000 if he is enrolled full-time and $5,000 if he is
                                                                          applicable, and spring semesters/terms;
enrolled at least 2/3 time, one disbursement in August and
                                                                                  b. he will remain enrolled full-time, or at least two-
one disbursement in January. A recipient who has not
                                                                          thirds time, unless granted an exception to this requirement
received $20,000 during the academic year and who enrolls
                                                                          by the Board of Regents;
during the summer term will receive $5,000 in June.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                                  c. upon completion of his degree program, he will
17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.          become a full-time nurse or allied health faculty member at
  HISTORICAL NOTE: Promulgated by the Student Financial                   the institution which nominated him for the Health Care
Assistance Commission, Office of Student Financial Assistance,            Educator Loan;
LR 34:                                                                            d. he will remain a full-time nurse or allied health
§1603. Definitions                                                        education faculty member until he teaches one full year for
   A. Words and terms not otherwise defined in this                       each $10,000 he received.
Chapter shall have the meanings ascribed to such words and                   C. A recipient will be eligible to continue to receive
terms in this Section. Where the masculine is used in these               Health Care Educator Loan Forgiveness Program loans until
rules, it includes the feminine, and vice versa; where the                he obtains his masters or doctoral degree, provided that he
singular is used, it includes the plural, and vice versa.                 continues to maintain full time enrollment, or at least two-
     Academic Year―the academic year begins with the fall                 thirds time enrollment for doctoral degree students, unless an
semester or term of the award year, includes the winter term,             exception to this requirement is granted for cause in
if applicable, the spring semester or term, and concludes                 accordance with §1607.
with the completion of the summer term, if applicable.                      AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                          17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.
                                                                   1851             Louisiana Register Vol. 34, No. 09 September 20, 2008
  HISTORICAL NOTE: Promulgated by the Student Financial                         1. The recipient secures full-time employment as a
Assistance Commission, Office of Student Financial Assistance,            Nurse or Allied Health program faculty member at the
LR 34:                                                                    institution which nominated him for the loan program or at
§1607. Exceptions to Program Requirements                                 another participating institution with the assistance and
  A. Exception to the full time enrollment requirement, or                approval of the institution which nominated him for the loan
two-thirds time enrollment for those seeking a doctoral                   program; and
degree.                                                                         2. The recipient begins teaching full-time as a Nurse
     1. The Board of Regents may grant an exception to                    or Allied Health program faculty member no later than the
the full-time enrollment requirement or two thirds time for               semester following the semester the student obtains his
doctoral students, if all of the following conditions are met:            masters or doctoral degree; or
       a. The recipient has a temporary mental or physical                      3. If the student is unable to secure employment as a
disability, or other circumstance for which the board may                 fulltime faculty member at the institution which nominated
deem an exception is appropriate;                                         him for the loan program or at another participating
       b. The recipient requests an exception and provides                institution with the assistance and approval of the institution
such documentation as the board requires in order to                      which nominated him for the loan program, the recipient
evaluate whether an exception should be granted;                          may fulfill the teaching obligation by working in a public
       c. The recipient requests and obtains approval for                 health facility, state office, or other alternative service as the
the exception prior to withdrawing from enrollment or                     Board may deem appropriate. The student must seek and
decreasing the number of hours in which he is enrolled.                   obtain Board approval prior to undertaking such an
     2. The Board of Regents may grant an exception to                    alternative service position.
the requirement to become a full-time nurse or allied health                    4. Each year of full time teaching or other alternative
education faculty member if the following conditions are                  service as approved by the Board will discharge $10,000 of
met.                                                                      the obligation.
       a. The recipient has a temporary mental or physical                   D. Monetary Repayment. A recipient may be terminated
disability or other circumstance for which the board may                  from participation in the program either with or without
deem an exception is appropriate.                                         default.
       b. The recipient requests an exception and provides                      1. Termination without default.
such documentation as the board requires to evaluate                              a. Termination without default occurs when:
whether an exception should be granted.                                              i. the recipient’s enrollment in the degree
       c. The recipient requests and obtains approval for                 program for which he received Program funds is
the exception prior to terminating his employment or                      discontinued;
otherwise fails to meet the requirement to teach full-time as                       ii. the recipient fails to remain enrolled on a full-
a registered nursing or allied health education faculty                   time basis, or 2/3 time for doctoral students; or
member.                                                                            iii. the recipient fails to maintain good academic
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     standing.
17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.
                                                                                  b. In the event of termination without default, the
  HISTORICAL NOTE: Promulgated by the Student Financial
Assistance Commission, Office of Student Financial Assistance,            recipient must repay the total of program funds received plus
LR 34:                                                                    interest to LOSFA within 90 days of the date an event listed
§1609. Discharge of Obligation                                            in §1609.C.1.a.(i)-(iii) occurs.
   A. The obligations of the recipient may be discharged by                       c. Interest will accrue at the prime interest rate at
cancellation, teaching for the required period of obligation,             the time the condition in §1609.C.1.a.(i)-(iii) occurs plus 3
or by monetary repayment.                                                 percent. Interest will accrue from the date of each
   B. Cancellation. The Board of Regents may discharge                    disbursement.
the requirement to maintain full-time enrollment, or two-                       2. Termination with Default
thirds time for doctoral degree students, the requirement to                      a. Termination with default occurs:
complete the degree program in which the Recipient is                                i. if, upon completion of the degree, the recipient
enrolled, or the requirement to teach full-time as a                      fails to obtain a full-time faculty position in a nurse or allied
Registered Nurse or Allied Health education faculty member                health education program or fails to obtain approval for an
under the following circumstances:                                        alternative service position without just cause; or
     1. The recipient has a permanent mental or physical                            ii the recipient is terminated from his
disability, or other circumstance for which the Board may                 employment for cause or voluntarily leaves his employment
deem discharge is appropriate; and                                        prior to fulfillment of the teaching obligation;
     2. The recipient provides such documentation as the                          b. in the event of termination with default, the
Board requires in order to evaluate whether a discharge                   principal due at the time of default will be calculated in
should be granted; or                                                     accordance with the following formula:
     3. The participating institution at which the recipient                          (i). [(a/b) x (b-c)]3 = d;
is employed requests that the Board discharge the teaching                            (ii). for purposes of the formula above, “a” is
requirement and provides such documentation that the Board                equal to the total of the loans disbursed; “b” is equal to the
requires to make a determination that the obligation should               months of service obligation required; “c” is equal to the
be discharged.                                                            number of months of the teaching obligation that were
   C. Fulfillment of teaching requirement. The obligation                 fulfilled; and “d” is equal to the total principal balance at the
may be discharged under the following conditions:                         time repayment begins;

Louisiana Register Vol. 34, No. 09 September 20, 2008              1852
       c. interest will accrue on the principal due at the                  HISTORICAL NOTE: Promulgated by the Student Financial
prime rate at the time of default plus 3 percent;                         Assistance Commission, Office of Student Financial Assistance,
       d. interest will begin to accrue sixty days following              LR 34:
the board’s determination that the recipient is in default and            §1615. Responsibilities of the Board of Regents
shall accrue for the duration of the repayment period;                       A. The Board of Regents shall notify each institution that
       e. the recipient must make payment in full of the                  is eligible to participate in the program of its eligibility, the
total amount due or begin making monthly payments no later                number of students it may nominate for the academic year,
than 60 days after the date of default and shall pay at least             and the number of those students nominated which may be
twenty five percent of the total amount, including interest,              enrolled as a masters or doctoral degree students.
due each calendar year.                                                      B. The board shall collect information from the
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     participating institutions as set forth in §1613.A-D. The
17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.          board shall notify all participating institutions if additional
  HISTORICAL NOTE: Promulgated by the Student Financial                   information is required.
Assistance Commission, Office of Student Financial Assistance,               C. The board shall provide the information collected
LR 34:                                                                    from participating institutions regarding nominees to LOSFA
§1611. Responsibilities of Program Fund Recipients                        within 30 days of receipt in a format to be agreed upon
   A. Each recipient of program funds shall:                              between the board and LOSFA.
     1. provide LOSFA with a completed master                                D. In the event a recipient is terminated from
promissory note and W-9 form;                                             participation in the program, the board will determine
     2. provide the board with documentation that he was                  whether it is with or without default, determine the date the
enrolled, in good academic standing, full- time, or 2/3 time              termination if without default or the date of default if with
for doctoral students, not later than August 15, January 15,              default and immediately notify LOSFA.
or June 15, if applicable, of each academic year during                      E. The board will receive requests for exception to
which he is to receive program funds;                                     program requirements and requests for discharge from
     3. provide the board with documentation that he has                  participating institutions and recipients. It will evaluate the
undertaken to discharge his obligation:                                   requests and notify the participating institution and/or
       a. by teaching full-time as a Nurse or Allied Health               recipient if additional information is needed to process the
program faculty member; or                                                request and what that information is. It will notify the
       b. by working in a public health facility, state office,           participating institution, the recipient, and LOSFA of any
or other alternative service as the board previously approved             determination regarding a request for exception to program
in accordance with §1615.F;                                               requirements or for discharge.
     4. provide any other information to the board or                        F. The board will evaluate a request by a recipient to
LOSFA as deemed necessary to process a request for an                     undertake to discharge his obligation by a form of service
exception to the program requirements or a request for                    other than as a full-time registered nurse or allied health
discharge of the obligations of the recipient in connection               education faculty member and approve or deny such request
with the receipt of program funds.                                        in writing.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                       AUTHORITY NOTE: Promulgated in accordance with R.S.
17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.          17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.
  HISTORICAL NOTE: Promulgated by the Student Financial                     HISTORICAL NOTE: Promulgated by the Student Financial
Assistance Commission, Office of Student Financial Assistance,            Assistance Commission, Office of Student Financial Assistance,
LR 34:                                                                    LR 34:
§1613. Responsibilities of Participating Institutions                     §1617. Responsibilities of LOSFA
  A. Each participating institution shall:                                   A. LOSFA shall:
     1. nominate individuals to participate in the Health                      1. obtain program nominee information from the
Educator Loan Forgiveness Program in accordance with                      board and provide the nominee with a master promissory
specifications to be provided to it by the Board of Regents.              note, written instructions, and a W-9 form;
     2. provide the board with the following information                       2. LOSFA will pay program funds directly to the
on each nominee:                                                          student when all of the following have been satisfied:
        a. name;                                                                 a. it has received a completed, signed master
        b. current address;                                               promissory note;
     c. Social Security number;                                                  b. it has received a completed W-9; and
     d. program of study; and                                                    c. It has received confirmation from the Board that
     e. anticipated graduation date.                                      a recipient was enrolled full-time, or at least 2/3 time for
     f. other information as requested by the board.                      doctoral degree students in accordance with §1611.B.
  C. At the request of the board, provide documentation                        3. LOSFA will maintain a secure database of all
that recipients enrolled full-time, or at least two-thirds time           information collected on recipients and former recipients,
for doctoral students, if the recipient is enrolled at that               including name, address, social security number, program of
institution, and that the student is in good academic standing.           study, name of the institution which nominated the student
  D. At the request of the board, provide documentation                   for the loan program, name of the institution at which a
that a recipient is or was employed as a full-time registered             recipient was enrolled when receiving program funds,
nurse or allied health education faculty member.                          anticipated graduation date, amount disbursed, and
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     maximum amount available.
17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.

                                                                   1853             Louisiana Register Vol. 34, No. 09 September 20, 2008
     4. Upon notification by the board that a recipient has               These Acts (1) allow eligible nonpublic high school and
been terminated from the program without default, LOSFA                   home school students to participate in the Early Start
will:                                                                     program; (2) extend the alternative eligibility requirements
       a. calculate the total amount due;                                 for students displaced by Hurricanes Katrina and Rita to
       b. notify recipient of the date of the event listed in             students graduating from high school or completing the 12 th
§1609.C.1.a.(i)-(iii) and that he has 90 days from that date to           grade level of a BESE approved home study course during
pay the full amount due;                                                  the 2006-2007, 2007-2008 and 2008-2009 high school
       c. if payment is not received within 90 days of the                academic years; (3) rename the TOPS program as the Taylor
date of termination as determined by the Board of Regents,                Opportunity Program for Students; and (4) authorize the use
LOSFA will institute collection activities and forward the                of the TOPS Tech award at certain cosmetology and
file to the collection division of the Louisiana Attorney                 proprietary schools beginning the 2009-2010 academic year.
General's office.                                                            The emergency rulemaking also amends Chapter 14 to
     5. Upon notification by the board that a recipient has               LASFAC’s Scholarship/Grants rules to rename the Dual
been terminated from the program with default, LOSFA will:                Enrollment Program as the Early Start Program; amend the
       a. calculate the total amount due;                                 initial eligibility requirements; provide definitions for Career
       b. notify recipient of the date of default and that he             Area of Concentration, Census Day, and LAICU; and add
has 60 days from the date of default to pay the full amount               LAICU members to the postsecondary institutions
due or begin making monthly payments in amount sufficient                 authorized to participate in the program.
to pay at least 25 percent of the total amount due, including                The Emergency Rule is necessary to implement changes
interest, each calendar year.                                             to the Scholarship/Grant programs to allow the Louisiana
       c. if payment of the total amount due or repayment                 Office of Student Financial Assistance and state educational
does not begin within 60 days of the date of default, LOSFA               institutions to effectively administer these programs. A delay
will institute collection activities, including forwarding the            in promulgating rules would have an adverse impact on the
file to the collection division of the Louisiana Attorney                 financial welfare of the eligible students and the financial
General’s office.                                                         condition of their families. LASFAC has determined that
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     these emergency rules are necessary in order to prevent
17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.          imminent financial peril to the welfare of the affected
  HISTORICAL NOTE: Promulgated by the Student Financial                   students.
Assistance Commission, Office of Student Financial Assistance,               This Declaration of Emergency is effective August 22,
LR 34:
                                                                          2008, and shall remain in effect for the maximum period
§1619. Responsibilities of LASFAC
                                                                          allowed under the Administrative Procedure Act.
  A. LASFAC shall promulgate administrative rules in
                                                                          (SG0997E).
accordance with the Louisiana Administrative Procedure
                                                                                                       Title 28
Act, in consultation with the Louisiana Board of Regents
                                                                                                    EDUCATION
and in accordance with a memorandum of understanding
                                                                                Part IV. Student Financial Assistance―Higher
entered into by and between LASFAC and the Louisiana
                                                                                  Education Scholarship and Grant Programs
Board of Regents.
                                                                          Chapter 1. Scope
  AUTHORITY NOTE: Promulgated in accordance with R.S.
17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.          §103. Purpose
  HISTORICAL NOTE: Promulgated by the Student Financial                      A. - C. …
Assistance Commission, Office of Student Financial Assistance,               D. LAC 28:IV shall be amended and updated as
LR 34:                                                                    necessary. Such updates will be forwarded to institutions in
                                                                          the form of Scholarship and Grant Program Memoranda
                            George Badge Eldredge                         (SGPM), or Taylor Opportunity Program for Students
                            General Counsel                               (TOPS) Bulletins. These memoranda and bulletins will cover
0809#007                                                                  additions, deletions, revisions and clarifications to the rules
                                                                          and regulations. In compliance with Act 1302 of the 1999
             DECLARATION OF EMERGENCY                                     Regular Session of the Legislature, information shall be
           Student Financial Assistance Commission                        mailed to the president and superintendent of each city and
             Office of Student Finanical Assistance                       parish school board in the state, the principal and counselors
                                                                          of each high school in the state, the chancellor, director of
               Scholarship/Grant Programs                                 financial aid, business office, auditor and registrar of each
(LAC 28:IV.103, 301, 504, 701, 703, 803, 1001, 1401, 1403,                public post-secondary school in the state and each regionally
   1405, 1407, 1409, 1413, 1415, 1417, 1705, and 1901)                    accredited independent college or university which is a
                                                                          member of the Louisiana Association of Independent
  The Louisiana Student Financial Assistance Commission                   Colleges and Universities.
(LASFAC) is exercising the emergency provisions of the                       AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                          17:3021-3036.
Administrative Procedure Act [R.S. 49:953(B)] to amend                       HISTORICAL NOTE: Promulgated by the Student Financial
and re-promulgate the rules of the Scholarship/Grant                      Assistance Commission, Office of Student Financial Assistance,
programs [R.S. 17:3021-3025, R.S. 3041.10-3041.15, and                    LR 22:338 (May 1996), repromulgated LR 24:632 (April 1998),
R.S. 17:3042.1.1-3042.8, R.S. 17:3048.1, R.S. 56:797.D(2)].               amended LR 24:1897 (October 1998), LR 26:65 (January 2000),
  The Emergency Rule implements Acts 460, 652, and 754                    repromulgated LR 27:1841 (November 2001), LR 34:
of the 2008 Regular Session of the Louisiana Legislature.
Louisiana Register Vol. 34, No. 09 September 20, 2008              1854
Chapter 3.       Definitions                                            Chapter 7.      Taylor Opportunity Program for Students
§301. Definitions                                                                       (TOPS) Opportunity, Performance, and
   A. Words and terms not otherwise defined in these rules                              Honors Awards
shall have the meanings ascribed to such words and terms in             §701. General Provisions
this Section. Where the masculine is used in these rules, it              A. Legislative Authority. Awards under the Louisiana
includes the feminine, and vice versa; where the singular is            Taylor Opportunity Program for Students (TOPS), the
used, it includes the plural, and vice versa.                           Opportunity, Performance and Honors Awards, are
                              ***                                       established as set forth in R.S. 17:3048.1 et seq., as
     Eligible Colleges or Universities―Louisiana public                 amended.
colleges or universities and regionally accredited                        B. Description, History and Purpose. The Taylor
independent colleges or universities in the state that are              Opportunity Program for Students (TOPS) is a
members of the Louisiana Association of Independent                     comprehensive, merit-based student aid program consisting
Colleges and Universities; and, for recipients of the TOPS              of a series of components, with each component having its
Tech Award only, beginning with the 2009-2010 Academic                  own eligibility criteria and titled award. The purpose of
Year (College), any school that has a valid and current                 TOPS is to provide an incentive for Louisiana residents to
certificate of registration issued by the State Board of                academically prepare for and pursue post-secondary
Cosmetology in accordance with law and that is accredited               education in this state, resulting in an educated work force
by an accrediting organization recognized by the United                 enabling Louisiana to prosper in the global market of the
States Department of Education and any proprietary school               future. The major components of TOPS are the Opportunity
that has a valid and current license issued by the Board of             Award, the Performance Award and the Honors Award.
Regents in accordance with law and that is accredited by an               C. - G.2. …
accrediting organization recognized by the United States                   AUTHORITY NOTE: Promulgated in accordance with R.S.
Department of Education.                                                17:3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1.
                              ***                                          HISTORICAL NOTE: Promulgated by the Student Financial
   AUTHORITY NOTE: Promulgated in accordance with R.S.                  Assistance Commission, Office of Student Financial Assistance,
17:3021-3025, R.S. 17:3042.1 and R.S. 17:3048.1.                        LR 22:338 (May 1996), amended LR 23:1645-1648 (December
   HISTORICAL NOTE: Promulgated by the Student Financial                1997), repromulgated LR 24:635 (April 1998), amended LR
Assistance Commission, Office of Student Financial Assistance,          24:1901 (October 1998), LR 25: 256 (February 1999), LR 26:67
LR 22:338 (May 1996), repromulgated LR 24:632 (April 1998),             (January 2000), LR 26:1262 (June 2000), LR 26:1995 (September
amended LR 24:1898 (October 1998), LR 24:2237 (December                 2000), LR 26:2000 (September 2000), repromulgated LR 27:1848
1998), LR 25:256 (February 1999), LR 25:654 (April 1999), LR            (November 2001), amended LR 28:447 (March 2002), LR 28:2331
25:1458 and 1460 (August 1999), LR 25:1794 (October 1999), LR           (November 2002), LR 29:880 (June 2003), LR 29:2372 (November
26:65 (January 2000), LR 26:688 (April 2000), LR 26:1262 (June          2003), LR 30:1161 (June 2004), LR 31:2213 (September 2005), LR
2000), LR 26:1601 (August 2000), LR 26:1993, 1999 (September            34:
2000), LR 26:2268 (October 2000), LR 26:2752 (December 2000),           §703. Establishing Eligibility
LR 27:36 (January 2001), LR 27:284 (March 2001), LR 27:1219                A. - A.5.a.i(d). ...
(August 2001), LR 27:1840 (November 2001), LR 27:1875                               (e). beginning with the graduates of academic
(November 2001), LR 28:45 (January 2002), LR 28:446 (March              year (high school) 2007-2008, at the time of high school
2002), LR 28:772 (April 2002), LR 28:2330, 2331 (November
                                                                        graduation, an applicant must have successfully completed
2002), LR 29:555 (April 2003), LR 29:879 (June 2003), LR
30:1159 (June 2004), LR 30:2015 (September 2004), LR 31:36              17.5 units of high school course work that constitutes a core
(January 2005), LR 31:3112 (December 2005), LR 33:86 (January           curriculum and is documented on the student's official
2007), LR 33:439 (March 2007), LR 33:1339 (July 2007), LR               transcript as approved by the Louisiana Department of
33:2612 (December 2007), LR 34:234 (February 2008), LR 34:              Education as follows.
Chapter 5. Applications, Federal Grant Aid and ACT                        Units                              Course
                Test                                                       1      English I
                                                                           1      English II
§504. Out-of-State and Out-of-Country High School
                                                                           1      English III
         Graduates and Eligible Non-Graduates                              1      English IV
  A. - A.1. …                                                              1      Algebra I (1 unit) or Applied Algebra 1A and 1B (2 units)
     2. enter a Louisiana postsecondary institution and/or                 1      Algebra II
1595 (code for the Louisiana Taylor Opportunity Program-                   1      Geometry, Calculus or comparable Advanced Mathematics
Students, Baton Rouge, LA.) in the "score report choices"                  1      Biology
                                                                           1      Chemistry
section of the ACT and/or 9019 (code for Taylor Opportunity
                                                                           1      Earth Science, Environmental Science, Physical Science,
Program for Students) in the "send scores" section of the                         Biology II, Chemistry II, Physics, Physics II, or Physics for
SAT registration form.                                                            Technology or Agriscience I and II (both for 1 unit;
  AUTHORITY NOTE: Promulgated in accordance with R.S.                             provided however, that such Agriscience unit shall not be
17:3021-3025, R.S. 17:3042.1 and R.S. 17:3048.1.                                  considered a science elective for the purpose of the math or
  HISTORICAL NOTE: Promulgated by the Student Financial                           science elective requirement below)
Assistance Commission, Office of Student Financial Assistance,
LR 30:2017 (September 2004), amended LR 31:36 (January 2005),
LR 34:




                                                                 1855             Louisiana Register Vol. 34, No. 09 September 20, 2008
  Units                                 Course                                       Core Curriculum Course            Equivalent (Substitute) Course
   1        An elective from among the following math subjects:                      Algebra I, Algebra II and
            Geometry, Calculus, Pre-Calculus, Algebra III, Probability                                            Integrated Mathematics I, II and III
                                                                                     Geometry
            and Statistics, Discrete Mathematics, Applied Mathematics                Algebra II                  Integrated Mathematics II
            III, Advanced Mathematics I [beginning with the 2008-2009                Geometry                    Integrated Mathematics III
            academic year (high school) this course is renamed                       Geometry, Trigonometry,     Pre-Calculus, Algebra III, Probability and
            Advanced Math – Pre-Calculus] , Advanced Mathematics II                  Calculus, or Comparable     Statistics, Discrete Mathematics, Applied
            [beginning with the 2008-2009 academic year (high school)                Advanced Mathematics        Mathematics III*, Advanced Mathematics
            this course is renamed Advanced Math – Functions and                                                 I, Advanced Mathematics II
            Statistics], Integrated Mathematics III or the following                 Chemistry                   Chemistry Com
            science subjects: Biology II, Chemistry II, Physics or
                                                                                     Fine Arts Survey            Speech Debate (2 units)
            Physics II
                                                                                     Western Civilization        European History
    1       American History
                                                                                     Civics                      AP American Government
    1       World History, Western Civilization or World Geography
                                                                                     *Applied Mathematics III was formerly referred to as Applied Geometry
    1       Civics and Free Enterprise (1 unit combined) or
            Civics (1 unit, nonpublic)
    1       Fine Arts Survey; (or substitute 2 units performance courses                     (b). For students graduating in academic year (high
            in music, dance, or theater; or 2 units of studio art or visual          school) 2006-2007 and after, for purposes of satisfying the
            art; or 1 elective from among the other subjects listed in this
            core curriculum)                                                         requirements of §703.A.5.a.i above, or §803.A.6.a, the
    2       Foreign Language, both units in the same language                        following courses shall be considered equivalent to the
    ½       Computer Science, Computer Literacy or Business                          identified core courses and may be substituted to satisfy
            Computer Applications (or substitute at least one-half unit              corresponding core courses.
            of an elective course related to computers that is approved
            by the State Board of Elementary and Secondary Education
            (BESE) or substitute at least one-half unit of an elective                 Core Curriculum Course            Equivalent (Substitute) Course
            from among the other subjects listed in this core                         Physical Science                Integrated Science
            curriculum). BESE has approved the following courses as                                                   Algebra I, Parts 1 and 2, Integrated
                                                                                      Algebra I
            computer related for purposes of satisfying the 1/2 unit                                                  Mathematics I
            computer science requirement for all schools (courses                     Applied Algebra IA and IB       Applied Mathematics I and II
            approved by BESE for individual schools are not included):                Algebra I, Algebra II and
                                                                                                                      Integrated Mathematics I, II and III
            Advanced Technical Drafting (1/2 or 1 credit)                             Geometry
            Business Computer Applications (1/2 or 1 credit)                          Algebra II                 Integrated Mathematics II
            Computer Applications or Computer/Technology                              Geometry                   Integrated Mathematics III
            Applications (1/2 or 1 credit)                                            Geometry, Trigonometry,    Pre-Calculus, Algebra III, Probability
            Computer Architecture (1/2 or 1 credit)                                   Calculus, or Comparable    and Statistics, Discrete Mathematics,
            Computer Electronics I (1/2 or 1 credit)                                  Advanced Mathematics       Applied Mathematics III*, Advanced
            Computer Electronics II (1/2 or 1 credit)                                                            Mathematics I[beginning with the
            Computer/Technology Literacy (1/2 or 1 credit)                                                       2008-2009 academic year (high
            Computer Science I (1/2 or 1 credit)                                                                 school) this course is renamed
            Computer Science II (1/2 or 1 credit)                                                                Advanced Math – Pre-Calculus],
            Computer Systems and Networking I (1/2 or 1 credit)                                                  Advanced Mathematics II [beginning
            Computer Systems and Networking II (1/2 or 1 credit)                                                 with the 2008-2009 academic year
            Database Design and Programming (1/2 or 1 credit)                                                    (high school) this course is renamed
            Database Programming with PL/SQL (1/2 credit)                                                        Advanced Math –Functions and
            Desktop Publishing (1/2 or 1 credit)                                                                 Statistics]
            Digital Graphics & Animation (1/2 credit)                                 Chemistry                  Chemistry Com
            Digital Media I (1/2 or 1 credit)
                                                                                      Fine Arts Survey           Speech III and Speech IV (both units)
            Digital Media II (1/2 or 1 credit)
                                                                                      Western Civilization       European History
            Introduction to Business Computer Applications
            (1/2 or 1 credit)                                                         Civics                     AP American Government
            Java Programming (1/2 or 1 credit)                                        *Applied Mathematics III was formerly referred to as Applied
            Multimedia Productions or Multimedia Presentations (1/2 or                Geometry
            1 credit)
            Technology Education Computer Applications                                  A.5.a.iii - I.8. …
            (1/2 or 1 credit)
            Telecommunications (1/2 credit)                                             J. Natural Disaster Initial Eligibility Requirements
            Web Mastering or Web Design (1/2 credit)                                      1. To establish eligibility for a TOPS Opportunity,
            Word Processing (1/2 or 1 credit)                                        Performance or Honors Award, a displaced student
            Independent Study in Technology Applications                             graduating from high school or completing a BESE
            (1/2 or 1 credit)
                                                                                     approved home study program at the 12th grade level during
  ii.(a). For students graduating in academic year (high                             the 2005-2006, 2006-2007, 2007-2008, and 2008-2009
school) 2007-2008 and prior, for purposes of satisfying the                          academic years (high school) must meet all of the
requirements of §703.A.5.a.i above, or §803.A.6.a, the                               requirements of §703.A - I.8 above, except as follows:
following courses shall be considered equivalent to the                                     a. A displaced student who has been certified by the
identified core courses and may be substituted to satisfy                            principal or headmaster to have graduated during the 2005-
corresponding core courses.                                                          2006, 2006-2007, 2007-2008, and 2008-2009 school years
                                                                                     from an out-of-state high school that meets the criteria of an
Core Curriculum Course             Equivalent (Substitute) Course                    eligible out-of-state high school as provided in §1701.A.4
Physical Science               General Science, Integrated Science                   and 5 shall not be required to have for the respective awards
                               Algebra I, Parts 1 and 2, Integrated
Algebra I                                                                            a higher minimum composite score on the ACT or on the
                               Mathematics I
Applied Algebra IA and IB      Applied Mathematics I and II                          Scholastic Aptitude Test than required for a student who
                                                                                     graduates from an eligible Louisiana high school provided

Louisiana Register Vol. 34, No. 09 September 20, 2008                         1856
such student has, for an opportunity award, a cumulative                                Core Curriculum―TOPS-Tech Award
high school grade point average on all courses on the high                   Units                               Course
school transcript of at least 2.50 calculated on a 4.00 scale                 1       English I
                                                                              1       English II
or, for a performance or honors award, a cumulative high
                                                                              1       English III
school grade point average on all courses on the high school                  1       English IV or substitute 1 unit of Business English
transcript of at least 3.50 calculated on a 4.00 scale.                       1       Algebra I; or both Algebra I, Part 1 and Algebra I, Part 2;
        b. The requirement that a student who graduates                                or both Applied Mathematics I and Applied
from an eligible Louisiana high school during the 2005-                                Mathematics II
2006, 2006-2007, 2007-2008, and 2008-2009 school years                        2       Geometry, Applied Mathematics III, Algebra II, Financial
                                                                                       Mathematics, Advanced Mathematics I [beginning with
must have successfully completed the applicable core                                   the 2008-2009 academic year (high school) this course is
curriculum shall be waived for a displaced student based                               renamed Advanced Math – Pre-Calculus], Advanced
upon a sworn affidavit by the student's high school principal                          Mathematics II [beginning with the 2008-2009 academic
or headmaster or authorized designee that failure to comply                            year (high school) this course is renamed Advanced
                                                                                       Math – Functions and Statistics], Discrete Mathematics,
with such requirement is due solely to the fact that the                               or Probability and Statistics (2 units). Integrated
required course or courses were not available to the student                           Mathematics I, II, and III may be substituted for Algebra
at the school attended.                                                                I, Geometry and Algebra II, and shall be considered the
        c. A displaced student shall be deemed to meet the                             equivalent of the 3 required math units
                                                                              1       Biology
Louisiana residency requirement if:                                           1       Chemistry or Applied Chemistry
            i. such dependent or independent student actually                 1       Earth Science, Environmental Science, Physical Science,
resided in Louisiana during the entire 2004-2005 academic                              Integrated Science, Biology II, Chemistry II, Physics,
year (high school) and was enrolled for such time in an                                Physics II, or Physics for Technology or Agriscience I
eligible Louisiana high school and graduated from high                                 and II (both for 1 unit)
                                                                              1       American History
school during the 2005-2006, 2006-2007, 2007-2008, or                         1       World History, Western Civilization, or World Geography
2008-2009 academic year (high school); or                                     1       Civics and Free Enterprise (1 unit combined) or
   J.1.c.ii. - J.1.d.ii. …                                                             Civics (1 unit, nonpublic)
        e. A displaced student who during the 2005-2006,                           Remaining Core Courses Shall Be Selected from One
2006-2007, 2007-2008, and 2008-2009 academic years (high                                        of the Following Options:
                                                                           Option 1                         Total of 17 units
school) successfully completes at the 12th grade level a
                                                                              1       Fine Arts Survey or substitute 2 units of performance
home study program approved by the State Board of                                      courses in music, dance, or theater; or substitute 2 units
Elementary and Secondary Education shall not be required                               of visual art courses; or substitute 2 units of studio art
to have also completed the 11th grade level of an approved                             courses; or a course from the Career and Technical
home study course.                                                                     Program of studies that is approved by the BESE (must
                                                                                       be listed under the Vocational Education Course
   J.2 - J.4.b.ii. …                                                                   Offerings in Bulletin 741 or the updates to Bulletin 741);
   AUTHORITY NOTE: Promulgated in accordance with R.S.                                 or substitute 1 unit as an elective from among the other
17:3021-3025, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.6.                       subjects listed in this core curriculum
   HISTORICAL NOTE: Promulgated by the Student Financial                      2       Foreign Language, Technical Writing,
Assistance Commission, Office of Student Financial Assistance,                         Speech I or Speech II
LR 22:338 (May 1996), repromulgated LR 24:636 (April 1998),                   1       One unit from the secondary computer education program
amended LR 24:1902 (October 1998), LR 24:2237 (December                                of studies that is approved by the BESE
1998), LR 25:257 (February 1999), LR 25:655 (April 1999), LR                                                 or
25:1794 (October 1999), LR 26:64, 67 (January 2000), LR 26:689             Option 2                         Total of 19 Units
(April 2000), LR 26:1262 (June 2000), LR 26:1602 (August 2000),               4       In a career major comprised of a sequence of related
                                                                                       specialty courses. In order for a student to use this
LR 26:1996, 1999, 2001 (September 2000), LR 26:2268 (October                           option, the courses for the career major must be
2000), LR 26:2753 (December 2000), LR 27:36 (January 2001),                            approved by BESE.
LR 27:702 (May 2001), LR 27:1219, 1219 (August 2001),                         1       Credit in a basic computer course.
repromulgated LR 27:1850 (November 2001), amended LR 28:772                   1       In related or technical fields. A related course includes
(April 2002), LR 28:2330, 2332 (November 2002), LR 29:125                              any course which is listed under the student's major. A
(February 2003), LR 29:2372 (November 2003), LR 30:1162 (June                          technical course is one that is listed in the approved
2004), LR 30:1471 (July 2004), LR 30:2019 (September 2004), LR                         career option plan for the high school at which the
31:37 (January 2005), LR 31:2213 (September 2005), LR 31:3112                          course is taken.
(December 2005), LR 32:2239 (December 2006), LR 33:435                      or
(March 2007), LR 33:2357 (November 2007), LR 33:2612                        A.6.a.iii - A.10. …
(December 2007), LR 34:                                                     B. Natural Disaster Initial Eligibility Requirements
Chapter 8.      TOPS-Tech Award                                                1. To establish eligibility for a TOPS Tech Award, a
§803. Establishing Eligibility                                            displaced student graduating from high school or completing
  A. - A.6.a.i.  …                                                        a BESE approved home study program at the 12th grade
        ii. for students graduating in the 2000-2001                      level during the 2005-2006, 2006-2007, 2007-2008, and
school year and thereafter, the high school course work                   2008-2009 academic years (high school) must meet all of the
documented on the student's official transcript as approved               requirements of §803.A above, except as follows.
by the Louisiana Department of Education constituting the                        a. A displaced student who has been certified by the
following TOPS-Tech core curriculum.                                      principal or headmaster to have graduated during the 2005-
                                                                          2006, 2006-2007, 2007-2008, and 2008-2009 school years



                                                                   1857              Louisiana Register Vol. 34, No. 09 September 20, 2008
from an out-of-state high school that meets the criteria of an            provide an incentive for qualified Louisiana public high
eligible out-of-state high school as provided in §1701.A.4                school students to prepare for and pursue an industry-based
and 5 shall not be required to have a higher minimum                      occupational or vocational education credential in a top
composite score on the ACT or on the Scholastic Aptitude                  demand occupation while still in high school.
Test than required for a student who graduates from an                      C. - E. …
eligible Louisiana high school provided such student has a                  AUTHORITY NOTE: Promulgated in accordance with R.S.
cumulative high school grade point average on all courses on              17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.
the high school transcript of at least 2.50 calculated on a                 HISTORICAL NOTE: Promulgated by the Student Financial
4.00 scale.                                                               Assistance Commission, Office of Student Financial Assistance,
                                                                          LR 31:3109 (December 2005), LR 34:
        b. The requirement that a student who graduates
                                                                          Chapter 14. Early Start Program
from an eligible Louisiana high school during the 2005-
                                                                          §1401. General Provisions
2006, 2006-2007, 2007-2008, and 2008-2009 school years
                                                                             A. The Early Start Program is administered by the
must have successfully completed the applicable core
                                                                          Louisiana Office of Student Financial Assistance (LOSFA)
curriculum shall be waived for a displaced student based
                                                                          in accordance with a memorandum of understanding by and
upon a sworn affidavit by the student's high school principal
                                                                          between the Louisiana Board of Regents and the Louisiana
or headmaster or authorized designee that failure to comply
                                                                          Student Financial Assistance Commission (LASFAC).
with such requirement is due solely to the fact that the
                                                                             B.1. Description. The Early Start Program is established
required course or courses were not available to the student
                                                                          to provide funding to eligible Louisiana postsecondary
at the school attended.
                                                                          institutions that enroll eligible 11th and 12th grade Louisiana
        c. A displaced student shall be deemed to meet the
                                                                          public high school students in college degree,
Louisiana residency requirement if:
                                                                          developmental, or work skills courses.
           i. such dependent or independent student actually
                                                                               2. History. The program was established by the Board
resided in Louisiana during the entire 2004-2005 academic
                                                                          of Regents as the Dual Enrollment Program to provide
year (high school) and was enrolled for such time in an
                                                                          funding to public postsecondary institutions that enroll
eligible Louisiana high school and graduated from high
                                                                          eligible public high school students. Beginning the 2008-
school during the 2005-2006, 2006-2007, 2007-2008, or
                                                                          2009 academic year (college), the Board of Regents
2008-2009 academic year (high school); or
                                                                          expanded the program to include members of LAICU that
   B.1.c.ii. - B.1.d.ii. …
                                                                          enroll eligible public high school students. Act 460 of the
        e. A displaced student who during the 2005-2006,
                                                                          2008 Regular Session of the Legislature provided for
2006-2007, 2007-2008, and 2008-2009 academic years (high
                                                                          participation in the program by students enrolled in
school) successfully completes at the 12th grade level a
                                                                          nonpublic high schools and home school programs.
home study program approved by the State Board of
                                                                               3. Purpose. The purpose of the Early Start Program is
Elementary and Secondary Education shall not be required
                                                                          to provide an incentive for qualified Louisiana high school
to have also completed the 11th grade level of an approved
                                                                          students to prepare for a postsecondary education or career.
home study course.
                                                                             C. Effective Date. Early Start Program payments shall be
   B.2. - B.4.b.ii. …
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     made beginning with the 2007-2008 award year to
17:3021-3025, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.6.          postsecondary institutions for 11th and 12th grade students
  HISTORICAL NOTE: Promulgated by the Student Financial                   meeting the eligibility criteria set forth in this Chapter.
Assistance Commission, Office of Student Financial Assistance,               D. Eligible Semesters/Terms. The Early Start Program
LR 24:1904 (October 1998), amended LR 24:2237 (December                   will pay for enrollment in each college course during each
1998), LR 25:1795 (October 1999), LR 26:65 and 67 (January                semester or term of the academic year. Early Start Program
2000), LR 26:1602 (August 2000), LR 26:1997 (September 2000),             will not pay for summer semesters or sessions.
LR 26:2269 (October 2000), LR 26:2754 (December 2000), LR                    E. Award Amount. The Early Start Program will pay
27:36 (January 2001), LR 27:1220 (August 2001), repromulgated
                                                                          postsecondary institutions $100 per college credit hour, not
LR 27:1854 (November 2001), amended LR 28:447 (March 2002),
LR 28:773 (April 2002), LR 28:2330 (November 2002), LR 29:554             to exceed $300 per course, for each course in which a
(April 2003), LR 30:1164 (June 2004), LR 30:2019 (September               student enrolled in a Louisiana public high school is eligible
2004), LR 31:39 (January 2005), LR 31:3114 (December 2005),               to enroll. The award amount shall not be paid on behalf of
LR 33:437 (March 2007), LR 33:2614 (December 2007), LR 34:                students enrolled in nonpublic high schools or in home
Chapter 10. TOPS-Tech Early Start Award                                   school; however, beginning with the 2008-2009 Academic
§1001. General Provisions                                                 Year (College), the program allows participating eligible
   A. Legislative Authority. The TOPS-Tech Early Start                    Louisiana postsecondary institutions to enroll eligible 11th
Award was created by Act 348 of the 2005 Regular Session                  and 12th grade Louisiana nonpublic high school and home
of the Louisiana Legislature.                                             school students at the same rate as the award amount that
   B. Description, History and Purpose. The TOPS-Tech                     funding is provided for public high school students at these
Early Start Award is established as part of the Taylor                    institutions.
Opportunity Program for Students (TOPS) to provide grants                   AUTHORITY NOTE: Promulgated in accordance with R.S.
for Louisiana residents pursuing occupational or vocational               17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.
training while being dually enrolled in a state public high                 HISTORICAL NOTE: Promulgated by the Student Financial
                                                                          Assistance Commission, Office of Student Financial Assistance,
school at the 11th and 12th grade levels and at a Louisiana               LR 33:2609 (December 2007), amended LR 34:240 (February
public postsecondary institution that offers an occupational              2008), LR 34:
or vocational education credential in a top demand
occupation. The purpose of TOPS-Tech Early Start is to
Louisiana Register Vol. 34, No. 09 September 20, 2008              1858
§1403. Definitions                                                             4. have completed and submitted an Early Start
   A. Words and terms not otherwise defined in this                       Program application to the high school in which the student
Chapter shall have the meanings ascribed to such words and                is enrolled or to the parent of the student in home school;
terms in this Section. Where the masculine is used in these                    5. be approved by the high school in which the student
rules, it includes the feminine, and vice versa; where the                is enrolled, or the parent of the student in home school, to
singular is used, it includes the plural, and vice versa.                 participate in the program and to enroll in the course or
                               ***                                        courses; and
     Career Area of Concentration—a coherent sequence of                       6.a. be enrolled in a course for which both public high
courses or field of study approved by BESE that prepares a                school and college credit is attempted and for which an
high school student for a first job and/or further education              Early Start Program payment is made: or
and training. It includes four sequential related credits in a                    b. be enrolled in a course for which both nonpublic
specific area plus two credits in a related field; one must be a          high school or home school and college credit is attempted
basic computer course.                                                    and for which an amount equal to the award amount of an
     Census Day—14th class day (or equivalent) of current                 Early Start Program payment is made.
term enrollment.                                                             B. Enrollment in a College Degree Course. In addition to
     College Degree Course―a course in an academic                        the eligibility criteria in Paragraphs A.1-6::
subject at a Louisiana postsecondary institution that                          1. a. for students graduating from high school or
generates postsecondary institutional credit and:                         completing the twelfth grade level of home school in
        a. appears on the current Board of Regents'                       academic years (high school) 2008-2009 through 2010-2011,
Statewide General Education Course Articulation Matrix for                the student must be working towards completing the
public postsecondary institutions; or                                     Regents/TOPS core curriculum by high school graduation;
        b. appears on a list of courses approved by the                   or
Board of Regents for LAICU postsecondary institutions.                            b. for students graduating from high school or
     Eligible Postsecondary Institution―Louisiana public                  completing the twelfth grade level of home school in
colleges or universities and regionally accredited                        academic years (high school) 2011-2012 and thereafter, the
independent colleges or universities which are members of                 student must be working towards completing the Louisiana
the LAICU.                                                                Core 4 curriculum as approved by the Board of Elementary
     Enrichment/Developmental Course―an English or                        and Secondary Education;
mathematics course at an eligible Louisiana postsecondary                      2.a. through the fall semester or fall and winter term
institution that generates postsecondary institutional credit,            of the 2008-2009 academic year (college) have a PLAN® or
but not degree credit, and is designed to prepare the student             ACT (or an equivalent SAT) composite score of at least 17
for college-level instruction.                                            to enroll in a college degree course unless the postsecondary
     Home School Students-Students enrolled in BESE                       institution requires the student to meet the criteria in
approved home study programs and students enrolled in                     §1405.B.2.b. below;
nonpublic (private) schools that have not sought approval                         b. for the spring semester or term of the 2008-2009
from but are registered with BESE.                                        academic year (college) and thereafter, have a PLAN ®
     LAICU—Louisiana Association of Independent                           composite score of at least 17 or ACT (or an equivalent
Colleges and Universities.                                                SAT) composite score of at least 18 to enroll in a college
     On Track to Graduate from High School—a student has                  degree course;
earned at least 11 Carnegie units if a junior, or at least 16                  3. have a PLAN® or ACT (or an equivalent SAT)
Carnegie units if a senior.                                               English sub-score of at least 18 or meet the postsecondary
     Work Skills Course―a course at an eligible Louisiana                 institution's pre-requisite requirement to enroll in an entry
postsecondary institution in a skill or occupational training             level English college degree course;
area that is designed to lead to an industry-based certificate                 4. have a PLAN® or ACT (or an equivalent SAT)
and, for students required to have a declared Career Area of              mathematics sub-score of at least 18 or meet the
Concentration, will contribute to the student’s Career Area of            postsecondary institution's pre-requisite requirement to
Concentration.                                                            enroll in an entry level mathematics college degree course.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                        C. Enrollment in an Enrichment/Developmental Course.
17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.          In addition to the eligibility criteria in Paragraphs A.1-6:
  HISTORICAL NOTE: Promulgated by the Student Financial                        1.a. for students graduating from high school or
Assistance Commission, Office of Student Financial Assistance,            completing the twelfth grade level of home school in
LR 33:2610 (December 2007), amended LR 34:240 (February
                                                                          academic years (high school) 2008-2009 through 2010-2011,
2008), LR 34:
                                                                          the student must be working towards completing the
§1405. Establishing Eligibility
                                                                          Regents/TOPS core curriculum by high school graduation;
   A. To establish eligibility for the Early Start Program, all
                                                                          or
student applicants must meet the following criteria:
                                                                                  b. for students graduating from high school or
     1. be in the 11th or 12th grade in a Louisiana public
                                                                          completing the twelfth grade level of home school in
high school and beginning with the 2008-2009 Academic
                                                                          academic years (high school) 2011-2012 and thereafter, the
Year (College) in a nonpublic high school or in home school;
                                                                          student must be working towards completing the Louisiana
     2. be at least 15 years of age;
                                                                          Core 4 curriculum as approved by the Board of Elementary
     3. have taken either the PLAN® or ACT assessment
                                                                          and Secondary Education;
(or SAT) and those scores are on file at the high school or in
the student’s home school records;
                                                                   1859            Louisiana Register Vol. 34, No. 09 September 20, 2008
     2.a. through the fall semester or fall and winter term                 AUTHORITY NOTE: Promulgated in accordance with R.S.
of the 2008-2009 academic year (college), have a PLAN® or                 17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.
ACT (or an equivalent SAT) composite score of at least 12                   HISTORICAL NOTE: Promulgated by the Student Financial
to enroll in an enrichment/developmental course unless the                Assistance Commission, Office of Student Financial Assistance,
                                                                          LR 33:2610 (December 2007), amended LR 34:241 (February
postsecondary institution requires the student to meet the                2008), LR 34:
criteria in §1405.C.2.b. below;
                                                                          §1409. Responsibilities of High Schools and School
        b. for the spring semester or term of the 2008-2009
                                                                                    Boards and Parents of Home School Students
academic year (college) and thereafter, have a PLAN ®
                                                                             A. The student's high school or the parent of a home
composite score of at least 14 or ACT (or an equivalent
                                                                          school student shall:
SAT) composite score of at least 15 to enroll in an
                                                                               1. determine whether the student meets the initial
enrichment/developmental course or meet the postsecondary
                                                                          eligibility criteria provided in §1405.A;
institution's pre-requisite requirement to enroll in the course;
                                                                               2. approve or disapprove the student's participation in
   D. Enrollment in a Work Skills Course. In addition to the
                                                                          the program;
eligibility criteria in Paragraphs A.1-6, a student must have:
                                                                               3. approve the course or courses in which the student
     1.a through the fall semester or fall and winter term of
                                                                          will enroll;
the 2008-2009 academic year (college), a PLAN® or ACT
                                                                               4. provide to the postsecondary institution at which
Composite score (or an equivalent SAT score) of at least 12
                                                                          the student will be dually enrolled:
unless the postsecondary institution requires the student to
                                                                                  a. the student's approved application; and
meet the criteria in §1405.D.1.b. below or a WorkKeys
                                                                                  b. the student's PLAN and/or ACT test scores,
Bronze Certificate.
                                                                          including sub-scores on those tests required to enroll in
        b. for the spring semester or term of the 2008-2009
                                                                          specific courses as provided in §1405.B-D.
academic year (college) and thereafter, PLAN® composite
                                                                             B. By forwarding the student's application to the
score of 14 or ACT Composite score (or an equivalent SAT
                                                                          postsecondary institution, the student's high school or the
score) of at least 15 or a WorkKeys Bronze Certificate.
                                                                          parent of a home school student certifies that it has
     2. a. for students graduating from high school or
                                                                          determined that the student has met all criteria in §1405.A to
completing the twelfth grade level of home school in
                                                                          participate in the Early Start Program and has approved the
academic years (high school) 2008-2009 through 2010-2011
                                                                          student's participation in the program and the course or
and thereafter:
                                                                          courses in which the student will be enrolled.
           i. be working towards completing the
                                                                             C. Student must be enrolled in a college course for
Regents/TOPS core curriculum by high school graduation;
                                                                          which high school or home school credit is attempted and
or
                                                                          recorded on the student’s secondary permanent academic
          ii. be working towards and on track to graduate
                                                                          record, including the high school course, units attempted,
from high school and have a declared Career Area of
                                                                          units earned, and course grade, unless the student withdraws
Concentration;
                                                                          before the college’s census date or the student’s enrollment
        b. for students graduating from high school or
                                                                          is cancelled.
completing the twelfth grade level of home school in
                                                                             D. At the end of each semester or term of participation in
academic year (high school) 2011-2012 and thereafter:
                                                                          the program, the student's high school or the parent of a
           i. be working towards completing the Louisiana
                                                                          home school student shall determine whether the student has
Core 4 curriculum as approved by the Board of Elementary
                                                                          met the criterion in §1407.A.1 for continued enrollment in
and Secondary Education, or
                                                                          the Early Start Program. If the student is determined eligible
          ii. be working towards and on track to graduate
                                                                          and the high school or the parent of a home school student
from high school and have declared a Career Area of
                                                                          approves the student's continued participation in the
Concentration;
                                                                          program, it shall so notify the postsecondary institution and
  AUTHORITY NOTE: Promulgated in accordance with R.S.
17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.          provide the course or courses approved for enrollment.
  HISTORICAL NOTE: Promulgated by the Student Financial                     AUTHORITY NOTE: Promulgated in accordance with R.S.
Assistance Commission, Office of Student Financial Assistance,            17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.
LR 33:2610 (December 2007), amended LR 34:240 (February                     HISTORICAL NOTE: Promulgated by the Student Financial
2008), LR 34:                                                             Assistance Commission, Office of Student Financial Assistance,
                                                                          LR 33:2610 (December 2007), amended LR 34:241 (February
§1407. Continuing Enrollment
                                                                          2008), LR 34:
   A. To continue enrollment in subsequent semesters/terms
                                                                          §1413. Responsibilities of Eligible Louisiana
in the Early Start Program, the student must:
                                                                                   Postsecondary Institutions
     1. have successfully completed and earned credit in
                                                                            A. Each eligible Louisiana postsecondary institution that
the last course(s) in which a student enrolled through the
                                                                          participates in the Early Start Program shall:
Early Start Program. If the student resigns, or withdraws
                                                                               1. be responsible for determining that the student
from a course or the student’s registration in the course is
                                                                          meets the PLAN or ACT eligibility criteria provided in
cancelled, the student must receive permission from both the
                                                                          §1405.B-D;
high school and college to continue enrollment in
                                                                               2. reserve Early Start Program funds when the student
subsequent semesters/terms;
                                                                          enrolled in a public high school is accepted and enrolled in
     2. be in good standing at the postsecondary institution;
                                                                          an appropriate course;
     3. continue to meet eligibility requirements in
§1405.A.

Louisiana Register Vol. 34, No. 09 September 20, 2008              1860
     3. submit a payment request to LOSFA for public high                 Louisiana Board of Regents, and the Louisiana Legislative
school students enrolled at the institution for whom a                    Auditor. Postsecondary institutions shall maintain all records
reservation was made as follows:                                          for a minimum of three years. All such records shall be made
        a. for each public high school student eligible for               available upon request by LOSFA, LASFAC, the Louisiana
the Early Start Program who is enrolled at the end of the                 Board of Regents and the Louisiana Legislative Auditor.
14th class day or later for semester schools, or the 9th class              AUTHORITY NOTE: Promulgated in accordance with R.S.
day or later for quarter and term schools;                                17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.
        b. payment request amount. Each semester or term,                   HISTORICAL NOTE: Promulgated by the Student Financial
the postsecondary institution in which a student is enrolled              Assistance Commission, Office of Student Financial Assistance,
                                                                          LR 33:2611 (December 2007), amended LR 34:241 (February
in an Early Start course shall submit a payment request to                2008), LR 34:
LOSFA during the period the billing portal is open for each
                                                                          §1415. Responsibilities of the Board of Regents
semester/term for which the student is enrolled in the
                                                                            A. The Board of Regents shall provide a student
amount of $100 per credit hour in which the student is
                                                                          application to participate in the Early Start Program.
enrolled, not to exceed $300 for each college course.
                                                                            B. The Board of Regents shall maintain a Statewide
Payment requests received outside of these timeframes will
                                                                          General Education Course Articulation Matrix.
not be paid unless approved by the Louisiana Board of
                                                                            C. The Board of Regents shall list the courses offered by
Regents;
                                                                          LAICU postsecondary institutions that are approved for use
        c. the postsecondary institution may not charge the
                                                                          in the Early Start Program. The Board of Regents shall
student any mandatory institutional and tuition fees for
                                                                          review the list of LAICU courses at least on an annual basis
enrollment in a course paid for by the Early Start Program;
                                                                          and shall post the list on the Board of Regents web site.
        d. the payment request shall include the social
                                                                            D. In the event that the funds appropriated for the Early
security number, college code, high school code, term, date,
                                                                          Start Program are insufficient to pay for all eligible public
college course type, hours attempted, and amount requested
                                                                          high school students, the Board of Regents shall develop,
for each student;
                                                                          approve and deliver a plan to LOSFA to address the
     4. for each nonpublic high school student and each
                                                                          shortfall.
home school, submit to LOSFA within 30 days of the census
                                                                            E. The Board of Regents shall provide specifications for
date of the semester/term for which the student is accepted
                                                                          submitting student level outcome data as required by
in the Early Start Program the student’s name, social security
                                                                          §1413.A.8.
number, college code, high school code, term, date, college                 AUTHORITY NOTE: Promulgated in accordance with R.S.
course type, hours attempted,                                             17:3021-3036, R.S. 17:3042.1, R.S. 17:3048.1 and R.S. 17:3048.5.
     5. for students who have been previously enrolled in                   HISTORICAL NOTE: Promulgated by the Student Financial
the Early Start Program, determine whether the student is in              Assistance Commission, Office of Student Financial Assistance,
good standing at that institution;                                        LR 33:2611 (December 2007), amended LR 34:242 (February
     6. by submitting a payment request to LOSFA, the                     2008), LR 34:
postsecondary institution certifies that:                                 §1417. Responsibilities of LOSFA
        a. the student meets the eligibility criteria provided               A. Upon receipt of payment requests from institutions
in 1405.B-D for the college course in which the student is                submitted in accordance with §1413.A, LOSFA shall pay the
dually enrolled;                                                          institution for each eligible student in accordance with
        b. the student was enrolled at the end of the 14th                §1413.
class day or later for semester schools, or the 9th class day or             B. LOSFA shall conduct audits of the participating
later for quarter and term schools;                                       eligible Louisiana postsecondary institutions to ensure
        c. the student's high school or the parent of a home              compliance with program requirements.
school student has provided notice that the student is eligible              C. LOSFA shall provide the information necessary to
for and has been approved to continue participation in the                fully inform Louisiana public high school students and their
program; and                                                              parents on the requirements of and procedures for applying
        d. the student's high school or the parent of a home              for and maintaining eligibility for the Early Start Program.
school student has provided notice of the course or courses                  D. LOSFA shall audit high schools and postsecondary
approved for enrollment;                                                  institutions to ensure compliance with these rules.
        e. the student is in good standing at the institution;               E. LOSFA shall maintain a database of all students who
     7. Verify that the student is enrolled in a college                  have participated in the Early Start Program, including social
course for which college credit is attempted and recorded on              security number, college code, high school code, term, date,
the student’s postsecondary permanent academic record,                    college course type, hours attempted, payment amount, and
including the college course, credit attempted, credit earned,            aggregate amount paid.
and course grade, unless the student withdraws before the                    F.1. After the receipt of fall semester or term payment
college’s census date or the student’s enrollment is                      requests, but no later than October 15 of each year, LOSFA
cancelled.                                                                shall determine whether sufficient funds are available for all
     8. Report student level outcome data to the Board of                 anticipated program payments for subsequent semesters and
Regents according to specifications defined by the Board of               terms of the academic year.
Regents.                                                                       2. In the event projections indicate sufficient funds are
   B. Records Retention                                                   not available, LOSFA shall notify the Board of Regents.
     1. Records pertaining to the Early Start Program are                      3. In the event additional funds are not allocated for
subject to audit as required by LOSFA, LASFAC, the                        all program payments anticipated for subsequent semesters

                                                                   1861             Louisiana Register Vol. 34, No. 09 September 20, 2008
and terms during the academic year, the Board of Regents                       6. you must have met all academic and nonacademic
shall develop, approve and deliver a plan to LOSFA to                      requirements and be officially notified of your award by
address the shortfall.                                                     LASFAC."
  AUTHORITY NOTE: Promulgated in accordance with R.S.                        AUTHORITY NOTE: Promulgated in accordance with R.S.
17:3021-3023 and R.S. 17:3129.7.                                           17:3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1.
  HISTORICAL NOTE: Promulgated by the Student Financial                      HISTORICAL NOTE: Promulgated by the Student Financial
Assistance Commission, Office of Student Financial Assistance,             Assistance Commission, Office of Student Financial Assistance,
LR 33:2611 (December 2007), amended LR 34:242 (February                    LR 22:338 (May 1996), repromulgated LR 24:644 (April 1998),
2008), LR 34:                                                              amended LR 24:1913 (October 1998), repromulgated LR 27:1864
Chapter 17.       Responsibilities of High Schools, School                 (November 2001), amended LR 29:126 (February 2003), LR
                  Boards, Special School Governing                         29:882 (June 2003), LR 30:1166 (June 2004), LR 34:
                  Boards, the Louisiana Department of                      Chapter 19.     Eligibility and Responsibilities of Post-
                  Education and LASFAC on Behalf of                                        Secondary Institutions
                  Eligible Non-Louisiana High Schools                      §1901. Eligibility of Post-Secondary Institutions to
§1705. Notification of Certified Students                                           Participate
   A. Through the 2002 academic year (high school), if the                   A. Undergraduate degree granting schools which are
certifying authority elects to notify students of their                    components of Louisiana public university medical centers
certification, then the following disclaimer shall be included             and two- and four-year public colleges and universities are
in any communication to the student: "Although you have                    authorized to participate in the Taylor Opportunity Program
been certified as academically eligible for a Taylor                       for Students (TOPS), TOPS-Tech, TOPS-Tech Early Start,
Opportunity Program for Students (TOPS) Award, you must                    Rockefeller State Wildlife Scholarship, Leveraging
satisfy all of the following conditions to redeem a                        Educational Assistance Partnership (LEAP) Program and the
scholarship under this program:                                            GO-Youth ChalleNGe Program.
     1. you must be a Louisiana resident as defined by the                   B. - D. …
Louisiana Student Financial Assistance Commission; and                       AUTHORITY NOTE: Promulgated in accordance with R.S.
     2. you must be accepted for enrollment by an eligible                 17:3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1 and R.S.
                                                                           17:3050.1-3050.4.
Louisiana college and be registered as a full-time
                                                                             HISTORICAL NOTE: Promulgated by the Student Financial
undergraduate student; and                                                 Assistance Commission, Office of Student Financial Assistance,
     3. you must annually apply for federal student aid, if                LR 22:338 (May 1996), repromulgated LR 24:645 (April 1998),
eligible for such aid, by the deadline required for                        amended LR 24:1914 (October 1998), LR 25:1459 (August 1999),
consideration for state aid; and                                           LR 26:1998 (September 2000), repromulgated LR 27:1864
     4. you must have met all academic and nonacademic                     (November 2001), amended LR 28:448 (March 2002), LR 30:784
requirements and be officially notified of your award by the               (April 2004), LR 31:3111 and 3114 (December 2005), LR 34:
Louisiana Student Financial Assistance Commission
(LASFAC)."                                                                                            George Badge Eldredge
   B. Commencing with the 2003 academic year (high                                                    General Counsel
                                                                           0809#009
school), if the certifying authority elects to notify students of
their potential eligibility for an award, then the following
                                                                                      DECLARATION OF EMERGENCY
disclaimer shall be included in any communication to the
student: "Although it appears that you have satisfied the                                   Office of the Governor
academic requirements for a Taylor Opportunity Program for                             Board of Architectural Examiners
Students (TOPS) Award based on this school's review of the
core curriculum courses you have completed and calculation                  Architects Selection Board—Vacancies (LAC 46:I.2117)
of your TOPS cumulative high school grade point average,
you must satisfy all of the following conditions to redeem a                 The Louisiana State Board of Architectural Examiners
scholarship under this program:                                            (LSBAE) is exercising the emergency provisions of the
     1. the Louisiana Student Financial Assistance                         Administrative Procedure Act (R.S. 49:953.B) to amend its
Commission (LASFAC) must determine that you have in                        rules pertaining to vacancies occurring on the Louisiana
fact completed the TOPS core curriculum courses;                           Architects Selection Board (LASB).
     2. LASFAC must determine that your TOPS                                 The LASB is composed of eight members, five of whom
cumulative high school grade point average based on the                    are regular members and architects. (R.S. 38:2311.A.1) Each
TOPS core curriculum meets the statutory requirements;                     of the five architectural members is elected from one of five
     3. you must be a Louisiana resident as defined by                     districts. Id. The LSBAE conducts the elections under rules
LASFAC;                                                                    and regulations which it has promulgated and adopted
     4. you must be accepted for enrollment by an eligible                 pursuant to the authority and responsibility set forth in R.S.
Louisiana postsecondary institution and be registered as a                 38:2311.A.1. The rules are contained in LAC 46:I Chapter
full-time undergraduate student no later than the next                     21, Architects Selection Board.
semester following the first anniversary of your graduation                  The LSBAE rules provide that an architect desiring
from high school;                                                          nomination for election to the LASB must deliver a written
     5. you must apply for federal student aid, if eligible                nomination to the LSBAE between May 1 and May 31
for such aid, by the deadline required for consideration for               preceding the election. During May of 2008, the LSBAE
state aid; and

Louisiana Register Vol. 34, No. 09 September 20, 2008               1862
received nominations for election from Districts 3, 4, and 5                   2. the executive director shall also publish in the
for terms commencing September 15, 2008; however, the                     official journal of the state an advertisement which will
LSBAE did not receive any nominations at all for election                 appear for a period of not less than 10 calendar days.
from Districts 1 or 2. Commencing September 15, 2008,                             a. The advertisement in the official journal of the
vacancies for Districts 1 and 2 of the LASB will occur.                   state need not appear more than three times during the 10
   Existing LSBAE Rule §2117.A sets forth a procedure for                 day period.
filling a vacancy occurring with respect any person elected                       b. The executive director may publish other such
to the LASB. The LSBAE currently has no rule concerning                   advertisements in his or her discretion.
any vacancy that may occur because no one submits a                               c. The advertisements shall:
nomination for election at all. More specifically, the LSBAE                         i. identify the district in which a vacancy has
has no rule concerning the vacancies for Districts 1 and 2 of             occurred; and
the LASB that will occur commencing September 15, 2008,                             ii. state that any resident architect in that district
because no architect submitted a nomination for election to               holding a current Louisiana license desiring nomination:
either of these two districts.                                                         (a). must furnish a nomination signed by not less
   R.S. 38:2311(B) provides that a member of the LASB may                 than 10 resident architects holding a current Louisiana
be removed for just and reasonable cause during his or her                license by certified mail to the board office;
term at the discretion of the respective appointing authority,                         (b). that a sample of the nomination may be
in which event the appointing authority shall appoint a new               obtained upon request from the board office, the deadline for
member to fill the unexpired term of the removed member.                  filing the nomination; and
This statute provides further that, “[a]ll other vacancies shall                       (c). any other information the board may
be filled by the appointing authority for the unexpired term.”            consider necessary.
Attorney General Opinion No. 77-1716 dated January 5,                          3. The deadline for filing a nomination to fill a
1978, issued to the LSBAE provides that, if an elected                    vacancy shall be at least 10 calendar days subsequent to the
member of the LASB is unable or unwilling to serve, the                   expiration of the last advertisement appearing in the official
LSBAE is the appointing authority authorized to appoint a                 journal of the state.
qualified person to fill the unexpired term and that it should                 4. The board shall appoint one of the nominees to fill
do so “as expeditiously as possible.”                                     the vacancy, which appointee shall serve the unexpired term.
   It is critical that the LASB perform its duties and                    If only one qualified architect submits a nomination to fill
responsibilities with a full board. If the LSBAE follows the              the vacancy, the executive director shall send a letter to that
non-emergency procedures set forth in the Administrative                  architect advising of his or her appointment to the Architects
Procedures Act (R.S. 49:953.A) for amending Rule §2117 to                 Selection Board, and no further board action shall be
handle the present situation (two vacancies that will occur               necessary to confer such appointment.
next month because no one submitted a nomination to be                       B. If the deadline for submission of nominations has
elected to the LASB from either of two districts), the LASB               passed and:
will be required to function for months without a full board.                  1. the board has not received a nomination from a
This will have an adverse impact on the financial welfare of              qualified architect for election to a district that will become
the State of Louisiana in the design and construction of                  vacant on September 15; or
buildings intended for human habitation, as well as on                         2. no architect has been nominated or elected to fill a
architects and their families who may be interested in                    vacancy on the Architects Selection Board that will occur on
pursuing professional service contracts from the state. The               September 15 for some other reason, the board shall fill the
LSBAE has, therefore, determined that this emergency rule                 upcoming vacancy by the procedures described in the
is necessary in order to prevent imminent financial peril to              preceding Paragraph.
the welfare of the state and affected architects.                           AUTHORITY NOTE: Promulgated in accordance with R.S.
   This Declaration of Emergency is effective August 15,                  37:144.
2008, and it shall remain in effect for the maximum period                  HISTORICAL NOTE: Promulgated by the Office of the
allowed under the Administrative Procedures Act.                          Governor, Board of Architectural Examiners, LR 29:576 (April
                                                                          2003), amended LR 34:
                             Title 46
                                                                            Interested persons may submit written comments on this
        PROFESSIONAL AND OCCUPATIONAL
                                                                          proposed rule to Ms. Mary "Teeny" Simmons, Executive
                         STANDARDS
                                                                          Director, Board of Architectural Examiners, 9625 Fenway
                       Part I. Architects
                                                                          Avenue, Suite B, Baton Rouge, LA 70809.
Chapter 21. Architect Selection Board
§2117. Vacancies
                                                                                                      Mary "Teeny" Simmons
   A. Any vacancy occurring with respect to any person
                                                                                                      Executive Director
elected shall be filled in the following manner:                          0808#002
      1. the executive director shall give notice of the
vacancy to any person who has previously requested such
notice in writing; and




                                                                   1863              Louisiana Register Vol. 34, No. 09 September 20, 2008
          DECLARATION OF EMERGENCY                                       and other applicable laws, as well as practice in good faith,
                                                                         and within the reasonable scope of his skills, training, and
           Department of Health and Hospitals
                                                                         ability; and
             Board of Veterinary Medicine
                                                                              4. The veterinarian or veterinary technician renders
                                                                         veterinary services on a gratuitous basis with no revenue of
              Temporary Registration during a
                                                                         any kind to be derived whatsoever from the provision of
             Declared Public Health Emergency
                                                                         veterinary services within the state of Louisiana.
                  (LAC 46:LXXXV.309)
                                                                            B. The authority provided for in this Emergency Rule
                                                                         shall cease on September 26, 2008, unless this Emergency
   The Department of Health and Hospitals, Board of                      Rule is renewed, modified, or extended, or earlier rescinded
Veterinary Medicine (the “Board”) has adopted this                       by the LBVM. Please monitor the LBVM’s website at
Emergency Rule 2008-Gustav 1 effective August 28, 2008,                  lbvm@eatel.net for future updates.
in accordance with the provisions of the Administrative                     C. All out of state licensed/registered/certified
Procedure Act, R.S. 49:953, and the Veterinary Practice Act,             veterinarians and/or veterinary technicians shall submit a
R.S. 37:1569 and Rule 309, as well as R.S. 29:769(E) as                  copy of their respective licenses/registrations/certifications
amended in the 2006 Regular Session of the Louisiana                     and photograph identification, as well as other requested
Legislature. The Emergency Rule is to remain in effect for a             information, to the LA Board of Veterinary Medicine office
period of 30 days, or until September 26, 2008.                          at lbvm@eatel.net, 225-342-2176, or fax 225-342-2142, for
   In keeping with its function as set forth by the State                registration with this agency. Please mail the original
Legislature in R.S. 29:769(E), as amended in the 2006                    application from with supporting documentation (faxed form
Regular Session, and based on the declaration of public                  not accepted).
health emergency by the Governor of Louisiana, issued on                    D. Should a qualified veterinarian or veterinarian
August 27, 2008, 2008 Proclamation #51 BJ 2008, (effective               technician registered with the Board thereafter fail to comply
through September 26, 2008), the Board has developed and                 with any requirement or condition established by this rule,
adopted this Emergency Rule hereby implementing                          the LBVM may terminate his registration upon notice and
temporary registration in Louisiana for out of state                     expedited hearing.
veterinarians or veterinary technicians whose licenses,                     E. In the event a veterinarian or veterinarian technician
certifications or registrations are current and unrestricted in          fails to register with the LBVM, but practices veterinary
another jurisdiction of the United States pursuant to the                medicine, whether gratuitously or otherwise, then such
criteria set forth in existing Board Rule 309.                           conduct will be considered the unlawful practice of
   The Emergency Rule will not limit or adversely impact                 veterinary medicine and prosecuted accordingly.
the practices of Louisiana licensed veterinarians or
                                                                            AUTHORTY NOTE: Promulgated in accordance with RS
Louisiana registered veterinary technicians in hospitals,
                                                                         37:1518 et seq.
clinics or mobile clinics during the declared state of public              HISTORICAL NOTE: Promulgated by the Department of
health emergency.                                                        Health and Hospitals, Board of Veterinary Medicine, LR 32:1900
                              Title 46                                   (December 2005), amended LR 34:
        PROFESSIONAL AND OCCUPATIONAL
                          STANDARDS                                                                 Wendy D. Parrish
                  Part LXXXV. Veterinarian                                                          Administrative Director
Chapter 3.        License Procedures                                     0809#017
§309. Temporary Registration during Declared Public
          Health Emergency                                                          DECLARATION OF EMERGENCY
   A. A veterinarian and/or veterinary technician not                             Department of Health and Hospitals
licensed/registered       in     Louisiana,    but   currently            Licensed Professional Counselors Board of Examiners
licensed/registered/certified in good standing and
unrestricted in another jurisdiction of the United States may               Requirements for Licensure (LAC 46:LX.3303-3315)
gratuitously practice veterinary medicine if:
     1. the veterinarian and/or veterinary technician has                  In accordance with the emergency provisions of the
photo identification and verification of a current                       Administrative Procedures Act, R.S. 49:953(B) et seq., the
license/registration/certification in good standing and                  Licensed Professional Counselors Board of Examiners is
unrestricted in another jurisdiction of the United States, and           declaring an Emergency Rule to revise Sections 3303 and
properly applies and obtains registration from the LBVM                  3307-3313 of the Board Rules (Title 46, Part LX of the La.
prior to providing any veterinary services in Louisiana;                 Administrative Codes), relative to the academic
     2. the veterinarian or veterinary technician is engaged             requirements for licensure of Marriage and Family
in a legitimate relief effort during the emergency period, and           Therapists.
provides satisfactory documentation to the LBVM of the                     The effective date of this Emergency Rule is August 20,
location site(s) that he will be providing gratuitous                    2008, and it shall be in effect for 120 days, or until a final
veterinary services (applicants are requested to contact LA              Rule is promulgated, whichever occurs first.
Incident Command Post at martha@ldaf.state.la.us or 225-                   The Emergency Rule is necessary to clarify requirements
925-3980 regarding deployment orders and emergency                       for Licensed Marriage and Family Therapists and Marriage
training credentials);                                                   and Family Therapy Interns as to graduate degrees and
     3. the veterinarian or veterinary technician shall                  academic clinical supervision.
comply with the LA Veterinary Practice Act, LBVM’s Rules,
Louisiana Register Vol. 34, No. 09 September 20, 2008             1864
  There will be no adverse fiscal impact on the state as a               including coursework on the AAMFT Code of Ethics and a
result of this Rule insasmuch as the Licensed Professional               minimum of 500 supervised direct client contact hours, with
Counselors Board of Examiners operates solely on self-                   a minimum of 250 hours of these 500 hours with couples
generated funds. Further, it will benefit the consumer by                and families, and a minimum of 100 hours of face-to-face
helping to assure strict and definite academic requirements              supervision. The training of the supervisor must be
for licensure of Licensed Marriage and Family Therapists.                equivalent to that of an AAMFT Approved Supervisor or
                           Title 46                                      AAMFT Supervisor Candidate.
        PROFESSIONAL AND OCCUPATIONAL                                      AUTHORITY NOTE: Promulgated in accordance with R.S.
                       STANDARDS                                         37:1101-1122.
  Part LX. Licensed Professional Counselors Board of                       HISTORICAL NOTE: Promulgated by the Department of
                         Examiners                                       Health and Hospitals, Licensed Professional Counselors Board of
                                                                         Examiners, LR 29:156 (February 2003), amended LR 29:2785
      Subpart 2. Professional Standards for Licensed                     (December 2003), LR 34:
              Marriage and Family Therapists                             §3313. Examination Requirements
Chapter 33. Requirements for Licensure                                     A. The examination for licensure shall be the national
§3303. Definitions                                                       marriage and family therapy examination as determined by
  Allied Mental Health Discipline—Repealed.                              the advisory committee. No other examination will be
                            ***                                          accepted.
  Appropriate Graduate Degree—Repealed.                                    B. Applicants for licensure are not eligible for
                            ***                                          examination until approved by the advisory committee.
  Marriage and Family Therapist Intern or MFT Intern―a                     C. Passing scores on the examination are determined by
person registered with the board who is receiving MFT                    the testing agency.
approved post-graduate supervision.                                        D. Any person who fails an examination shall not be
  Recognized Educational Institution—Repealed.                           admitted to a subsequent examination for at least six months.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                           AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1101-1122.
                                                                         37:1101-1122.
  HISTORICAL NOTE: Promulgated by the Department of
                                                                           HISTORICAL NOTE: Promulgated by the Department of
Health and Hospitals, Licensed Professional Counselors Board of
                                                                         Health and Hospitals, Licensed Professional Counselors Board of
Examiners, LR 29:155 (February 2003), amended LR 29:2784
                                                                         Examiners, LR 29:158 (February 2003), LR 34:
(December 2003), LR 34:
                                                                         §3315. Supervision Requirements
§3307. Specific Licensing Requirements for
                                                                            A. General Provisions
        Applications Made on or before June 30, 2004
                                                                              1. Applicants who meet the degree or certification
  Repealed.
                                                                         requirements must successfully complete a minimum of two
  AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1101-1122.                                                            years of work experience in marriage and family therapy
  HISTORICAL NOTE: Promulgated by the Department of                      under qualified supervision in accordance with COAMFTE
Health and Hospitals, Licensed Professional Counselors Board of          supervision standards as described in this Section.
Examiners, LR 29:155 (February 2003), amended LR 29:2785                    B. Definitions for Supervision
(December 2003), LR 34:                                                                                ***
§3309. Specific Licensing Requirements for                                  MFT Intern―a person registered with the board who is
        Applications Made on or before June 30, 2004                     receiving supervision from an LMFT-approved supervisor or
  Repealed.                                                              LMFT-registered supervisor candidate.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                                  ***
37:1101-1122.                                                               C. Supervision Requirements for Licensure
  HISTORICAL NOTE: Promulgated by the Department of                           1. A registered MFT intern must complete a minimum
Health and Hospitals, Licensed Professional Counselors Board of
Examiners, LR 29:156 (February 2003), amended LR 29:2785
                                                                         of two years of post-graduate work experience in marriage
(December 2003), LR 34:                                                  and family therapy that includes at least 3,000 hours of
§3311. Academic Requirements                                             clinical services to individuals, couples, or families.
   A. The advisory committee and board have determined                        1.a. - 7.e. ...
that meets the standards as provided in RS 37:1101(12)                      D. Qualifications of an LMFT-Approved Supervisor and
means:                                                                   an LMFT-Registered Supervisor Candidate
     1. a master's or doctoral degree in marriage and family                  1. - 2. ..
therapy from a program accredited by the Commission on                        3. A person who wishes to become an LMFT-
Accreditation for Marriage and Family Therapy Education                  approved supervisor must be a licensed marriage and family
(COAMFTE) in a regionally accredited educational                         therapist and must submit a completed application that
institution or a certificate in marriage and family therapy              documents that he or she meets the requirements. in one of
from a post-graduate training institute accredited by                    two ways.
COAMFTE; or                                                                      a. The applicant may meet the requirements by
     2. a master's or doctoral degree in marriage and family             meeting the following coursework, experience, and
therapy or marriage and family counseling from a program                 supervision of supervision requirements.
accredited by the Council for Accreditation of Counseling                           i. Coursework requirements:
and Related Educational Programs (CACREP) in a                                        (a). a one-semester graduate course in marriage
regionally accredited educational institution with a minimum             and family therapy supervision from a regionally accredited
of 6 graduate courses in marriage and family therapy                     institution; or
                                                                  1865             Louisiana Register Vol. 34, No. 09 September 20, 2008
             (b). an equivalent course of study consisting of a          Number 4). The April 20, 2004 Rule was amended to reduce
15-hour didactic component and a 15-hour interactive                     the reimbursement rates paid through the EarlySteps
component in the study of marriage and family therapy                    Program (Part C of IDEA) for health services rendered to
supervision approved by the advisory committee. The                      infants and toddlers with disabilities (Louisiana Register,
interactive component must include a minimum of four                     Volume 31, Number 8).
persons.                                                                    During the 2008 Regular Session of the Louisiana
          ii. Experience requirements:                                   Legislature, additional funds were allocated to increase the
             (a). has a minimum of two years experience as a             reimbursement rate paid for services provided to infants and
licensed marriage and family therapist.                                  toddlers with disabilities who receive services through the
         iii. Supervision of Supervision requirements:                   EarlySteps Program. As a result of the allocation of
             (a). 36 hours of supervision of supervision for             additional funds, the Bureau proposes to increase the
marriage and family therapy must be taken from an LMFT-                  reimbursement rate paid for certain services provided to
approved supervisor.                                                     infants and toddlers in the EarlySteps Program.
             (b). Repealed.                                                 This action is being taken to promote the health and
       b. …                                                              welfare of Medicaid recipients and to maintain access to
     4. LMFT-registered Supervisor Candidate                             EPSDT services by encouraging the continued participation
       a. …                                                              of providers in the Medicaid Program. It is estimated that
           i. includes documentation of a minimum of two                 implementation of this Emergency Rule will increase
years of experience as a licensed marriage and family                    expenditures in the Medicaid Program by approximately
therapist;                                                               $987,285 for state fiscal year 2008-2009.
       a.ii. - d. ...                                                       Effective September 1, 2008, the Department of Health
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    and Hospitals, Bureau of Health Services Financing amends
37:1101-1122.                                                            the provisions governing the reimbursement methodology
  HISTORICAL NOTE: Promulgated by the Department of                      for certain Early and Periodic Screening, Diagnosis and
Health and Hospitals, Licensed Professional Counselors Board of          Treatment health services provided to infants and toddlers in
Examiners, LR 29:158 (February 2003), amended LR 29:2787
(December 2003), LR 34:
                                                                         the EarlySteps Program.
                                                                                                     Title 50
                           Eddye Boeneke                                      PUBLIC HEALTH—MEDICAL ASSISTANCE
                           Executive Director                                     Part XV. Services for Special Populations
0809#001                                                                 Subpart 5. Early and Periodic Screening, Diagnoses, and
                                                                                                   Treatment
           DECLARATION OF EMERGENCY                                      Chapter 71. Health Services
                                                                         §7107. EarlySteps Reimbursement
           Department of Health and Hospitals                               A. EarlySteps (Part C of IDEA). The reimbursement for
                 Office of the Secretary                                 health services rendered to infants and toddlers with
           Bureau of Health Services Financing                           disabilities who are 0 to 3 years old shall be the lower of
                                                                         billed charges or 75 percent of the rate (a 25 percent
 Early and Periodic Screening, Diagnosis and Treatment                   reduction) in effect on January 31, 2005.
Health Services—EarlySteps Reimbursement Rate Increase                      B. EarlySteps (Part C of IDEA). Effective for dates of
                  (LAC 50:XV.7107)                                       service on or after September 1, 2008, the reimbursement for
                                                                         certain health services rendered in a natural environment to
   The Department of Health and Hospitals, Office of the                 infants and toddlers with disabilities who are 0 to 3 years old
Secretary, Bureau of Health Services Financing amends                    shall be increased by 25 percent of the rate in effect on
LAC 50:XV.7107 in the Medical Assistance Program as                      August 31, 2008.
authorized by R.S. 36:254 and pursuant to Title XIX of the                    1. For purposes of these provisions, a natural
Social Security Act. This Emergency Rule is promulgated in               environment may include a child’s home or settings in the
accordance with the Administrative Procedure Act, R.S.                   community that are natural or normal for the child’s age and
49:953(B)(1) et seq., and shall be in effect for the maximum             peers who have no disability (i.e. childcare facility, nursery,
period allowed under the Act or until adoption of the final              preschool program, or playground).
Rule, whichever occurs first.                                                 2. The following services rendered in a natural
   The Department of Health and Hospitals, Office of the                 environment shall be reimbursed at the increased rate:
Secretary, Bureau of Health Services Financing adopted                          a. occupational therapy;
provisions establishing early intervention services for infants                 b. physical therapy;
and toddlers with disabilities under the Early and Periodic                     c. speech language pathology services;
Screening, Diagnoses and Treatment (EPSDT) Program in                           d. audiology services; and
conjunction with the transfer of Louisiana’s early                              e. psychological services.
intervention system under Part C of the Individuals with                   AUTHORITY NOTE: Promulgated in accordance with R.S.
Disabilities Education Act (IDEA) to the Department of                   36:254 and Title XIX of the Social Security Act.
Health and Hospitals (Louisiana Register, Volume 30,




Louisiana Register Vol. 34, No. 09 September 20, 2008             1866
  HISTORICAL NOTE: Promulgated by the Department of                                                  Title 48
Health and Hospitals, Office of the Secretary, Bureau of Health                        PUBLIC HEALTH—GENERAL
Services Financing, LR 30:800 (April 2004), amended LR 31:2030                          Part I. General Administration
(August 2005), amended, LR 34:                                                           Subpart 3. Health Standards
   Implementation of the provisions of this Rule shall be                Chapter 93. Hospitals
contingent upon the approval of the U.S. Department of                   Subchapter B. Hospital Organization and Services
Health and Human Services, Centers for Medicare and
                                                                         §9335. Emergency Preparedness
Medicaid Services (CMS) if it is determined that submission
                                                                            A. - M. …
to CMS for review and approval is required.
                                                                            N. Effective immediately, upon declaration of the
   Interested persons may submit written comments to Jerry
                                                                         Secretary and notification to the Louisiana Hospital
Phillips, Bureau of Health Services Financing, P.O. Box
                                                                         Association, all hospitals licensed in Louisiana shall file an
91030, Baton Rouge, LA 70821-9030. He is responsible for
                                                                         electronic report with the EMSystem, or a successor
responding to inquiries regarding this Emergency Rule. A
                                                                         operating system during a declared emergency, disaster or
copy of this Emergency Rule is available for review by
                                                                         public health emergency.
interested parties at parish Medicaid offices.
                                                                              1. The electronic report shall be filed twice daily at
                                                                         7:30 a.m. and 2:30 p.m. throughout the duration of the
                           Alan Levine
                                                                         disaster or emergency event.
                           Secretary
0809#011
                                                                              2. The electronic report shall include, but not be
                                                                         limited to the following:
           DECLARATION OF EMERGENCY                                              a. status of operation (open, limited or closed);
                                                                                 b. availability of beds by category (medical/surgery,
            Department of Health and Hospitals                           intensive care unit, pediatric, psychiatric, etc.);
                  Office of the Secretary                                        c. other resources that may be needed by a hospital
            Bureau of Health Services Financing                          in an emergency (blood products, fuel, pharmaceuticals,
                                                                         personnel, etc.);
                Hospital Licensing Standards                                     d. generator status;
            Emergency Preparedness—Electronic                                    e. evacuation status; and
           Reporting Requirements (LAC 48:I.9335)                                f. shelter in place status.
                                                                           AUTHORITY NOTE: Promulgated in accordance with R.S.
   The Department of Health and Hospitals, Office of the                 40:2100-2115.
Secretary, Bureau of Health Services Financing amends                      HISTORICAL NOTE: Promulgated by the Department of
LAC 48:I.9335 in the Medical Assistance Program as                       Health and Hospitals, Office of the Secretary, Bureau of Health
                                                                         Services Financing, LR 21:177 (February 1995), amended LR
authorized by R.S. 36:254 and 40:2100-2115. This
                                                                         29:2409 (November 2003), LR 34:
Emergency Rule is promulgated in accordance with the
                                                                            Interested persons may submit written comments to Jerry
provisions of the Administrative Procedure Act, R.S.
                                                                         Phillips, Bureau of Health Services Financing, P.O. Box
49:953(B)(1) et seq., and shall be in effect for the maximum             91030, Baton Rouge, LA 70821-9030. He is responsible for
period allowed under the Act or until adoption of the final              responding to inquiries regarding this Emergency Rule. A
Rule, whichever occurs first.
                                                                         copy of this Emergency Rule is available for review by
   The Department of Health and Hospitals, Office of the
                                                                         interested parties at parish Medicaid offices.
Secretary, Bureau of Health Services Financing promulgated
a Rule that established new regulations governing the
                                                                                                     Alan Levine
licensing of hospitals (Louisiana Register, Volume 29,
                                                                                                     Secretary
Number 11). The Department now proposes to amend the                     0809#120
November 20, 2003 Rule to establish provisions requiring all
hospitals licensed in Louisiana to file electronic reports of                       DECLARATION OF EMERGENCY
their operational status during declared disasters or other
emergency situations.                                                                Department of Health and Hospitals
   This action is being taken to prevent imminent peril to the                             Office of the Secretary
health and well-being of Louisiana citizens who depend on                            Bureau of Health Services Financing
hospital services during declared disasters or other
emergencies. It is estimated that implementation of this                        Medicaid Eligibility—Family Opportunity Act
Emergency Rule will have no programmatic costs for state                           Medicaid Program (LAC 50:III.2303)
fiscal year 2008-2009.
   Effective immediately, upon declaration of the Secretary                The Department of Health and Hospitals, Office of the
and notification to the Louisiana Hospital Association, the              Secretary, Bureau of Health Services Financing proposes to
Department of Health and Hospitals, Office of the Secretary,             adopt LAC 50:III.2303 in the Medical Assistance Program
Bureau of Health Services Financing amends the provisions                as authorized by R.S. 36:254 and pursuant to Title XIX of
governing emergency preparedness for all hospitals licensed              the Social Security Act. This Emergency Rule is
in Louisiana.                                                            promulgated in accordance with the provisions of the




                                                                  1867              Louisiana Register Vol. 34, No. 09 September 20, 2008
   Administrative Procedure Act, R.S. 49:953(B)(1), et seq.,                       DECLARATION OF EMERGENCY
and shall be in effect for the maximum period allowed under
                                                                                   Department of Health and Hospitals
the Act or until adoption of the final Rule, whichever occurs
                                                                                         Office of the Secretary
first.
                                                                                   Bureau of Health Services Financing
   The Family Opportunity Act, signed into law by Congress
as part of the Deficit Reduction Act of 2005, contains
                                                                                      Medical Transportation Program
provisions which allow states to offer a Medicaid buy-in
                                                                                     Emergency Aircraft Transportation
program for children with disabilities. This optional
                                                                                   Rotor Winged Ambulance Rate Increase
Medicaid coverage is available to families with income
above the financial standards for Supplemental Security                                (LAC 50:XXVII.351 and 353)
Income (SSI) but not more than 300 percent of the federal
poverty level.                                                              The Department of Health and Hospitals, Office of the
   In compliance with the directives of the Family                       Secretary, Bureau of Health Services Financing adopts LAC
Opportunity Act, the Department of Health and Hospitals,                 50:XXVII.351 and 353 in the Medical Assistance Program
Office of the Secretary, Bureau of Health Services Financing             as authorized by R.S. 36:254 and pursuant to Title XIX of
implemented a Medicaid buy-in program, known as the                      the Social Security Act. This Emergency Rule is
Family Opportunity Act Medicaid Program, to provide                      promulgated in accordance with the provisions of the
health care coverage to children with disabilities who were              Administrative Procedure Act, R.S. 49:953(B)(1) et seq., and
born on or after October 1, 1995 and who are not eligible for            shall be in effect for the maximum period allowed under the
SSI disability benefits due to excess income or resources                Act or until adoption of the final Rule, whichever occurs
(Louisiana Register, Volume 34, Number 8). The                           first.
Department now proposes to amend the August 20, 2008                        The Department of Health and Hospitals, Office of the
Rule to expand coverage to include children born on or                   Secretary, Bureau of Health Services Financing adopted
before October 1, 1989, up to age 19.                                    provisions in the Medical Transportation Program
   This action is being taken to secure enhanced federal                 establishing a new reimbursement methodology for
revenue. It is estimated that implementation of this                     emergency air ambulance services, including helicopters and
Emergency Rule will increase expenditures in the Medicaid                fixed winged aircrafts, and implemented standards for
Program by approximately $893,917 for state fiscal year                  payment (Louisiana Register, Volume 22, Number 2).
2007-2008.                                                               Reimbursement for these services is a base rate derived from
   Effective October 1, 2008, the Department of Health and               the Medicare rates plus mileage.
Hospitals, Office of the Secretary, Bureau of Health Services               Act 19 of the 2008 Regular Session of the Louisiana
Financing amends the provisions of the August 20, 2008                   Legislature authorized expenditures to the Medical Vendor
Rule governing the Family Opportunity Act Medicaid                       Program to increase the reimbursement rate paid for rotor
Program to expand coverage to children born on or before                 winged ambulance services. In compliance with the
October 1, 1989 and who are under age nineteen.                          directives of Act 19, the Bureau proposes to amend the
                            Title 50                                     February 20, 1996 Rule governing the reimbursement
       PUBLIC HEALTH—MEDICAL ASSISTANCE                                  methodology for emergency air medical transportation to
                     Part III. Eligibility                               increase the reimbursement rate paid for rotor winged
         Subpart 3. Eligibility Groups and Factors                       emergency ambulance services. The Bureau will also clarify
Chapter 23. Eligibility Groups and Programs                              and repromulgate the existing Rule in its entirety for the
                                                                         purpose of adopting these provisions in a codified format for
§2303. Family Opportunity Act Medicaid Program
                                                                         inclusion in the Louisiana Administrative Code.
   A. ...
                                                                            This action is being taken to promote the health and
   B. Eligibility Requirements. Children born on or after
                                                                         welfare of recipients and to maintain access to emergency air
October 1, 1989, up to age 19, who meet the following
requirements may receive health care coverage through the                medical transportation services. It is estimated that
Family Opportunity Act Medicaid Program.                                 implementation of this Emergency Rule will increase
                                                                         expenditures in the Medical Transportation Program by
   B.1. - D.5.b. ...
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    approximately $638,605 for state fiscal year 2008-2009.
36:254 and Title XIX of the Social Security Act.                            Effective September 16, 2008, the Department of Health
  HISTORICAL NOTE: Promulgated by the Department of                      and Hospitals, Office of the Secretary, Bureau of Health
Health and Hospitals, Office of the Secretary, Bureau of Health          Services Financing increases the reimbursement rate paid for
Services Financing, LR 34:1628 (August 2008), amended LR 34:             rotor winged emergency ambulance services.
  Interested persons may submit written comments to Jerry                                            Title 50
Phillips, Bureau of Health Services Financing, P.O. Box                         PUBLIC HEALTH—MEDICAL ASSISTANCE
91030, Baton Rouge, LA 70821-9030. He is responsible for                        Part XXVII. Medical Transportation Program
responding to inquiries regarding this proposed Rule. A copy             Chapter 3.       Emergency Medical Transportation
of this Emergency Rule is available for review by interested             Subchapter C. Aircraft Transportation
parties at parish Medicaid offices.                                      §351. Standards for Participation
                                                                            A. Rotor winged (helicopters) and fixed winged
                           Alan Levine                                   emergency aircraft must be certified by the Department of
                           Secretary                                     Health and Hospitals, Bureau of Health Services Financing
0809#122


Louisiana Register Vol. 34, No. 09 September 20, 2008             1868
in order to receive Medicaid reimbursement. All air                      Medicaid Services (CMS) if it is determined that submission
ambulance services must be provided in accordance with                   to CMS for review and approval is required.
state laws and regulations governing the administration of                  Interested persons may submit written comments to Jerry
these services.                                                          Phillips, Bureau of Health Services Financing, P.O. Box
   B. All air ambulance services must comply with state                  91030, Baton Rouge, LA 70821-9030. He is responsible for
laws and regulations governing the personnel certifications              responding to inquiries regarding this Emergency Rule. A
of the emergency medical technicians, registered nurses,                 copy of this Emergency Rule is available for review by
respiratory care technicians, physicians and pilots as                   interested parties at parish Medicaid offices.
administered by the appropriate agency of competent
jurisdiction.                                                                                        Alan Levine
   C. Prior Authorization. The Prior Authorization Unit of                                           Secretary
the fiscal intermediary must approve the medical necessity               0809#121
for all air ambulance services.
     1. Air ambulance claims will be reviewed and a                                 DECLARATION OF EMERGENCY
determination will be made based on the following                                    Department of Health and Hospitals
requirements. Air ambulance services are covered only if:                                  Office of the Secretary
        a. speedy admission of the patient is essential and                          Bureau of Health Services Financing
the point of pick-up of the patient is inaccessible by a land
vehicle; or                                                                               Targeted Case Management
        b. great distance or other obstacles are involved in                             Reimbursement Methodology
getting the patient to the nearest hospital with appropriate                              (LAC 50:XV.10701-10703)
services.
  AUTHORITY NOTE: Promulgated in accordance with R.S.
36:254 and Title XIX of the Social Security Act.
                                                                            The Department of Health and Hospitals, Office of the
  HISTORICAL NOTE: Promulgated by the Department of                      Secretary, Bureau of Health Services Financing amends
Health and Hospitals, Office of the Secretary, Bureau of Health          LAC 50:XV.10701 and adopts §10703 under the Medical
Services Financing, LR 34:                                               Assistance Program as authorized by R.S. 36:254 and
§353. Reimbursement                                                      pursuant to Title XIX of the Social Security Act. This
   A. Fixed Winged Air Ambulance. The reimbursement for                  Emergency Rule is promulgated in accordance with the
fixed winged air ambulance services is the Medicare base                 provisions of the Administrative Procedure Act, R.S.
rate plus mileage in effect as of January 1, 1995.                       49:953.B(1) et seq., and shall be in effect for the maximum
     1. Payment for air mileage will be limited to actual air            period allowed under the Administrative Procedure Act or
mileage from the point of pick-up to the point of delivery of            until adoption of the final Rule, whichever occurs first.
the patient.                                                                The Department of Health and Hospitals, Office of the
     2. Payment for a round trip transport on the same day               Secretary, Bureau of Health Services Financing
between two hospitals is the base rate plus the round trip               repromulgated the rules governing optional targeted case
mileage.                                                                 management services under the Medicaid Program for
   B. Rotor Winged (Helicopters) Air Ambulance. Effective                inclusion in the Louisiana Administrative Code (Louisiana
for dates of service on or after September 17, 2008, the                 Register, Volume 30, Number 5). The department
reimbursement rate paid for rotor winged air ambulance                   promulgated an Emergency Rule to amend the provisions of
services shall be increased to 100 percent of the 2008                   the May 20, 2004 Rule governing the reimbursement
Louisiana Medicare allowable rate.                                       methodology for targeted case management services to
   C. If a land-based ambulance must be used for part of the             require case management agencies to bill in 15 minute
transport, the land-based ambulance provider will be                     increments and to establish cost reporting requirements
reimbursed separately according to the provisions governing              (Louisiana Register, Volume 34, Number 5).
emergency ground transportation.                                            During the 2008 Regular Session of the Louisiana
   D. Reimbursement for oxygen and disposable supplies                   Legislature, additional funds were allocated to increase the
will be made separately when the provider incurs these                   reimbursement rate paid for services provided to infants and
costs. Reimbursement for these services is based on                      toddlers with disabilities who receive services through the
Medicare rates as established in the state’s fee schedule                EarlySteps Program. As a result of the allocation of
effective April 1, 1995.                                                 additional funds, the bureau now proposes to amend the May
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    1, 2008 Emergency Rule to increase the reimbursement rate
36:254 and Title XIX of the Social Security Act.                         paid for targeted case management services provided to
  HISTORICAL NOTE: Promulgated by the Department of                      infants and toddlers.
Health and Hospitals, Office of the Secretary, Bureau of Health             This action is being taken to promote the health and
Services Financing, LR 34:                                               welfare of Medicaid recipients and to maintain access to
  Implementation of the provisions of this Rule shall be                 targeted case management services by encouraging the
contingent upon the approval of the U.S. Department of                   continued participation of providers in the Medicaid
Health and Human Services, Centers for Medicare and                      Program. It is estimated that implementation of this




                                                                  1869              Louisiana Register Vol. 34, No. 09 September 20, 2008
Emergency Rule will increase expenditures in the Medicaid                           DECLARATION OF EMERGENCY
Program by approximately $693,000 for state fiscal year
                                                                                          Department of Insurance
2008-2009.
                                                                                         Office of the Commissioner
   Effective September 1, 2008, the Department of Health
and Hospitals, Office of the Secretary, Bureau of Health
                                                                            Emergency Rule 24—Suspension of Certain Statutes and
Services Financing amends the reimbursement methodology
                                                                             Regulations Regarding Cancellations, Non-Renewals,
governing targeted case management services provided to
                                                                             Reinstatements, Premium Payments, Claim Filings and
infants and toddlers.
                                                                              Related Provisions Regarding Any and All Insurance
                            Title 50
                                                                               Matters Affecting Insureds in Louisiana Caused by
     PUBLIC HEALTH—MEDICAL ASSISTANCE
                                                                                               Hurricane Gustav
         Part XV. Services for Special Populations
                                                                                            (LAC 37:XI.Chapter 44)
          Subpart 7. Targeted Case Management
Chapter 107. Reimbursement
                                                                             Emergency Rule 24 is issued to address Hurricane Gustav
§10701. Reimbursement
                                                                          which made landfall in Louisiana on September 1, 2008.
   A. Effective for dates of service on or after May 1, 2008,
reimbursement for case management services shall be a                     Emergency Rule 24 is issued pursuant to the plenary
prospective rate for each approved unit of service provided               authority of the Commissioner of Insurance for the State of
to the recipient.                                                         Louisiana, including, but not limited to, the following:
                                                                          Proclamation No. 51 BJ 2008 issued on August 27, 2008 by
     1. One quarter hour (15 minutes) is the standard unit
                                                                          Governor Bobby Jindal declaring a State of Emergency
of service which covers both service provision and
administrative costs.                                                     extending from August 27, 2008 through September 26,
     2. All services must be prior authorized.                            2008: Executive Order No. BJ 08-93 issued September 9,
   B. …                                                                   2008 by Governor Bobby Jindal transferring authority over
   C. Effective for dates of service on or after February 1,              any and all insurance matters to Commissioner of Insurance
                                                                          James J. Donelon (commissioner); R.S. 29:724; R.S. 29:766;
2005, the reimbursement rate for targeted case management
                                                                          R.S. 22:2; R.S. 22:3; R.S. 22:1214.(7), (12) and (14); R.S.
services rendered to infants and toddlers shall be 75 percent
of the rate (a 25 percent reduction) in effect on January 31,             49:950 et seq.
2005.                                                                        On August 27, 2008, Governor Bobby Jindal declared a
   D. Effective for dates of service on or after September 1,             State of Emergency within the state of Louisiana in response
                                                                          to the expected landfall of Hurricane Gustav. As a result of
2008, the reimbursement rate for targeted case management
                                                                          the hurricane's landfall, Hurricane Gustav caused extensive
services rendered to infants and toddlers shall be increased
                                                                          power outages and flooding that destroyed many homes and
by 25 percent of the rate in effect on August 31, 2008.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     impacted the livelihood of the citizens of Louisiana. This
36:254 and Title XIX of the Social Security Act.                          State of Emergency extends from Wednesday, August 27,
  HISTORICAL NOTE: Promulgated by the Department of                       2008 through Friday, September 26, 2008.
Health and Hospitals, Office of the Secretary, Bureau of Health              An estimated 3.1 million Louisiana citizens, which is
Services Financing, LR 30:1040 (May 2004), amended LR 31:2032             approximately 73 percent of the population of Louisiana,
(August 2005), amended LR 34:                                             may have suffered damage due to Hurricane Gustav. In some
§10703. Cost Reports                                                      places, it could be several weeks before electricity is
  A. Case management agencies shall provide annual cost                   restored. The homes of many Louisiana citizens were
reports based on the state fiscal year, starting with the period          destroyed precluding habitation. The damage caused by
beginning July 1, 2008 and ending June 30, 2009.                          Hurricane Gustav has resulted in the closing of businesses
Completed reports are due within 90 calendar days after the               and financial institutions, the temporary suspension of mail
end of each fiscal year.                                                  service, the temporary displacement of persons from their
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     homes, loss of personal belongings and temporary loss of
36:254 and Title XIX of the Social Security Act.                          employment. This disruption has affected the ability of these
  HISTORICAL NOTE: Promulgated by the Department of
                                                                          citizens to timely pay their insurance premiums, access their
Health and Hospitals, Office of the Secretary, Bureau of Health
Services Financing, LR 34:
                                                                          insurance policies, and communicate with insurance agents
   Interested persons may submit written comments to Jerry                and their respective insurance companies for insurance
Phillips, Bureau of Health Services Financing, P.O. Box                   related matters. Hurricane Gustav has created a mass
91030, Baton Rouge, LA 70821-9030. He is responsible for                  disruption to the normalcy previously enjoyed by
responding to inquiries regarding this Emergency Rule. A                  Louisianans and produced an immediate threat to the public
copy of this Emergency Rule is available for review by                    health, safety, and welfare of Louisiana citizens.
interested parties at parish Medicaid offices.                               The commissioner will be hindered in the proper
                                                                          performance of his duties and responsibilities regarding this
                            Alan Levine                                   State of Emergency without the authority to suspend certain
                            Secretary                                     statutes in the Louisiana Insurance Code and the rules and
0809#012




Louisiana Register Vol. 34, No. 09 September 20, 2008              1870
regulations that implement the Louisiana Insurance Code                  entities doing business in Louisiana and/or regulated by the
including, but not limited to, cancellation, nonrenewal,                 commissioner may attempt to cancel, nonrenew or not
reinstatement, premium payment and claim filings with                    reinstate such insurance policies. Additionally, some
regard to any and all types of insurance subject to the                  insureds with policies in force as of 12:01 a.m. on August
Louisiana Insurance Code.                                                30, 2008, who wish to make timely payment, are also
   In light of this, Emergency Rule 24 is issued and shall               prevented from making such payment because of the
apply to all insurers, health maintenance organizations                  aforementioned circumstances. This could result in an
(HMOs), health and accident insurers, property and casualty              insured being without coverage and/or potentially uninsured.
insurers, surplus lines insurers and any and all other entities          Emergency Rule 24 provides emergency relief to the
doing business in Louisiana and/or regulated by the                      insureds of Louisiana affected by Hurricane Gustav and its
commissioner, including any entity enumerated in                         aftermath so that they will be insured and their coverage will
Emergency Rule 25, regarding any and all types of                        continue under those policies that were in effect as of 12:01
insurance, including, but not limited to, flood insurance (not           a.m. on August 30, 2008.
issued pursuant to the NFIP), homeowners insurance, life                                            Title 37
insurance, group and individual health and accident                                               INSURANCE
insurance, limited benefit insurance, vehicle insurance,                                         Part XI. Rules
liability insurance, workers’ compensation insurance,                    Chapter 44. Emergency Rule 24—Suspension of
burglary and forgery insurance, glass insurance, fidelity and                             Certain Statutes and Regulations
surety insurance, title insurance, fire and extended coverage                             Regarding Cancellations, Non-Renewals,
insurance, steam boiler and sprinkler leakage insurance, crop                             Reinstatements, Premium Payments,
and livestock insurance (not issued pursuant to a USDA                                    Claim Filings and Related Provisions
program), marine and transportation insurance, credit life,                               Regarding Any and All Insurance Matters
medical supplement insurance, credit property and casualty                                Affecting Insureds in Louisiana Caused
insurance, annuity insurance, HMOs, professional and                                      by Hurricane Gustav
medical malpractice liability insurance, property and                    §4401. Benefits, Entitlements, and Protections
casualty insurance, all surplus lines insurance, self insurance             A. The benefits, entitlements and protections of
funds, reciprocal insurance and any and all other insurance              Emergency Rule 24 shall be applicable to insureds who, as
related entities licensed by the commissioner or doing                   of 12:01 a.m. on August 30, 2008 had a policy or insurance
business in Louisiana.                                                   contract for any of the types of insurance enumerated in
   Emergency Rule 24 is applicable to insureds, as defined in            §4403 and reside in one of the following parishes: Acadia,
Section 4401, from the following 36 parishes: Acadia, Allen,             Allen, Ascension, Assumption, Avoyelles, Beauregard,
Ascension, Assumption, Avoyelles, Beauregard, Cameron,                   Cameron, East Baton Rouge, East Feliciana, Evangeline,
East Baton Rouge, East Feliciana, Evangeline, Iberia,                    Iberia, Iberville, Jefferson, Jefferson Davis, Lafayette,
Iberville, Jefferson, Jefferson Davis, Lafayette, Lafourche,             Lafourche, Livingston, Orleans, Plaquemines, Pointe
Livingston, Orleans, Plaquemines, Pointe Coupee, Rapides,                Coupee, Rapides, Sabine, St. Bernard, St. Charles, St. James,
Sabine, St. Bernard, St. Charles, St. James, St. John the                St. John the Baptist, St. Landry, St. Martin, St. Mary, St.
Baptist, St. Landry, St. Martin, St. Mary, St. Tammany,                  Tammany, Tangipahoa, Terrebonne, Vermilion, Vernon, West
Tangipahoa, Terrebonne, Vermilion, Vernon, West Baton                    Baton Rouge, and West Feliciana. The zip codes applicable
Rouge, and West Feliciana. The zip codes applicable to these             to these 36 parishes include, but may not be limited to, the
36 parishes include, but may not be limited to, the list                 list identified as "Hurricane Gustav Parish Zip Code List"
identified as "Hurricane Gustav Parish Zip Code List" found              found on the official Louisiana Department of Insurance
on the official Louisiana Department of Insurance Web site               Web site at www.ldi.state.la.us.
at www.ldi.state.la.us. Insureds shall include, but not be                  B. The benefits, entitlements, and protections of
limited to, any and all policyholders, members, subscribers,             Emergency Rule 24 shall be applicable to insureds who
enrollees and certificate holders.                                       reside in a parish enumerated in §4401.A and obtain written
   In the ordinary course of business, insurers, HMOs, group             documentation from either the chief executive officer of the
and individual health and accident insurers, property and                applicable parish or municipality or other appropriate parish
casualty insurers, surplus lines insurers and any and all other          authority regarding the interruption of U.S. mail service; or
entities doing business in Louisiana and/or regulated by the             insureds who provide written notice that said insured was
commissioner send notices to insureds, many of which are                 impacted by Hurricane Gustav in a manner including, but
required by statute, giving the insured certain limited periods          not limited to, evacuation, displacement, temporary
of time within which to pay premiums or otherwise respond.               relocation, or loss of power.
Hurricane Gustav and its aftermath have produced a                          AUTHORITY NOTE: Promulgated in accordance with
disruption in the notification process because of the inability          Executive Order BJ 2008-92.
of insureds to receive mail due to mandatory and/or                         HISTORICAL NOTE: Promulgated by the Department of
voluntary evacuations and/or the destruction or damage of                Insurance, Office of the Commissioner, LR 34:
their homes. Thus, many of Hurricane Gustav’s victims are                §4403. Applicability
currently unable to timely act or respond to such notices or                A. Emergency Rule 24 shall apply to any and all types of
to timely pay insurance premiums and need additional time                insurance, including, but not limited to, flood insurance (not
within which to act or respond. Some insurers, HMOs, group               issued pursuant to the NFIP), homeowners insurance, life
and individual health and accident insurers, property and                insurance, group and individual health and accident
casualty insurers, surplus lines insurers and any and all other          insurance, limited benefit insurance, vehicle insurance,
                                                                         liability insurance, workers’ compensation insurance,
                                                                  1871             Louisiana Register Vol. 34, No. 09 September 20, 2008
burglary and forgery insurance, glass insurance, fidelity and            effective 12:01 a.m. on August 30, 2008 and shall remain
surety insurance, title insurance, fire and extended coverage            suspended until October 1, 2008. The right of any insurer to
insurance, steam boiler and sprinkler leakage insurance, crop            utilize the services of a premium finance company to issue
and livestock insurance (not issued pursuant to a USDA                   any such notice is suspended during the pendency of
program), marine and transportation insurance, credit life,              Emergency Rule 24.
medical supplement insurance, credit property and casualty                  AUTHORITY NOTE: Promulgated in accordance with
insurance, annuity insurance, HMOs, professional and                     Executive Order BJ 2008-92.
medical malpractice liability insurance, property and                       HISTORICAL NOTE: Promulgated by the Department of
casualty insurance, all surplus lines insurance, self insurance          Insurance, Office of the Commissioner, LR 34:
funds, disability insurance, reciprocal insurance, long term             §4411. Cancellation and Nonrenewal
care insurance, short term health insurance, stop loss                     A. As set forth is R.S. 22:1471, no policy shall be
insurance, excess loss insurance, Medicare supplement                    cancelled or nonrenewed because of a claim resulting from
insurance, preferred provider organizations (PPOs),                      Hurricane Gustav or its aftermath.
                                                                            AUTHORITY NOTE: Promulgated in accordance with
managed care organizations (MCOs) and any and all other
                                                                         Executive Order BJ 2008-92.
insurance related entities licensed by the commissioner or                  HISTORICAL NOTE: Promulgated by the Department of
doing business in Louisiana.                                             Insurance, Office of the Commissioner, LR 34:
   AUTHORITY NOTE: Promulgated in accordance with                        §4413. Suspension of Cancellation, Nonrenewal or
Executive Order BJ 2008-92.
   HISTORICAL NOTE: Promulgated by the Department of                              Nonreinstatement
Insurance, Office of the Commissioner, LR 34:                              A. Except as provided for in §4421, the cancellation,
§4405. Suspension of Statutory or Regulatory                             nonrenewal or nonreinstatement of any and all insurance
         Provisions                                                      enumerated in §4403 herein and in Emergency Rule 25 that
   A. Any statutory or regulatory provision, or any policy               was in effect as of 12:01 a.m. on August 30, 2008 is hereby
provision contained in any and all policies of insurance set             suspended and shall be deferred until October 1, 2008.
                                                                            AUTHORITY NOTE: Promulgated in accordance with
forth in §4403 above, shall be suspended to the extent that
                                                                         Executive Order BJ 2008-92.
said statutory or regulatory provision, or policy provision,                HISTORICAL NOTE: Promulgated by the Department of
imposed upon an insured a time limit to perform any act or               Insurance, Office of the Commissioner, LR 34:
transmit information or funds with respect to any insurance              §4415. Policy Copy Request
enumerated in §4403 above, which act or transmittal was to                 A. If an insured requests from his insurer a copy of his
have been performed on or after 12:01 a.m. on August 30,                 policy, the insurer shall provide a copy of the requested
2008. The time limit for any such performance, act or                    policy to the insured without any charge or fee.
transmittal shall be suspended until October 1, 2008.                       AUTHORITY NOTE: Promulgated in accordance with
   AUTHORITY NOTE: Promulgated in accordance with                        Executive Order BJ 2008-92.
Executive Order BJ 2008-92.                                                 HISTORICAL NOTE: Promulgated by the Department of
   HISTORICAL NOTE: Promulgated by the Department of                     Insurance, Office of the Commissioner, LR 34:
Insurance, Office of the Commissioner, LR 34:                            §4417. New Policies
§4407. Suspension of Notice of Cancellation, Notice of                     A. The provisions of Emergency Rule 24 shall not apply
         Nonrenewal, Nonreinstatement                                    to any new policy of insurance for the types of insurance
  A. Emergency Rule 24 hereby suspends any notice of                     enumerated in §4403 and Emergency Rule 25 if said
cancellation, notice of nonrenewal, nonreinstatement or any              insurance policy was issued on or after 12:01 a.m. August
other notice related to any of the types of insurance                    30, 2008.
enumerated in §4403 that was in force and effect as of 12:01                AUTHORITY NOTE: Promulgated in accordance with
a.m. on August 30, 2008. Accordingly, any such notices that              Executive Order BJ 2008-92.
had not resulted in the actual cancellation, nonrenewal or                  HISTORICAL NOTE: Promulgated by the Department of
nonreinstatement of the types of insurance enumerated in                 Insurance, Office of the Commissioner, LR 34:
§4403 prior to 12:01 a.m. on August 30, 2008 shall be null               §4419. Premium Offset
and void. Furthermore, any such notice shall be reissued de                 A. All insurers regulated by Emergency Rule 24,
novo to the insured in accordance with existing statutory                including, but not limited to, property and casualty insurers,
requirements and any such notice shall not be issued to the              surplus lines insurers and any and all other entities doing
insured until October 1, 2008 or thereafter.                             business in Louisiana and/or regulated by the commissioner
   AUTHORITY NOTE: Promulgated in accordance with                        and other similar or related entities receiving a claim from
Executive Order BJ 2008-92.                                              an insured owing a premium may offset the premium that is
   HISTORICAL NOTE: Promulgated by the Department of                     owed by the insured from any claim payment made to the
Insurance, Office of the Commissioner, LR 34:                            insured under the insurance policy. Section 4419 is not
§4409. Suspension of Louisiana Insurance Code                            applicable to health insurance issuers, HMOs, PPOs, MCOs,
         Provisions                                                      third party administrators (TPAs) or any other health
   A. Any and all provisions in the Louisiana Insurance                  insurance entities doing business in Louisiana and/or
Code relative to providing for a premium finance company                 regulated by the commissioner.
to act on behalf of and/or as agent for an insurance company                AUTHORITY NOTE: Promulgated in accordance with
are hereby suspended. In furtherance thereof, the right,                 Executive Order BJ 2008-92.
entitlement, legal provision or any other form of legal                     HISTORICAL NOTE: Promulgated by the Department of
authority, including any policy provision, of any and all                Insurance, Office of the Commissioner, LR 34:
insurers to send a notice of cancellation is suspended

Louisiana Register Vol. 34, No. 09 September 20, 2008             1872
§4421. Policy Cancellation upon Request                                 AUTHORITY NOTE: Promulgated in accordance with
  A. Nothing shall prevent an insurer from cancelling a              Executive Order BJ 2008-92.
policy upon the documented written request or written                   HISTORICAL NOTE: Promulgated by the Department of
                                                                     Insurance, Office of the Commissioner, LR 34:
concurrence of the insured.
   AUTHORITY NOTE: Promulgated in accordance with                    §4435. Sanctions for Violations
Executive Order BJ 2008-92.                                             A. The commissioner retains the authority to enforce
   HISTORICAL NOTE: Promulgated by the Department of                 violations of Emergency Rule 24. Accordingly, any insurer
Insurance, Office of the Commissioner, LR 34:                        enumerated in Emergency Rule 24 or other entity doing
§4423. Insured's Obligation to Pay Premiums                          business in Louisiana and/or regulated by the commissioner
  A. Unless otherwise cancelled pursuant to the provisions           who violates any provision of Emergency Rule 24 shall be
of §4421 herein, nothing in Emergency Rule 24 shall be               subject to prosecution by the commissioner under any
construed to exempt or excuse an insured from the                    applicable provisions of the Louisiana Insurance Code,
obligation to pay the premiums otherwise due for actual              including the provisions of the R.S. 22:250.41, et seq., R.S.
insurance coverage provided.                                         22:1211, et seq., and specifically including, but not limited
   AUTHORITY NOTE: Promulgated in accordance with                    to, R.S. 22:1214(7), (12) and (14). Additionally, the penalty
Executive Order BJ 2008-92.                                          provisions set forth in LSA-R.S. 22:1217 shall be applicable.
   HISTORICAL NOTE: Promulgated by the Department of                 These provisions include penalties of $1,000 for each
Insurance, Office of the Commissioner, LR 34:                        separate act, or $25,000 for each separate act if the violator
§4425. Cancellation for Fraud or Material                            knew or reasonably should have known he was in violation
         Representation                                              of Emergency Rule 24, as well as a cease and desist order
  A. Emergency Rule 24 shall not prevent an insurer from             and the imposition of other penalties and suspension or
canceling or terminating a policy of insurance for fraud or          revocation of the license. Additionally, R.S. 22:1220, which,
material misrepresentation on the part of the insured.               among other things, imposes the obligation of good faith and
   AUTHORITY NOTE: Promulgated in accordance with                    fair dealing shall also be subject to the enforcement authority
Executive Order BJ 2008-92.
                                                                     of the commissioner. This law sets forth penalties and
   HISTORICAL NOTE: Promulgated by the Department of
Insurance, Office of the Commissioner, LR 34:                        exemplary damages which shall be enforceable by the
§4427. Insured's Obligation to Provide Information and               commissioner for any violation of Emergency Rule 24.
          Cooperation                                                Finally, the commissioner may impose any other applicable
   A. Emergency Rule 24 shall not relieve an insured who             civil and criminal sanctions for violations of Emergency
has a claim caused by Hurricane Gustav or its aftermath              Rule 24.
                                                                        AUTHORITY NOTE: Promulgated in accordance with
from compliance with the insured’s obligation to provide             Executive Order BJ 2008-92.
information and cooperate in the claim adjustment process               HISTORICAL NOTE: Promulgated by the Department of
relative to the claim.                                               Insurance, Office of the Commissioner, LR 34:
   AUTHORITY NOTE: Promulgated in accordance with                    §4437. Applying Provisions outside of Affected Parishes
Executive Order BJ 2008-92.
                                                                       A. Nothing in Emergency Rule 24 shall preclude an
   HISTORICAL NOTE: Promulgated by the Department of
Insurance, Office of the Commissioner, LR 34:
                                                                     insurer from voluntarily applying the provisions of
§4429. Interest, Penalties, Fees and Other Charges                   Emergency Rule 24 relating to cancellation, nonrenewal and
  A. The right of an insurer to impose or levy any                   nonreinstatement to any other person who is an insured and
additional interest, penalty, fee or other charge is hereby          who resides in any parish other than the parishes set forth in
suspended until October 1, 2008.                                     Section 4401.
                                                                        AUTHORITY NOTE: Promulgated in accordance with
   AUTHORITY NOTE: Promulgated in accordance with
                                                                     Executive Order BJ 2008-92.
Executive Order BJ 2008-92.
                                                                        HISTORICAL NOTE: Promulgated by the Department of
   HISTORICAL NOTE: Promulgated by the Department of
                                                                     Insurance, Office of the Commissioner, LR 34:
Insurance, Office of the Commissioner, LR 34:
§4431. Petition for Exemption                                        §4439. Authority
   A. Notwithstanding any other provision contained                    A. The commissioner reserves the right to amend,
herein, the commissioner may exempt any insurer from                 modify, alter or rescind all or any portions of Emergency
compliance with Emergency Rule 24 upon the insurer filing            Rule 24. Additionally, the commissioner reserves the right to
with the commissioner a written "Petition for Exemption              extend Emergency Rule 24.
                                                                        AUTHORITY NOTE: Promulgated in accordance with
from Emergency Rule 24" which unequivocally                          Executive Order BJ 2008-92.
demonstrates that compliance with Emergency Rule 24 will                HISTORICAL NOTE: Promulgated by the Department of
result in said insurer being subject to undue hardship,              Insurance, Office of the Commissioner, LR 34:
impairment, or insolvency.                                           §4441. Severability Clause
   AUTHORITY NOTE: Promulgated in accordance with                       A. If any section or provision of Emergency Rule 24 is
Executive Order BJ 2008-92.
                                                                     held invalid, such invalidity or determination shall not affect
   HISTORICAL NOTE: Promulgated by the Department of
Insurance, Office of the Commissioner, LR 34:
                                                                     other sections or provisions, or the application of Emergency
§4433. Intent and Purpose                                            Rule 24, to any persons or circumstances that can be given
   A. The provisions of Emergency Rule 24 shall be                   effect without the invalid sections or provisions and the
liberally construed to effectuate the intent and purposes            application to any person or circumstance shall be severable.
                                                                       AUTHORITY NOTE: Promulgated           in   accordance   with
expressed herein and to afford maximum consumer                      Executive Order BJ 2008-92.
protection for the insureds of Louisiana.

                                                              1873             Louisiana Register Vol. 34, No. 09 September 20, 2008
   HISTORICAL NOTE: Promulgated by the Department of                   Louisianans and produced an immediate threat to the public
Insurance, Office of the Commissioner, LR 34:                          health, safety, and welfare of Louisiana citizens.
§4443. Effective Date                                                     The commissioner will be hindered in the proper
   A. Emergency Rule 24 shall become effective at 12:01                performance of his duties and responsibilities regarding this
a.m. on August 30, 2008 and shall continue in full force and           State of Emergency without the authority to suspend certain
effect until October 1, 2008.                                          statutes in the Louisiana Insurance Code and the rules and
   AUTHORITY NOTE: Promulgated in accordance with                      regulations that implement the Louisiana Insurance Code
Executive Order BJ 2008-92.                                            including, but not limited to, cancellation, nonrenewal,
   HISTORICAL NOTE: Promulgated by the Department of
                                                                       reinstatement, premium payment and claim filings with
Insurance, Office of the Commissioner, LR 34:
                                                                       regard to any and all types of insurance subject to the
                           James J. Donelon                            Louisiana Insurance Code.
                           Commissioner                                   In light of this, I hereby issue Emergency Rule 25 to any
0809#118                                                               and all health insurance issuers, Health Maintenance
                                                                       Organizations (hereinafter HMOs), Preferred Provider
           DECLARATION OF EMERGENCY                                    Organizations (hereinafter PPOs), Managed Care
                                                                       Organizations       (hereinafter    MCOs),      Third    Party
                 Department of Insurance                               Administrators (TPAs) and any other health insurance
                Office of the Commissioner                             entities doing business in Louisiana and/or regulated by the
                                                                       commissioner pursuant to the Louisiana Insurance Code
 Emergency Rule 25—Suspension of Certain Statutes and                  regarding any and all types of health insurance, including,
    Regulations Regarding Health Insurance and Related                 but not limited to, group and individual health and accident
Provisions Regarding Any and All Health Insurance Matters              insurance, limited benefit insurance, Medicare supplement
Affecting Insureds in Louisiana Caused by Hurricane Gustav             insurance, Medicare select insurance, HMOs, PPOs, MCOs,
                  (LAC 37:XI.Chapter 45)                               excess loss insurance, stop loss insurance, disability income
                                                                       insurance, short-term health insurance, long-term care
   Emergency Rule 25 is issued to address Hurricane Gustav             insurance, and any and all other types of health insurance
which made landfall in Louisiana on September 1, 2008.                 regulated by the Louisiana Insurance Code.
Emergency Rule 25 is issued pursuant to the plenary                       Emergency Rule 25 is applicable to insureds, as defined in
authority of the Commissioner of Insurance for the State of            Section 4501(A), from the following 36 parishes: Acadia,
Louisiana, including, but not limited to, the following:               Allen, Ascension, Assumption, Avoyelles, Beauregard,
Proclamation No. 51 BJ 2008 issued on August 27, 2008 by               Cameron, East Baton Rouge, East Feliciana, Evangeline,
Governor Bobby Jindal declaring a State of Emergency                   Iberia, Iberville, Jefferson, Jefferson Davis, Lafayette,
extending from August 27, 2008 through September 26,                   Lafourche, Livingston, Orleans, Plaquemines, Pointe
2008: Executive Order No. BJ 08-93 issued September 9,                 Coupee, Rapides, Sabine, St. Bernard, St. Charles, St. James,
2008 by Governor Bobby Jindal transferring authority over              St. John the Baptist, St. Landry, St. Martin, St. Mary, St.
any and all insurance matters to Commissioner of Insurance             Tammany, Tangipahoa, Terrebonne, Vermilion, Vernon, West
James J. Donelon (commissioner); R.S. 29:724; R.S. 29:766;             Baton Rouge, and West Feliciana. The zip codes applicable
R.S. 22:2; R.S. 22:3; R.S. 22:1214.(7), (12) and (14); R.S.            to these 36 parishes include, but may not be limited to, the
49:950 et seq.                                                         list identified as “Hurricane Gustav Parish Zip Code List”
   On August 27, 2008, Governor Bobby Jindal declared a                found on the official Louisiana Department of Insurance
State of Emergency within the state of Louisiana in response           Web site at www.ldi.state.la.us. Insureds shall include, but
to the expected landfall of Hurricane Gustav. As a result of           not be limited to, any and all policyholders, members,
the hurricane's landfall, Hurricane Gustav caused extensive            subscribers, enrollees and certificate holders.
power outages and flooding that destroyed many homes and                  In the ordinary course of business, health insurance
impacted the livelihood of the citizens of Louisiana. This             issuers, HMOs, PPOs, MCOs, TPAs and any and all other
State of Emergency extends from Wednesday, August 27,                  health insurance entities doing business in Louisiana and/or
2008 through Friday, September 26, 2008.                               regulated by the commissioner pursuant to the Louisiana
   An estimated 3.1 million Louisiana citizens, which is               Insurance Code regarding any and all types of health
approximately 73 percent of the population of Louisiana,               insurance, including, but not limited to, group and individual
may have suffered damage due to Hurricane Gustav. In some              health and accident insurance, limited benefit insurance,
places, it could be several weeks before electricity is                Medicare supplement insurance, Medicare select insurance,
restored. The homes of many Louisiana citizens were                    HMOs, PPOs, MCOs, excess loss insurance, stop loss
destroyed precluding habitation. The damage caused by                  insurance, disability insurance, short-term care insurance,
Hurricane Gustav has resulted in the closing of businesses             long-term care insurance and any and all other health
and financial institutions, the temporary suspension of mail           insurance regulated by the Louisiana Insurance Code, are
service, the temporary displacement of persons from their              subject to certain requirements with regard to health
homes, loss of personal belongings and temporary loss of               insurance matters affecting insured citizens in Louisiana.
employment. This disruption has affected the ability of these          Hurricane Gustav has produced a disruption in the health
citizens to timely pay their insurance premiums, access their          insurance industry. Thus, many of the insureds in the 36
insurance policies, and communicate with insurance agents              parishes referenced above are currently unable to timely act
and their respective insurance companies for insurance                 or respond to their health insurance needs. Additionally,
related matters. Hurricane Gustav has created a mass                   some insureds with policies in force as of 12:01 a.m. on
disruption to the normalcy previously enjoyed by
Louisiana Register Vol. 34, No. 09 September 20, 2008           1874
August 30, 2008, who wish to make timely premium                         individual health and accident insurance, limited benefit
payments, are also prevented from making such payment                    insurance, Medicare supplement insurance, Medicare select
because of the aforementioned circumstances. This could                  insurance, HMOs, PPOs, MCOs, excess loss insurance, stop
result in an insured being without coverage and/or                       loss insurance, disability income insurance, short-term
potentially uninsured. Emergency Rule 25 provides                        health insurance, long-term care insurance and any and all
emergency relief to the insureds of Louisiana affected by                other health insurance.
Hurricane Gustav and its aftermath so that these insureds                   AUTHORITY NOTE: Promulgated in accordance with
will be insured and their coverage will continue under those             Executive Order BJ 2008-92.
policies that were in effect as of 12:01 a.m. on August 30,                 HISTORICAL NOTE: Promulgated by the Department of
2008.                                                                    Insurance, Office of the Commissioner, LR 34:
                              Title 37                                   §4505. Suspension of Statutory or Regulatory
                          INSURANCE                                                Provisions
                         Part XI. Rules                                     A. All health insurance issuers, HMO’s, PPOs, MCOs,
Chapter 45. Emergency Rule 25—Suspension of                              TPAs, and any other health insurance entities doing business
                  Certain Statutes and Regulations                       in Louisiana or regulated by the commissioner with insureds
                  Regarding Health Insurance and Related                 in the parishes enumerated in §4501.A shall waive any and
                  Provisions Regarding Any and All Health                all restrictions relative to out-of-network access to all
                  Insurance Matters Affecting Insureds in                covered health care services. To avoid delays in accessing
                  Louisiana Caused by Hurricane Gustav                   care, all health insurance issuers, HMOs, PPOs, MCOs
§4501. Benefits, Entitlements, and Protections                           TPAs, and any other health insurance entities doing business
   A. The benefits, entitlements and protections of                      in Louisiana or regulated by the commissioner shall waive
Emergency Rule 25 shall be applicable to insureds who, as                requirements for medical certifications or pre-certifications,
of 12:01 a.m. on August 30, 2008 had a policy or insurance               referrals, medical necessity reviews and notification of
contract for any of the types of insurance enumerated in                 hospital admissions. The right of all health insurance issuers,
Section 4503, and resided in one of the following 36                     HMOs, PPOs, MCOs TPAs, and any other health insurance
parishes: Acadia, Allen, Ascension, Assumption, Avoyelles,               entities doing business in Louisiana or regulated by the
Beauregard, Cameron, East Baton Rouge, East Feliciana,                   commissioner to conduct retrospective medical necessity
Evangeline, Iberia, Iberville, Jefferson, Jefferson Davis,               reviews and retrospectively deny any and all claims is
Lafayette, Lafourche, Livingston, Orleans, Plaquemines,                  hereby suspended for non-elective health care services.
Pointe Coupee, Rapides, Sabine, St. Bernard, St. Charles, St.            Additionally, the right of all health insurance issuers, HMOs,
James, St. John the Baptist, St. Landry, St. Martin, St. Mary,           PPOs, MCOs TPAs, and any other health insurance entities
St. Tammany, Tangipahoa, Terrebonne, Vermilion, Vernon,                  doing business in Louisiana or regulated by the
West Baton Rouge, and West Feliciana. The zip codes                      commissioner to recoup or offset with regard to any and all
applicable to these 36 parishes include, but may not be                  claims for non-elective health care services is hereby
limited to, the list identified as "Hurricane Gustav Parish Zip          suspended. Non-elective health care services are those that
Code List" found on the official Louisiana Department of                 are urgent, emergent, or necessary in order to not place the
Insurance Web site at www.ldi.state.la.us. Insureds shall                health of the insured at risk.
                                                                            AUTHORITY NOTE: Promulgated in accordance with
include, but not be limited to, any and all policyholders,
                                                                         Executive Order BJ 2008-92.
members, subscribers, enrollees and certificate holders.                    HISTORICAL NOTE: Promulgated by the Department of
   B. The benefits, entitlements and protections specified in            Insurance, Office of the Commissioner, LR 34:
Sections 4505, 4509, 4511, and 4519 of Emergency Rule 25                 §4507. Claim Rates and Allowances
shall, by the issuance of Emergency Rule 25, be applicable                  A. In the event health insurance issuers, HMOs, PPOs,
to insureds who, as of 12:01 a.m. on August 30, 2008 had a               MCOs, TPAs and another health insurance entities doing
policy or insurance contract for any of the types of insurance           business in Louisiana or regulated by the commissioner pend
enumerated in §4503 and resided in one of the parishes                   a claim(s), as allowed pursuant to Emergency Rule 25, and is
enumerated in §4501.A.                                                   subsequently entitled to cancel or terminate a policy for non-
   C. The benefits, entitlements, and protections of                     payment of a premium, health insurance issuers, HMOs,
Emergency Rule 25 shall be applicable to insureds who                    PPOs, MCOs, TPAs and another health insurance entities
reside in a parish enumerated in §4501.A and obtain written              doing business in Louisiana or regulated by the
documentation from either the chief executive officer of the             commissioner shall pay those claims to the health care
applicable parish or municipality or other appropriate parish            professionals at the following rate or allowance.
authority regarding the interruption of U.S. mail service; or                  1. For contracted health care providers or health care
insureds who provide written notice that said insured was                professionals, 50 percent of the contracted reimbursement
impacted by Hurricane Gustav in a manner including, but                  rate.
not limited to, evacuation, displacement, temporary                            2. For non-contracted health care providers or health
relocation, or loss of power.                                            care professionals, 50 percent of the non-participating rate or
   AUTHORITY NOTE: Promulgated in accordance with                        allowance.
Executive Order BJ 2008-92.
                                                                               3. With regard to claims submitted pursuant to §4507,
   HISTORICAL NOTE: Promulgated by the Department of
Insurance, Office of the Commissioner, LR 34:                            when the underlying policy is cancelled or terminated for
§4503. Applicability                                                     non-payment of premium, health insurance issuers, HMOs,
  A. Emergency Rule 25 shall apply to any and all types of               PPOs, MCOs, TPAs and another health insurance entities
health insurance, including, but not limited to, group and               doing business in Louisiana or regulated by the
                                                                  1875             Louisiana Register Vol. 34, No. 09 September 20, 2008
commissioner shall be allowed to conduct medical necessity                  AUTHORITY NOTE: Promulgated in accordance with
reviews on claims related to non-elective services. Non-                 Executive Order BJ 2008-92.
elective services are those services that are emergent, urgent,             HISTORICAL NOTE: Promulgated by the Department of
or necessary in order to not place the health of the insured at          Insurance, Office of the Commissioner, LR 34:
risk.                                                                    §4513. Assuring Portability—Compliance
      4. With regard to any and all claims paid by health                  A. All health insurance issuers and HMOs shall maintain
insurance issuers, HMOs, PPOs, MCOs, TPAs and another                    compliance with R.S. 22:250.1, et seq., titled Assuring
health insurance entities doing business in Louisiana or                 Portability, Availability and Renewability of Health
regulated by the commissioner pursuant to the requirements               Insurance Coverage, and any applicable federal law.
                                                                            AUTHORITY NOTE: Promulgated in accordance with
of §4507, the provisions of R.S. 22:250.38 and R.S.
                                                                         Executive Order BJ 2008-92.
22:250.39 are hereby suspended and recoupment is                            HISTORICAL NOTE: Promulgated by the Department of
prohibited.                                                              Insurance, Office of the Commissioner, LR 34:
   AUTHORITY NOTE: Promulgated in accordance with                        §4515. Assuring Portability—Suspension
Executive Order BJ 2008-92.
                                                                            A. All health insurance issuers and HMOs shall maintain
   HISTORICAL NOTE: Promulgated by the Department of
Insurance, Office of the Commissioner, LR 34:                            compliance with R.S. 22:250.1, et seq., titled Assuring
§4509. Emergency Health Care Services                                    Portability, Availability and Renewability of Health
   A. Section 4509 reiterates that R.S. 22:657 requires all              Insurance Coverage, except for the time periods enumerated
health insurance issuers, HMOs, PPOs, MCOs TPAs, and                     in the §4515 shall be suspended during the pendency of
any other health insurance entities doing business in                    Emergency Rule 25. All such notices required in §4515.A-D
Louisiana or regulated by the commissioner including, but                must be reissued de novo on October 1, 2008.
not limited to group and individual health and accident                       1. The HIPAA portability provisions generally provide
insurance, limited benefit insurance, Medicare supplement                that a group health plan or group health insurance issuer may
insurance, Medicare select insurance, excess loss insurance,             disregard a period of creditable coverage if there is a
stop loss insurance, disability insurance, short-term care               subsequent 63-day break in coverage.
insurance, long-term care insurance and any and all other                     2. Also, a newborn, adopted child, or child placed for
health insurance regulated by the Louisiana Insurance Code,              adoption may not be subject to a preexisting condition
to provide coverage and pay in full any and all billed charges           exclusion period if covered under creditable coverage within
submitted by health care providers for emergency health care             30 days of birth, adoption, or placement for adoption.
services provided to an enrollee or insured rendered by an in                 3. The HIPAA special enrollment provisions generally
network or out of network facility based physician or an in              provide that employees must request enrollment within 30
network or out of network base health care facility as                   days of a special enrollment trigger (including loss of
defined pursuant to R.S. 22:250.42(2), (13), (16) and (17).              eligibility of coverage for loss of employer contributions) to
This does not preclude a health insurance issuer, HMO,                   be eligible for special enrollment.
PPO, MCO, or TPA from paying a contracted health care                         4. The HIPAA certification rules prescribe time
provider the contracted reimbursement rate.                              periods for the provision of certificates of creditable
   AUTHORITY NOTE: Promulgated in accordance with                        coverage upon loss of coverage. Under the regulations, plans
Executive Order BJ 2008-92.                                              and issuers subject to COBRA continuation coverage
   HISTORICAL NOTE: Promulgated by the Department of                     provisions are required to provide an automatic certificate no
Insurance, Office of the Commissioner, LR 34:                            later than the time for providing a COBRA election notice.
§4511. Compliance with Health Care Consumer Billing                      Plans and issuers not subject to COBRA are required to
         and Protection Act                                              provide the automatic certificate within a reasonable time
   A. All health care professionals and health care providers            after coverage ceases.
rendering services to an insured from the parishes                          AUTHORITY NOTE: Promulgated in accordance with
enumerated in §4501.A shall comply with the Health Care                  Executive Order BJ 2008-92.
Consumer Billing and Protection Act pursuant to R.S.                        HISTORICAL NOTE: Promulgated by the Department of
                                                                         Insurance, Office of the Commissioner, LR 34:
22:250.41, et seq. Accordingly, health care providers and/or
health care professionals who file a claim and/or accept                 §4517. Suspension of Cancellation, Nonrenewal, and
payment for health care services shall have legally released                      Nonreinstatment Provisions
the insureds from any further financial obligation for the                  A. All cancellation, termination, nonrenewal and
health care services rendered. Health care providers and/or              nonreinstatment provisions, including, but not limited to,
health care professionals shall be deemed to have released,              R.S. 22:250.7, 22:250.13, 22:215.9, 22:213.3 and 22:2027
discharged and waived any and all rights to take any legal               are hereby suspended. Additionally, all provisions of
action or redress, either in person or via transfer, assignment          Emergency Rule 24 relating to notice of cancellation,
or subrogation, to collect any unpaid amounts from insureds              termination, nonrenewal and nonreinstatement are
and/or health insurance issuers, HMOs, PPOs, MCOs, TPAs                  incorporated herein by reference as if set forth herein in
or any or all other health insurance entities doing business in          extenso.
                                                                            AUTHORITY NOTE: Promulgated in accordance with
Louisiana or regulated by the commissioner. Any violation
                                                                         Executive Order BJ 2008-92.
by health care providers and/or health care professionals of                HISTORICAL NOTE: Promulgated by the Department of
this provision may be deemed an unfair trade practice under              Insurance, Office of the Commissioner, LR 34:
R.S. 22:250.41 et seq. and may be referred to the Louisiana              §4519. Denying, Pending or Rejecting a Claim
Attorney General. The Louisiana Attorney General may                       A. The commissioner hereby suspends the right of
pursue remedies as provided for in R.S. 51:1401 et seq.                  denying, pending or rejecting a claim from any pharmacists
Louisiana Register Vol. 34, No. 09 September 20, 2008             1876
or pharmacy for a 30 day supply of prescription medications,               state assistance, or any and all other related or similar
regardless of the date of the last refill. In furtherance of this          payment methods.
suspension, health insurance issuers, HMOs, PPOs, MCOs,                       AUTHORITY NOTE: Promulgated in accordance with
TPAs or any or all other health insurance entities doing                   Executive Order BJ 2008-92.
business in Louisiana or regulated by the commissioner shall                  HISTORICAL NOTE: Promulgated by the Department of
pay all such claims for reimbursement submitted by a                       Insurance, Office of the Commissioner, LR 34:
pharmacist or pharmacy.                                                    §4527. Suspension of Cancellations
     1. The commissioner hereby suspends any and all                         A. The commissioner hereby suspends any and all
precertification or step-therapy procedures in order to fill a             cancellations occasioned by the inability of an insured, or his
prescription. This authorization shall be for a thirty (30) day            representative, from complying with any policy provisions.
supply.                                                                    In furtherance of this suspension, a cancellation or
     2. The commissioner hereby suspends any provisions                    nonrenewal shall not occur prior to October 1, 2008, unless
in the Louisiana Insurance Code which place restrictions on                upon the documented written request or written concurrence
replacement prescriptions pertaining to mail order                         of the insured.
                                                                              AUTHORITY NOTE: Promulgated in accordance with
prescriptions. Mail order prescriptions should be mailed to
                                                                           Executive Order BJ 2008-92.
an alternate address if requested by the insured.                             HISTORICAL NOTE: Promulgated by the Department of
     3. All health insurance issuers, HMOs, PPOs, MCOs,                    Insurance, Office of the Commissioner, LR 34:
TPAs or any or all other health insurance entities doing                   §4529. Insured's Obligation to Provide Information and
business in Louisiana or regulated by the commissioner shall                         Cooperation
waive any and all restrictions relative to out-of-network                     A. Emergency Rule 25 shall not relieve an insured who
access to pharmacy services or prescriptions.                              has a claim caused by Hurricane Gustav, or its aftermath,
   AUTHORITY NOTE: Promulgated in accordance with
                                                                           from compliance with the insured’s obligation to provide
Executive Order BJ 2008-92.
   HISTORICAL NOTE: Promulgated by the Department of
                                                                           information and cooperate in the claim adjustment process
Insurance, Office of the Commissioner, LR 34:                              relative to such claim.
                                                                              AUTHORITY NOTE: Promulgated in accordance with
§4521. Cancellation or Termination of Policy for Non-
                                                                           Executive Order BJ 2008-92.
          Payment                                                             HISTORICAL NOTE: Promulgated by the Department of
  A. Health insurance issuers, HMOs, PPOs, MCOs, TPAs                      Insurance, Office of the Commissioner, LR 34:
or any or all other health insurance entities doing business in            §4531. Suspension of Interest, Penalty, or Other
Louisiana or regulated by the commissioner may pend a                               Charges
claim(s), as required pursuant Emergency Rule 25, and may                    A. The commissioner hereby suspends the imposition of
subsequently cancel or terminate a policy only for non-                    any additional interest, penalty or other charge and declares
payment of premium in accordance with the procedure set                    that no interest, penalty or other charge shall accrue or be
forth in Emergency Rule 24 and Emergency Rule 25.                          assessed against any insured as the result of the suspensions
   AUTHORITY NOTE: Promulgated in accordance with
                                                                           ordered herein.
Executive Order BJ 2008-92.
                                                                              AUTHORITY NOTE: Promulgated in accordance with
   HISTORICAL NOTE: Promulgated by the Department of
                                                                           Executive Order BJ 2008-92.
Insurance, Office of the Commissioner, LR 34:
                                                                              HISTORICAL NOTE: Promulgated by the Department of
§4523. Discount Billing                                                    Insurance, Office of the Commissioner, LR 34:
  A. Those        amounts       representing     coinsurance,              §4533. Option for Continuation of Coverage
copayments, deductibles, noncovered health care services or                   A. The commissioner hereby suspends R.S. 22:215.13.
other amounts identified by the health insurance issuer,                   In furtherance thereof, a health insurance issuer, HMO, PPO,
HMO, PPO, MCO, TPA or any or all other health insurance                    MCO, or any or all other health insurance entity doing
entity doing business in Louisiana or regulated by the                     business in Louisiana or regulated by the commissioner who
commissioner on an explanation of benefits as the amount                   has issued a group health insurance policy shall provide to
for which the insured is liable shall not be considered                    all members or certificate holders under said group policy
discount billing or dual billing pursuant R.S. 22:250.41 et                the option for the continuation of coverage, which said
seq., and remains the obligation of the insured.                           option shall begin on October 1, 2008, or any renewal
   AUTHORITY NOTE: Promulgated in accordance with
                                                                           thereof. §4533 is only applicable in those situations where
Executive Order BJ 2008-92.
   HISTORICAL NOTE: Promulgated by the Department of
                                                                           the employer to whom the group policy had been issued
Insurance, Office of the Commissioner, LR 34:                              remains in business and continues to offer said group health
§4525. Payment of Medicare Supplement Premiums—                            insurance to active employees at any time between August
         R.S. 22:224(K)                                                    30, 2008 and October 1, 2008.
                                                                              AUTHORITY NOTE: Promulgated in accordance with
  A. The commissioner hereby suspends the requirements
                                                                           Executive Order BJ 2008-92.
that the payment of Medicare supplement premiums can                          HISTORICAL NOTE: Promulgated by the Department of
only be made pursuant to R.S. 22:224(K).                                   Insurance, Office of the Commissioner, LR 34:
  B. In furtherance of this suspension, any policies that                  §4535. Exemption from Compliance
contain restrictive language relative to modes of premium                    A. Notwithstanding any other provision contained
payment shall allow for the acceptance of other payment                    herein, the commissioner may exempt any insurer from
methods until October 1, 2008 including, but not limited to,               compliance with Emergency Rule 25 upon the insurer filing
credit card, debit card, FEMA voucher, federal assistance,                 with the commissioner a written "Petition for Exemption

                                                                    1877             Louisiana Register Vol. 34, No. 09 September 20, 2008
from Emergency Rule 25" which unequivocally                                HISTORICAL NOTE: Promulgated by the Department of
demonstrates that compliance with Emergency Rule 25 will                Insurance, Office of the Commissioner, LR 34:
result in said insurer being subject to undue hardship,                 §4547. Enforcement
impairment or insolvency.                                                  A. The commissioner retains the authority to enforce
   AUTHORITY NOTE: Promulgated in accordance with                       violations of Emergency Rule 25. Accordingly, any insurer,
Executive Order BJ 2008-92.                                             HMO, PPO, MCO, or other entity doing business in
   HISTORICAL NOTE: Promulgated by the Department of                    Louisiana and/or regulated by the commissioner who
Insurance, Office of the Commissioner, LR 34:                           violates any provision of Emergency Rule 25 shall be
§4537. Applicability                                                    subject to prosecution by the commissioner under any
  A. The provisions of Emergency Rule 24 and Emergency                  applicable provisions of the Louisiana Insurance Code,
Rule 25 shall not apply to any new policies of insurance for            including the provisions of the R.S. 22:250.41, et seq.,
the types of health insurance enumerated in Emergency Rule              22:1211, et seq., and specifically including, but not limited
25 if said new health insurance policy was issued on or after           to, R.S. 22:1214(7), (12) and (14). Additionally, the penalty
12:01 a.m. August 30, 2008.                                             provisions set forth in R.S. 22:1217 shall be applicable.
   AUTHORITY NOTE: Promulgated in accordance with                       These provisions include penalties of $1,000 for each
Executive Order BJ 2008-92.                                             separate act, or $25,000 for each separate act if the violator
   HISTORICAL NOTE: Promulgated by the Department of
Insurance, Office of the Commissioner, LR 34:
                                                                        knew or reasonably should have known he was in violation
                                                                        of Emergency Rule 25, as well as a cease and desist order
§4539. Cancellation for Fraud or Material
                                                                        and the imposition of other penalties and suspension or
         Misrepresentation
                                                                        revocation of the license. Additionally, R.S. 22:1220, which,
  A. The provisions of Emergency Rule 25 shall not
                                                                        among other things, imposes the obligation of good faith and
prevent health insurance issuers, HMOs, PPOs, MCOs,
                                                                        fair dealing shall also be subject to the sole enforcement
TPAs or any or all other health insurance entities doing
                                                                        authority of the commissioner. This law sets forth penalties
business in Louisiana or regulated by the commissioner from
                                                                        and exemplary damages which shall be enforceable by the
cancelling or terminating an insured based solely on fraud or
                                                                        commissioner for any violation of Emergency Rule 25.
material misrepresentation on the part of the insured.
   AUTHORITY NOTE: Promulgated in accordance with
                                                                        Finally, the commissioner may impose any other applicable
Executive Order BJ 2008-92.                                             civil and criminal sanctions for violations of Emergency
   HISTORICAL NOTE: Promulgated by the Department of                    Rule 24.
Insurance, Office of the Commissioner, LR 34:                              AUTHORITY NOTE: Promulgated in accordance with
§4541. Intent and Purpose                                               Executive Order BJ 2008-92.
                                                                           HISTORICAL NOTE: Promulgated by the Department of
   A. The provisions of Emergency Rule 25 shall be
                                                                        Insurance, Office of the Commissioner, LR 34:
liberally construed to effectuate the intent and purpose
                                                                        §4549. Authority
expressed herein and to afford maximum consumer
                                                                          A. The commissioner reserves the right to amend,
protection for the insureds of Louisiana.
   AUTHORITY NOTE: Promulgated in accordance with
                                                                        modify, alter or rescind all or any portion of Emergency
Executive Order BJ 2008-92.                                             Rule 25. Additionally, the commissioner reserves the right to
   HISTORICAL NOTE: Promulgated by the Department of                    extend Emergency Rule 25.
Insurance, Office of the Commissioner, LR 34:                              AUTHORITY NOTE: Promulgated in accordance with
§4543. Notification                                                     Executive Order BJ 2008-92.
                                                                           HISTORICAL NOTE: Promulgated by the Department of
  A. If the applicable premium for the policy of health
                                                                        Insurance, Office of the Commissioner, LR 34:
insurance is paid at any time prior to the termination of
                                                                        §4551. Severability Clause
Emergency Rule 25 or applicable grace period, whichever
                                                                           A. If any section or provision of Emergency Rule that is
occurs later, the HMO, PPO, MCO, TPA or any or all other
                                                                        held invalid, such invalidity or determination shall not affect
health insurance entity shall send to any and all health care
                                                                        other sections or provisions, or the application of Emergency
providers and/or health care professionals who have filed a
                                                                        Rule 25, to any persons or circumstances that can be given
claim with respect to insureds a notice in the form of an
                                                                        effect without the invalid sections or provisions and the
Explanation of Benefits, Explanation of Payments,
                                                                        application to any person or circumstance shall be severable.
Remittance Advice, or similar communication.
                                                                           AUTHORITY NOTE: Promulgated in accordance with
   AUTHORITY NOTE: Promulgated in accordance with
                                                                        Executive Order BJ 2008-92.
Executive Order BJ 2008-92.
                                                                           HISTORICAL NOTE: Promulgated by the Department of
   HISTORICAL NOTE: Promulgated by the Department of
                                                                        Insurance, Office of the Commissioner, LR 34:
Insurance, Office of the Commissioner, LR 34:
                                                                        §4553. Effective Date
§4545. Applying Provisions outside of Affected Parishes
                                                                           A. Emergency Rule 25 shall become effective at 12:01
  A. Nothing in Emergency Rule 25 shall preclude health
                                                                        a.m. on August 30, 2008 and shall continue in full force and
insurance issuers, HMOs, PPOs, MCOs, TPAs or any or all
                                                                        effect until October 1, 2008.
other health insurance entities doing business in Louisiana or
                                                                           AUTHORITY NOTE: Promulgated in accordance with
regulated by the commissioner from voluntarily applying the             Executive Order BJ 2008-92.
provisions of Emergency Rule 25 relating to cancellation,                  HISTORICAL NOTE: Promulgated by the Department of
nonrenewal and nonreinstatement to any other person who is              Insurance, Office of the Commissioner, LR 34:
an insured and who resides in any parish other than the
parishes set forth in §4501.A.                                                                     James J. Donelon
  AUTHORITY NOTE: Promulgated           in   accordance   with                                     Commissioner
Executive Order BJ 2008-92.                                             0809#119

Louisiana Register Vol. 34, No. 09 September 20, 2008            1878
          DECLARATION OF EMERGENCY                                       environments, with adults leading activities according to a
                                                                         research-based model aimed at reducing teen pregnancy.
               Department of Social Services
                                                                         These programs will consist of curriculums which include,
                 Office of Family Support
                                                                         but are not limited to, topics designed to educate males 18
                                                                         years and older on the problem of statutory rape.
 TANF―Domestic Violence Services and Teen Pregnancy
                                                                           B. - D. ...
    Prevention Program (LAC 67:III.5509 and 5575)                          AUTHORITY NOTE: Promulgated in accordance with 42
                                                                         U.S.C. 601 et seq.; R.S. 46:231 and R.S. 36:474; Act 14, 2003 Reg.
   The Department of Social Services, Office of Family                   Session, Act 18, 2007 Reg. Session.
Support, has exercised the emergency provision of R.S.                     HISTORICAL NOTE: Promulgated by the Department of Social
49:953(B), the Administrative Procedure Act, to amend LAC                Services, Office of Family Support, LR 30:502 (March 2004),
67:III.5509 Domestic Violence Services and 5575 Teen                     amended LR 34:697 (April 2008), LR 34:
Pregnancy Prevention Program. This amendment is
necessary in order to expand Temporary Assistance for                                                 Ann S. Williamson
Needy Families (TANF) services by adding programs that                                                Secretary
                                                                         0809#029
address educating and providing training to males age 18
years and older, law enforcement officials, educators, and
                                                                                    DECLARATION OF EMERGENCY
relevant counseling services concerning statutory rape, a
requirement that must be met to remain in compliance with                           Department of Wildlife and Fisheries
the regulations set forth in Title IV of the Social Security                         Wildlife and Fisheries Commission
Act, Section 402.
   This Emergency Rule, effective October 1, 2008, will                              2008-2009 Waterfowl Hunting Season
remain in effect for a period of 120 days. This declaration is
necessary to extend the original Emergency Rule effective                   In accordance with the emergency provisions of R.S.
June 4, 2008, since it is effective for a maximum of 120 days            49:953(B) of the Administrative Procedure Act, and under
and will expire on October 1, 2008 before the final Rule                 the authority of R.S. 56:115, the Secretary of the Department
takes effect. (The final Rule will be published in the                   of Wildlife and Fisheries and the Wildlife and Fisheries
November 2008 Louisiana Register.) The authorization for                 Commission hereby adopts the following Emergency Rule.
emergency action in this matter is contained in Act 18 of the               The hunting season for ducks, coots and geese during the
2007 Regular Session of the Louisiana Legislature.                       2008-2009 hunting season shall be as follows.
                             Title 67                                    Ducks and Coots: 60 days
                    SOCIAL SERVICES                                             West Zone:           November 8 – November 30
             Part III. Office of Family Support                                                      December 13 - January 18
  Subpart 15. Temporary Assistance for Needy Families                           East Zone:           November 15 – November 30
                     (TANF) Initiatives                                                              December 13 - January 25
Chapter 55. TANF Initiatives                                                Youth Waterfowl Weekend - November 1-2 in West Zone,
§5509. Domestic Violence Services                                        November 8-9 in East Zone.
   A. The Office of Family Support shall enter into                         Daily Bag Limits: Canvasback Season Closed
Memoranda of Understanding or contracts to provide                       Statewide. The daily bag limit on ducks is 6 and may
services for victims of domestic violence and their children,            include no more than 4 mallards (no more than 2 of which
including rural outreach and community collaboration                     may be females), 1 pintail, 3 mottled ducks, 1 black duck,
training for the purpose of educating attendees about                    3 wood ducks, and 2 redheads. The daily bag limit for scaup
domestic violence and the available services provided by the             is 1 per day until December 30 in the West Zone and until
Department of Social Services including but not limited to               January 6 in the East Zone. The daily bag limit is 2 per day
TANF, Food Stamps, Child Care, and Employment Training.                  on those dates in both zones and thereafter. Daily bag limit
Additionally, these services will include education and                  on coots is 15.
training addressing the problem of statutory rape. These                    Mergansers - The daily bag limit for mergansers is 5, only
programs are designed to not only reach the public, but also             2 of which may be a hooded merganser. Merganser limits are
law enforcement officials, educators, and relevant                       in addition to the daily bag limit for ducks.
counseling services.                                                        Possession Limit - The possession limit on ducks, coots
   B. - E. ...                                                           and mergansers is twice the daily bag limit.
  AUTHORITY NOTE: Promulgated in accordance with 42                      Geese: 72 Days
U.S.C. 601 et seq.; R.S. 46:231 and R.S. 36:474; HB 1 2006 Reg.          Light Geese (Snow, Blue and Ross's) and
Session, Act 18, 2007 Reg. Session.
  HISTORICAL NOTE: Promulgated by the Department of
                                                                                   White-Fronted Geese
Social Services, Office of Family Support, LR 32:2099 (November                 West Zone:           November 8 – November 30
2006), amended LR 33:2205 (October 2007), LR 34:693 (April                                           December 13 - January 30
2008), LR 34:                                                                   East Zone:           November 3 - November 30
§5575. Teen Pregnancy Prevention Program                                                             December 13 - January 25
  A. Effective July 1, 2003, The Office of Family Support                       Daily bag limit on light geese
shall enter into Memoranda of Understanding or contracts to                                 (snow, blue and Ross's): 20
prevent or reduce out-of-wedlock and teen pregnancies by                        Possession limit on light geese
enrolling individuals 8 through 20 in supervised, safe                                      (snow, blue and Ross's): None

                                                                  1879              Louisiana Register Vol. 34, No. 09 September 20, 2008
       Daily Limit on white-fronted geese:               2                    A Declaration of Emergency is necessary because the U.S.
       Possession Limit on white-fronted geese:          4                 Fish and Wildlife Service establishes the framework for all
Canada Geese: Closed in the area described below                           migratory species. In order for Louisiana to provide hunting
       January 10 - January 25                                             opportunities to the 200,000 sportsmen, selection of season
       Daily Limit on Canada geese:                      1                 dates, bag limits and shooting hours must be established and
       Possession limit on Canada geese:                 2                 presented to the U.S. Fish and Wildlife Service immediately.
   The Canada Goose Season will be open statewide except                      The aforementioned season dates, bag limits and shooting
for a portion of southwest Louisiana. The closed area is                   hours will become effective November 1, 2008 and extend
described as follows: Beginning at the Texas State Line,                   through one-half hour after sunset on March 8, 2009.
proceeding east along Hwy. 82 to the Calcasieu Ship
Channel, then north along the Calcasieu Ship Channel to its                                           Robert J. Barham
junction with the Intracoastal Canal, then east along the                                             Secretary
Intracoastal Canal to its juncture with LA Hwy. 82, then                   0809#081
south along LA Hwy. 82 to its juncture with Parish Road
3147, then south and east along Parish Road 3147 to                                   DECLARATION OF EMERGENCY
Freshwater Bayou Canal, then south to the Gulf of Mexico,                             Department of Wildlife and Fisheries
then west along the shoreline of the Gulf of Mexico to the                             Wildlife and Fisheries Commission
Texas State Line, then north to the point of beginning at LA
Hwy. 82. Open waters of Lake Arthur and the Mermentau                            Commercial Oyster Seed Ground Vessel Permit
River from the Highway 14 bridge southward will also be                                      (LAC 76:VII.525)
closed to Canada goose hunting.
   A special permit shall be required to participate in the                   On behalf of the Wildlife and Fisheries Commission, the
Canada Goose Season. A permit is required of everyone,                     Secretary does hereby promulgate a declaration of
regardless of age, and a non-refundable $5 administrative fee              emergency relative to amending the Oyster Seed Ground
will be charged. This permit may be obtained from any                      Vessel Permit Notice of Intent (published in the Louisiana
license vendor.                                                            Register August 20, 2008) to clarify that the intent for the
Conservation Order for Light Geese                                         permit requirement is for commercial purposes only.
          (Snow, Blue and Ross's)                                          Authority to establish such rules and regulations is vested in
       West Zone:            December 1 - December 12                      the Wildlife and Fisheries Commission by R.S. 36:610(L),
                             January 31 - March 8                          R.S. 56:6, R.S. 56:433.1, and the secretary by R.S.
       East Zone:            December 1 - December 12                      56:2(D)(2) (which allows the secretary to take action
                             January 26 - March 8                          through a Declaration of Emergency on any items scheduled
   Only snow, blue and Ross's geese may be taken under the                 on the agenda for a cancelled Wildlife and Fisheries
terms of the Conservation Order, which allows the use of                   Commission Meeting if the governor declares a state of
electronic calls and unplugged shotguns and eliminates the                 emergency pursuant to R.S. 29:721 et seq., and the chairman
daily bag and possession limits. During the Conservation                   cancels the monthly meeting). The proposed rules contained
Order, shooting hours begins one-half hour before sunrise                  in the Oyster Seed Ground Vessel Permit Notice of Intent are
and extends until one-half hour after sunset.                              required by Act 922 of the 2008 Session which becomes
Rails: November 8 - December 31                                            effective for license year 2009 (January 1, 2009) and in
       King and Clapper: Daily bag limit 15 in the                         order to have these rules in effect by January 1, 2009, the
aggregate, possession 30.                                                  Secretary of the Department of Wildlife and Fisheries hereby
       Sora and Virginia: Daily bag and possession 25 in the               declares:
aggregate.                                                                                           Title 76
Gallinules: November 8 - December 31                                                      WILDLIFE AND FISHERIES
       Daily bag limit 15, Possession limit 30                                       Part VII. Fish and Other Aquatic Life
Snipe: November 1 - November 30                                            Chapter 5.       Oyster
       December 13 - February 27                                           §525. Commercial Oyster Seed Ground Vessel Permit
       Daily bag limit 8, Possession limit 16                                 A. Policy. For license year beginning 2009 any oysters
   Shooting Hours: One-half hour before sunrise to sunset,                 taken for commercial purposes from the public natural reefs
except at the Spanish Lake Recreation Area in Iberia Parish                or the oyster seed grounds or reservations, except those in
where shooting hours, including the Conservation Order, end                Calcasieu Lake or Sabine Lake, shall be placed only on a
at 2 p.m.                                                                  vessel which has an oyster seed ground permit issued
Extended Falconry Seasons for Ducks, Rails                                 exclusively by the department. The permit does not grant
          and Gallinules:                                                  any rights to the oyster resource or any rights to harvest
       Statewide: November 1 - January 30                                  oysters from the waters of the state and shall not be sold,
   Sixteen days of the total season lengths for rails, gallinules          exchanged, or otherwise transferred. No new applications for
and extended falconry seasons were used during the                         vessel permits shall be accepted after December 31, 2009.
September teal season.                                                     The permit shall be valid for up to one calendar year




Louisiana Register Vol. 34, No. 09 September 20, 2008               1880
beginning on January 1 and ending on December 31 of the                    resources from injury is in the best interest of the public
same year, but may be made available for purchase                          oyster seed ground.
beginning on November 15 for the immediately following
license year. The cost per permit shall be $15 for residents                                            Robert J. Barham
and $60 for non-residents.                                                                              Secretary
   B. ...                                                                  0809#018
   C. Proof of Participation: In addition to the requirement
in Subsection B herein, applicants must meet either
Paragraph 1, 2 or 3 below to be issued a permit.                                        DECLARATION OF EMERGENCY
     1. Applicant owned a vessel that was properly                                      Department of Wildlife and Fisheries
licensed and registered in applicant’s name during a time in                             Wildlife and Fisheries Commission
which department trip ticket records demonstrate that the
vessel had commercial oyster landings in the state of                                 Sharks and Sawfishes―Harvest Regulations
Louisiana between January 1, 2004 and May 31, 2007;                                               (LAC 76:VII.357)
   C.2. - F.3. ...
   G. Enforcement. The taking of oysters for commercial
                                                                              The shark fisheries in the Gulf of Mexico are
purposes from public natural reefs or oyster seed grounds or
                                                                           cooperatively managed by the Louisiana Department of
reservations without an oyster seed ground permit is a class
                                                                           Wildlife and Fisheries (LDWF), the Wildlife and Fisheries
2 violation and upon conviction will require use of a vessel
                                                                           Commission (LWFC) and the National Marine Fisheries
monitoring system for that vessel.
                                                                           Service (NMFS). Regulations promulgated by NMFS are
  AUTHORITY NOTE: Promulgated in accordance with R.S.
36:610(L), R.S. 56:6 and R.S. 56:433.1.                                    applicable in waters of the Exclusive Economic Zone (EEZ)
  HISTORICAL NOTE: Promulgated by the Department of                        of the U.S., which in Louisiana is generally 3 miles offshore.
Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 34:             Rules have been promulgated by NMFS, effective on July
                                                                           24, 2008, to modify existing rules for harvest of species in
                            Robert J. Barham                               the Large Coastal Shark group in the Gulf of Mexico (NMFS
                            Secretary                                      Shark FMP Amendment 2). NMFS typically requests
0809#082                                                                   consistent regulations in order to enhance the effectiveness
                                                                           and enforceability of regulations for EEZ waters.
           DECLARATION OF EMERGENCY                                           In order to enact regulations in a timely manner so as to
                                                                           have compatible regulations in place in Louisiana water to
           Department of Wildlife and Fisheries
                                                                           coincide with the regulation set forth by NMFS, it is
            Wildlife and Fisheries Commission
                                                                           necessary that emergency rules be enacted.
                                                                              In accordance with the emergency provisions of R.S.
           Lake Merchant Oyster Season Closure
                                                                           49:953(B), the Administrative Procedure Act, R.S. 49:967
                                                                           which allows the Department of Wildlife and Fisheries and
  In accordance with the emergency provisions of the                       the Wildlife and Fisheries Commission to use emergency
Administrative Procedure Act, R.S. 49:953(B) and R.S.                      procedures to set finfish seasons and size limits and all rules
49:967(D), and under the authority of R.S. 56:433(B)1                      and regulations pursuant thereto, and R.S. 56:326.3 which
which provides that the Wildlife and Fisheries Commission                  provides that the Wildlife and Fisheries Commission may set
may designate what parts or portions of the natural reefs                  possession limits, seasons, and daily take limits based upon
may be fished for oysters and it may suspend the fishing of                biological and technical data for saltwater finfish taken or
oysters altogether from natural reefs not leased by it when                possessed in Louisiana waters, and R.S. 56:2(D)(2) (which
such reefs are threatened as determined by the department,                 allows the Secretary to take action through a Declaration of
and a resolution adopted by the Wildlife and Fisheries                     Emergency on any items scheduled on the agenda for a
Commission on August 7, 2008 which authorized the                          cancelled Wildlife and Fisheries Commission Meeting if the
Secretary of the Department of Wildlife and Fisheries to take              governor declares a state of emergency pursuant to R.S.
emergency action if necessary to close areas if oyster                     29:721 et seq., and the chairman cancels the monthly
mortalities are occurring or if oyster resources and/or reefs              meeting), the Secretary of the Department of Wildlife and
are being adversely impacted, the secretary hereby declares                Fisheries hereby declares:
that the 2008/2009 oyster season in the Lake Mechant Public                   The commercial fishery for Large Coastal Shark in
Oyster Seed Ground, originally scheduled for October 28-                   Louisiana state waters opened at 12:01 a.m. August 11,
31, 2008, shall remain closed.                                             2008. The pertinent parts of these rules were also effective
  Biological sampling has recently documented average                      for the recreational fishery for Large Coastal Shark at 12:01
oyster mortality of nearly 60%, with some locations reaching               a.m. August 11, 2008. Those regulations, as published, did
as high as 100 percent. Commercial harvest may threaten the                not clearly specify that commercial trip limits were intended
long-term sustainability of the remaining oyster resource in               to be per vessel, per day. That clarification is described in
Lake Mechant and protection of these remaining oyster reef                 this Declaration of Emergency, and is effective at 12:01 a.m.




                                                                    1881               Louisiana Register Vol. 34, No. 09 September 20, 2008
September 11, 2008, and will supersede that published in the           Shark Permit and, if applicable, a Federal Commercial
August 20, 2008 Louisiana Register.                                    Directed or Incidental Limited Shark Permit or Federal
                            Title 76                                   Shark Research Permit issued by the National Marine
                WILDLIFE AND FISHERIES                                 Fisheries Service under the Federal Fishery Management
           Part VII. Fish and Other Aquatic Life                       Plan for Atlantic Sharks, shall not sell, barter, trade,
Chapter 3.        Saltwater Sport and Commercial Fishery               exchange or attempt to sell, barter, trade or exchange any
§357. Sharks and Sawfishes―Harvest Regulations                         sharks, or possess any sharks in excess of a recreational
   A. The following rules and regulations are established              possession limit. Sharks taken incidental to menhaden
for the taking and possession of sharks (including sawfishes)          fishing, that are retained on the vessel as part of the harvest,
(Class Elasmobranchiomorphi: Orders Hexanchiformes,                    may be retained and sold only as a mixed part of the total
Lamniformes, Squaliformes, and Rajiformes) from within or              harvest, and shall not be retained, held, or sold, purchased,
without Louisiana waters. The provisions of this Section               bartered, traded, or exchanged separately. Sharks retained as
shall not apply to shrimp or menhaden harvest, and nothing             a result of menhaden fishing shall not exceed legal bycatch
contained herein is intended or shall be construed to repeal,          allowances for menhaden fishing as provided for in R.S.
amend, or otherwise modify the provisions of law applicable            56:324.
to shrimp or menhaden fishing, except for provisions:                        2. Legally licensed Louisiana wholesale/retail seafood
     1. outlawing finning of shark;                                    dealers, retail seafood dealers, restaurants, and retail grocers
     2. requiring a Commercial State Shark Permit for sale,            are not required to hold a Commercial State Shark Permit in
barter, trade, or exchange;                                            order to purchase, possess, exchange, barter and sell any
     3. limiting sale, barter, trade, or exchange of sharks            quantities of sharks, so long as they maintain records as
during closed seasons;                                                 required by R.S. 56:306.5 and R.S. 56:306.6.
     4. limiting shark retained by non-permit holders to be               F. Sharks taken under a recreational bag limit shall not
only as a mixed part of the total harvest, and only retained,          be sold, purchased, exchanged, traded, bartered, or
held, or sold, purchased, bartered, traded, or exchanged as            attempted to be sold, purchased, exchanged, traded, or
such; and                                                              bartered. A person subject to a bag limit shall not possess at
     5. outlawing transfer of sharks between vessels at sea.           any time, regardless of the number of trips or the duration of
   B. For management purposes, sharks are divided into the             a trip, any shark in excess of the recreational bag limits or
following categories:                                                  less than minimum size limits as follows.
     1. small coastal sharks―bonnethead shark, Atlantic                      1. All sharks taken under a recreational bag limit
sharpnose shark, blacknose shark, finetooth shark;                     within or without Louisiana waters must be at least
     2. large coastal sharks―great hammerhead, scalloped               54 inches fork length, except that the minimum size limit
hammerhead, smooth hammerhead, nurse shark, blacktip                   does not apply for Atlantic sharpnose or bonnethead sharks.
shark, bull shark, lemon shark, sandbar shark, silky shark,            No sandbar or silky shark may be retained under a
spinner shark, tiger shark;                                            recreational bag limit.
     3. pelagic sharks―porbeagle shark, shortfin mako,                       2. Owners/operators of vessels other than those taking
blue shark, oceanic whitetip shark, thresher shark;                    sharks in compliance with a state or federal commercial
     4. prohibited species―basking shark, white shark,                 permit are restricted to no more than one shark from either
bigeye sand tiger, sand tiger, whale shark, smalltooth                 the large coastal, small coastal or pelagic group per vessel
sawfish, largetooth sawfish, Atlantic angel shark, Caribbean           per trip within or without Louisiana waters, subject to the
sharpnose shark, smalltail shark, bignose shark, Caribbean             size limits described in LAC 76:VII.357.F.1, and, in
reef shark, dusky shark, Galapagos shark, narrowtooth shark,           addition, no person shall possess more than one Atlantic
night shark, bigeye sixgill shark, bigeye thresher shark,              sharpnose shark and one bonnethead shark per person per
longfin mako, sevengill shark, sixgill shark.                          trip within or without Louisiana waters, regardless of the
   C. In addition to all other licenses and permits required           length of a trip. No sandbar or silky shark may be retained
by law, a valid original Commercial State Shark Permit shall           by persons fishing under these limits.
be annually required for persons commercially taking shark                   3. All owners/operators of vessels recreationally
from Louisiana waters and for persons selling, exchanging,             fishing for and/or retaining regulated Atlantic Highly
or bartering sharks as required by law; the valid original             Migratory Species (Atlantic tunas, sharks, swordfish and
permit shall be in immediate possession of the permittee               billfish) in or from the EEZ must obtain and possess a
while engaged in fishing for, possessing, selling, bartering,          Federal Atlantic Highly Migratory Species Angling permit.
trading, or exchanging shark.                                             G. Those persons possessing a Federal Commercial
   D. No person shall purchase, sell, exchange, barter or              Directed or Incidental Limited Access Shark Permit or
attempt to purchase, sell, exchange, or barter any sharks in           Federal Shark Research Permit issued by the National
excess of any possession limit for which a state or federal            Marine Fisheries Service under the Federal Fishery
commercial permit was issued.                                          Management Plan for Atlantic Sharks are limited to daily
   E.1. All persons who do not possess a Commercial State              take, trip and possession limits as specified in that federal
Shark Permit issued by the Department of Wildlife and                  permit. Regardless of where fishing, a person aboard a
Fisheries, and, if applicable, a Federal Commercial Directed           vessel for which a Federal Shark Permit has been issued
or Incidental Limited Shark Permit or Federal Shark                    shall not retain, possess, barter, trade, or exchange shark of
Research Permit issued by the National Marine Fisheries                any species group for which the commercial quota has been
Service, are limited to a recreational possession limit. All           reached and the season closed in federal waters.
persons who do not possess a Louisiana Commercial State

Louisiana Register Vol. 34, No. 09 September 20, 2008           1882
   H.1. A vessel that has been issued or possesses a Federal                   5. All sharks possessed aboard a commercial fishing
Commercial Directed or Incidental Limited Access Shark                    vessel shall have fins including the tail intact and naturally
Permit or Federal Shark Research Permit issued by the                     attached to the shark carcass by at least some portion of
National Marine Fisheries Service under the Federal Fishery               uncut skin.
Management Plan for Atlantic Sharks shall not possess on                       6. It is illegal to replace sharks that are onboard a
any trip, or land from any trip, or sell, barter, trade, or               fishing vessel for retention with sharks of higher quality or
exchange large coastal species in excess of the designated                size that are caught later in a particular trip.
trip limits, as established under the Atlantic Highly                        K. Prohibited Species
Migratory Species Plan and published in the Federal                            1. No person shall take, possess, purchase, sell, barter,
Register, regardless of where taken. Vessels that have been               exchange or attempt to possess, purchase, sell, barter, or
issued or that possess a Federal Commercial Directed or                   exchange any of the following species or parts thereof:
Incidental Limited Access Shark Permit or Federal Shark                           a. basking shark―Cetorhinus maximus;
Research Permit may only possess or sell, barter, trade, or                       b. white shark―Carcharodon carcharias;
exchange one limit per vessel per day, where that limit is                        c. bigeye sand tiger―Odontaspis noronhai;
identified for that permit by NMFS. No person shall                               d. sand tiger―Odontaspis taurus;
purchase, barter, trade, or exchange shark in excess of the                       e. whale shark―Rhincodon typus;
designated trip limits or from any person who does not                            f. smalltooth sawfish―Pristis pectinata;
possess a Commercial State Shark Permit or Federal                                g. largetooth sawfish―Pristis pristis;
Commercial Directed or Incidental Limited Access Permit or                        h. Atlantic angel shark―Squatina dumerili;
Federal Shark Research Permit, if applicable.                                     i. Caribbean sharpnose shark―Rhizoprionodon
     2. Persons possessing a Commercial State Shark                       porosus;
Permit but no Federal Shark permit shall not possess on any                       j. smalltail shark―Carcharhinus porosus;
one day, or on any trip, or land from any trip, or sell, barter,                  k. bignose shark―Carcharhinus altimus;
trade, or exchange in excess of 33 sharks per vessel from the                     l. Caribbean reef shark―Carcharhinus perezi;
large coastal species group, taken from Louisiana state                           m. dusky shark―Carcharhinus obscurus;
waters. Persons possessing a Commercial State Shark Permit                        n. Galapagos shark―Carcharhinus galapagensis;
shall not possess any sandbar sharks unless they also have in                     o. narrowtooth shark―Carcharhinus brachyurus;
their name and in possession a valid Federal Shark Research                       p. night shark―Carcharhinus signatus;
Permit under 50 CFR 635.32(1).                                                    q. bigeye sixgill shark―Hexanchus vitulus;
     3. Wholesale/retail seafood dealers who receive,                             r. bigeye thresher shark―Alopias superciliosus;
purchase, trade for, or barter for Atlantic sharks, taken from                    s. longfin mako shark―Isurus paucus;
the EEZ, from a fishing vessel must possess a valid Federal                       t. sevengill shark―Heptranchias perlo;
Dealer Permit.                                                                    u. sixgill shark―Hexanchus griseus.
   I. A person aboard a vessel for which a Federal                             2. Notwithstanding other provisions of this Part, a
Commercial Directed or Incidental Limited Access Shark                    person may fish for, but not retain, white sharks
Permit or Federal Shark Research Permit has been issued, or               (Carcharodon carcharias) with rod and reel only under a
persons aboard a vessel fishing for or possessing shark in the            Catch and Release Program, provided the person releases
EEZ shall comply with all applicable federal regulations.                 and returns such fish to the sea immediately with a minimum
   J. Fins                                                                of injury.
     1. The practice of "finning," that is, removing only the                  3. Notwithstanding other provisions of this Part,
fins and returning the remainder of the shark to the sea, is              smalltooth sawfish or largetooth sawfish may be possessed
prohibited within and without Louisiana waters.                           as authorized by a special scientific and educational
     2. All sharks possessed by a recreational fisherman                  collecting permit issued by the department under R.S.
shall be maintained with head and fins intact and shall not be            56:318, including whatever conditions that the department
skinned until set or put on shore.                                        may deem necessary to ensure the maintenance and
     3. Dealers purchasing sharks from state or federal                   protection of the species. Nothing herein shall prohibit the
waters must report the landings by species, and must specify              possession of smalltooth sawfish or largetooth sawfish, or
the total shark fin numbers, values and weights separately                parts thereof, that were possessed prior to the effective date
from the weights, values and numbers of the shark carcasses.              of this rule.
If a harvester retains the fins after offloading from the                    L. No person aboard any vessel shall transfer or cause
fishing vessel, the harvester must also be licensed as a                  the transfer of sharks between vessels on state or federal
wholesale/retail dealer, and must complete and file a trip                waters. Standard menhaden harvesting activities do not
ticket that includes the numbers and weights of fins retained             constitute transfer of sharks between vessels at sea.
immediately after being offloaded from the fishing vessel.                   M. Seasonal Closures
Later transactions of fins must have documentation referring                   1. All Louisiana state waters out to the seaward
to the original trip ticket number for those fins. Such                   boundary of the Louisiana Territorial Sea shall be closed to
numbers and weights must be recorded on dealer records in                 the recreational and commercial harvest of all sharks
compliance with R.S. 56:306.5 and R.S. 56:306.6.                          between April 1 and June 30 of each year. A holder of a
     4. Shark fins shall not be possessed aboard a fishing                Federal Commercial Directed or Incidental Limited Access
vessel unless naturally attached to the original shark carcass            Shark Permit or Federal Shark Research Permit may legally
by at least some portion of uncut skin.                                   harvest sharks from federal waters beyond the Louisiana


                                                                   1883             Louisiana Register Vol. 34, No. 09 September 20, 2008
Territorial Sea and bring those sharks into Louisiana waters              O. No person who, pursuant to state or federal law, is
for sale within the provisions of that Federal Shark Permit.            subject to the jurisdiction of this state shall violate any
Effective with this closure, no person shall commercially               federal law, rule or regulation particularly those rules and
harvest, purchase, barter, trade, sell or attempt to purchase,          regulations enacted pursuant to the Magnuson-Stevens
barter, trade or sell sharks from the closed area. Effective            Fishery Conservation Act and published in the Code of
with the closure, no person shall retain or possess any sharks          Federal Regulations as amended Title 50 and 15, for sharks
in the closed area. Sharks taken incidental to shrimp or                and sawfishes while fishing in the EEZ, or possess,
menhaden fishing in the closed area, that are retained on the           purchase, sell, barter, trade, or exchange sharks and
vessel as part of the harvest, may be retained only as a mixed          sawfishes within or without the territorial boundaries of
part of the total harvest, and shall not be retained, held,             Louisiana in violation of any state or federal law, rule or
purchased, bartered, traded, exchanged, sold or attempted to            regulation particularly those rules and regulations enacted
be purchased, bartered, traded, exchanged or sold.                      pursuant to the Magnuson-Stevens Fishery Conservation Act
     2. The Secretary of the Department of Wildlife and                 and published in the Code of Federal Regulations as
Fisheries is hereby authorized to close any recreational or             amended Title 50 and 15 law.
commercial fishery for sharks, within and without                         AUTHORITY NOTE: Promulgated in accordance with R.S.
Louisiana's territorial waters, when the secretary is notified          56:6(10), R.S. 56:326(E)(2), R.S. 56:326.1, R.S. 56:326.3, R.S.
by the National Marine Fisheries Service that the seasonal              56:320.2(C), and R.S. 325.2(A).
quota for that species group and fishery has been met. The                HISTORICAL NOTE: Promulgated by the Department of
                                                                        Wildlife and Fisheries, Wildlife and Fisheries Commission, LR
closure order shall close the fishery until the date projected          25:543 (March 1999), amended LR 27:2267 (December 2001), LR
for the reopening of that fishery in the adjacent federal               30:1507 (July 2004), LR 34:
waters. The secretary is also hereby authorized to modify
any such closure order to maintain consistency with re-                                            Robert J. Barham
opening dates in the adjacent federal waters, should the                                           Secretary
federal closure dates be modified.                                      0809#083
  N. The fishing year for shark shall begin on January 1,
1998 and every January 1 thereafter.




Louisiana Register Vol. 34, No. 09 September 20, 2008            1884
                                                           Rules
                            RULE                                         (November 2001), LR 28:45 (January 2002), LR 28:446 (March
                                                                         2002), LR 28:772 (April 2002), LR 28:2330, 2331 (November
        Student Financial Assistance Commission                          2002), LR 29:555 (April 2003), LR 29:879 (June 2003), LR
          Office of Student Financial Assistance                         30:1159 (June 2004), LR 30:2015 (September 2004), LR 31:36
                                                                         (January 2005), LR 31:3112 (December 2005), LR 33:86 (January
                Scholarship/Grant Programs                               2007), LR 33:439 (March 2007), LR 33:1339 (July 2007), LR
              (LAC 28:IV.301, 507, and 1301)                             33:2612 (December 2007), LR 34:234 (February 2008), LR
                                                                         34:1388 (July 2008), LR 34:1884 (September 2008).
   The Louisiana Student Financial Assistance Commission                 Chapter 5.        Applications, Federal Grant Aid and ACT
(LASFAC) has amended its Scholarship/Grant rules (R.S.                                     Test
17:3021-3025, R.S. 3041.10-3041.15, R.S. 17:3042.1, and                  §507. Final Deadline for Submitting Documentation of
R.S. 17:3048.1). (SG0895R)                                                          Eligibility
                            Title 28                                        A. - B.2. …
                         EDUCATION                                          C. Returning Students
      Part IV. Student Financial Assistance―Higher                            1 - 2. …
        Education Scholarship and Grant Programs                              3.a. Returning students, who enroll in an eligible
Chapter 3.        Definitions                                            college or university in academic year (college) 2005-2006
§301. Definitions                                                        or academic year (college) 2006-2007, must submit an
   A. Words and terms not otherwise defined in these rules               application to return from an out-of-state college no later
shall have the meanings ascribed to such words and terms in              than July 1 immediately following the academic year
this Section. Where the masculine is used in these rules, it             (college) the student enrolls as a full-time student in an
includes the feminine, and vice versa; where the singular is             eligible college or university and must submit any
used, it includes the plural, and vice versa.                            supporting documentation required by the application no
                               ***                                       later than April 15 following the July 1 deadline.
     Tuition―the fee charged each student by a post-                             b. Returning students, who enroll in an eligible
secondary institution to cover the student's share of the cost           college or university in the fall semester of 2007 or later,
of instruction, including all other mandatory enrollment fees            must submit an application to return from an out-of-state
charged to all students except for the technology fee                    college no later than July 1 immediately following the
authorized by Act 1450 of the 1997 Regular Session of the                academic year (college) the student enrolls as a full-time
Legislature:                                                             student in an eligible college or university and must submit
        a. which were in effect as of January 1, 1998;                   any supporting documentation required by the application no
        b. any changes in the cost of instruction authorized             later than January 15 following the July 1 deadline.
by the legislature and implemented by the institution after                      c. Examples
that date; and                                                                       i. A returning student who enrolled in an eligible
        c. for programs with alternative scheduling formats              college or university in the fall semester of 2005 must
that are approved in writing by the Board of Regents after               submit the application to return from an out-of-state college
that date. Any payment for enrollment in one of these                    no later than July 1, 2006, and any required supporting
programs shall count towards the student's maximum                       documentation such as college transcripts no later than April
eligibility for his award:                                               15, 2007.
           i. up to the equivalent of eight full time semesters                     ii. A returning student who enrolled in an eligible
of postsecondary education in full time semesters for the                college or university in the spring semester of 2007 must
TOPS Opportunity, Performance and Honors Award; or                       submit the application to return from an out-of-state college
          ii. up to the equivalent of two years of                       no later than July 1, 2007, and any required supporting
postsecondary education in full time semesters and summer                documentation such as college transcripts no later than April
sessions for the TOPS Tech Award.                                        15, 2008.
                               ***                                                iii. A returning student who enrolled in an eligible
  AUTHORITY NOTE: Promulgated in accordance with R.S.                    college or university in the fall semester of 2007 must
17:3021-3025, R.S. 17:3042.1 and R.S. 17:3048.1.                         submit the application to return from an out-of-state college
  HISTORICAL NOTE: Promulgated by the Student Financial                  no later than July 1, 2008, and any required supporting
Assistance Commission, Office of Student Financial Assistance,           documentation such as college transcripts no later than
LR 22:338 (May 1996), repromulgated LR 24:632 (April 1998),              January 15, 2009.
amended LR 24:1898 (October 1998), LR 24:2237 (December                            iv. A returning student who enrolled in an eligible
1998), LR 25:256 (February 1999), LR 25:654 (April 1999), LR             college or university in the spring semester of 2008 must
25:1458 and 1460 (August 1999), LR 25:1794 (October 1999), LR
                                                                         submit the application to return from an out-of-state college
26:65 (January 2000), LR 26:688 (April 2000), LR 26:1262 (June
2000), LR 26:1601 (August 2000), LR 26:1993, 1999 (September             no later than July 1, 2008, and any required supporting
2000), LR 26:2268 (October 2000), LR 26:2752 (December 2000),            documentation such as college transcripts no later than
LR 27:36 (January 2001), LR 27:284 (March 2001), LR 27:1219              January 15, 2009.
(August 2001), LR 27:1840 (November 2001), LR 27:1875

Louisiana Register Vol. 34, No. 09 September 20, 2008             1884
          v. A returning student who enrolls in an eligible                 Chapter 13.     Leveraging Educational Assistance
college or university in the fall semester of 2009 must                                     Partnership (LEAP)
submit the application to return from an out-of-state college               §1301. General Provisions
no later than July 1, 2010, and any required supporting                       A. - A.2. …
documentation such as college transcripts no later than                            a. R.S. 17: 3031
January 15, 2011.                                                             A.2.b -F. ...
     4.a. Beginning with the 2007-2008 academic year                           AUTHORITY NOTE: Promulgated in accordance with R.S.
(college), all documentation and certifications necessary to                17:3021-3036.
establish a returning student's initial eligibility including, but             HISTORICAL NOTE: Promulgated by the Student Financial
not limited to, high school and/or college transcripts and                  Assistance Commission, Office of Student Financial Assistance,
                                                                            LR 22:338 (May 1996), repromulgated LR 24:641 (April 1998),
certifications, copies of student aid reports, ACT and/or SAT
                                                                            amended LR 24:1910 (October 1998), LR 25:1458 (August 1999),
scores, residency affidavits, proof of citizenship or                       repromulgated LR 27:1860 (November 2001), amended LR
permanent residency status and other documents that may be                  28:2332 (November 2002), LR 32:2239 (December 2006), LR
utilized in determining eligibility, must be received by                    33:440 (March 2007), LR 34:240 (February 2008), LR 34:1885
LASFAC no later than January 15 immediately following the                   (September 2008).
deadline for receipt of the student's FAFSA or on-line                                                  George Badge Eldredge
application.                                                                                            General Counsel
        b. Examples                                                         0809#008
           i. If a returning student enrolls full time in an
eligible Louisiana college or university for the fall semester                                          RULE
of 2007, his deadline to file the FAFSA or on-line                                            Tuition Trust Authority
application is July 1, 2008. If his initial FAFSA or on-line                           Office of Student Finanical Assistance
application is received no later than July 1, 2008, and if all
the necessary supporting documentation relevant to                                           START Savings Program
establishing eligibility is in LASFAC's possession by                                      (LAC 28:VI.107, 307, and 315)
January 15, 2009, the student will receive his TOPS award
(reduced by the number of semesters/terms he enrolled out-
                                                                               The Louisiana Tuition Trust Authority has amended its
of-state) retroactively beginning the fall semester of 2007.
                                                                            START Savings Program rules (R.S. 17:3091 et seq.).
          ii. If a returning student enrolls full time in an
                                                                            (ST0894R)
eligible Louisiana college or university for the spring
                                                                                                        Title 28
semester of 2008, his deadline to file the FAFSA or on-line
                                                                                                    EDUCATION
application is July 1, 2008. If his initial FAFSA or on-line
                                                                                  Part VI. Student Financial Assistance―Higher
application is received no later than July 1, 2008, and if all
                                                                                                  Education Savings
the necessary supporting documentation relevant to
                                                                            Chapter 1.       General Provisions
establishing eligibility is in LASFAC's possession by
                                                                            Subchapter A. Tuition Trust Authority
January 15, 2009, the student will receive his TOPS award
                                                                            §107. Applicable Definitions
(reduced by the number of semesters/terms he enrolled
                                                                               A. Words and terms not otherwise defined in these rules
out-of-state) retroactively beginning the spring semester of
                                                                            shall have the meanings ascribed to such words and terms in
2008.
                                                                            this Section. Where the masculine is used in these rules, it
         iii. If a returning student enrolls full time in an
                                                                            includes the feminine, and vice versa; where the singular is
eligible Louisiana college or university for the spring
                                                                            used, it includes the plural, and vice versa.
semester of 2008, his deadline to file the FAFSA or on-line
                                                                                                          ***
application is July 1, 2008. If his initial FAFSA or on-line
                                                                                 Earnings Enhancement Cap―the maximum of deposits
application is received after July 1, 2008, but no more than
                                                                            in an account for which Earnings Enhancements will be
120 days later, and if all the necessary supporting
                                                                            paid. The Earnings Enhancement Cap is reached when an
documentation relevant to establishing eligibility is in
                                                                            account has a current value that is equal to or exceeds five
LASFAC's possession by January 15, 2009, the student will
                                                                            times the annual qualified higher education expenses at the
receive his TOPS award (reduced by the number of
                                                                            highest cost Louisiana public college or university, projected
semesters/terms he enrolled out-of-state and further reduced
                                                                            to the scheduled date of first enrollment. The projected
by one additional semester if 1 to 60 days late or by two
                                                                            qualified higher education expenses at each eligible
additional semesters if 61 to 120 days late) retroactively
                                                                            educational institution shall be updated by the administering
beginning the spring semester of 2008.
                                                                            agency. On the date of the beneficiary's first enrollment in an
   D.1. - 3. …
                                                                            eligible educational institution, the Earnings Enhancement
   AUTHORITY NOTE: Promulgated in accordance with R.S.
17:3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1.                            Cap will be fixed at five times the annual qualified higher
   HISTORICAL NOTE: Promulgated by the Student Financial                    education expenses at the highest cost Louisiana public
Assistance Commission, Office of Student Financial Assistance,              college or university, for the academic year of enrollment or
LR 22:338 (May 1996), repromulgated LR 24:635 (April 1998),                 the projected amount, whichever is greater.
amended LR 24:1901 (October 1998), repromulgated LR 27:1847                                               ***
(November 2001), amended LR 28:447 (March 2002), LR 30:1161                      Scheduled Date of First-Enrollment, (for a dependent
(June 2004), LR 30:1471 (July 2004), LR 30:2019 (September                  beneficiary)―the month and year in which the beneficiary
2004), LR 32:2238 (December 2006), LR 33:2357 (November                     turns 18 years of age. For an independent student over the
2007), LR 34:1389 (July 2008), LR 34:1884 (September 2008).
                                                                            age of 18, the scheduled date of first-enrollment is the date
                                                                     1885              Louisiana Register Vol. 34, No. 09 September 20, 2008
the account is opened. This date is used to determine                            15. For the year ending December 31, 2006, the
eligibility for EEs. See the term earnings enhancement cap.                 Louisiana Education Tuition and Savings Fund earned an
                              ***                                           interest rate of 5.11 percent.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                            16. For the year ending December 31, 2006, the
17:3091-3099.2.                                                             Savings Enhancement Fund earned an interest rate of 4.67
  HISTORICAL NOTE: Promulgated by the Tuition Trust                         percent.
Authority, Office of Student Financial Assistance, LR 23:712 (June               17. For the year ending December 31, 2007, the
1997), amended LR 24:1268 (July 1998), LR 25:1794 (October
1999), LR 26:2260 (October 2000), LR 27:37 (January 2001), LR
                                                                            Louisiana Education Tuition and Savings Fund earned an
27:1222 (August 2001), LR 27:1876 (November 2001), LR 28:450                interest rate of 5.28 percent.
(March 2002), LR 28:777 (April 2002), LR 28:2334 (November                       18. For the year ending December 31, 2007, the
2002), LR 29:556 (April 2003), LR 30:786 (April 2004), LR                   Savings Enhancement Fund earned an interest rate of 5.25
30:1169 (June 2004), LR 30:2302 (October 2004), LR 31:639                   percent.
(March 2005), LR 32:1433 (August 2006), LR 32:2240 (December                   C. - P.1. …
2006), LR 33:443 (March 2007), LR 34:1885 (September 2008).                      2. If the change in school results in a change in the
Chapter 3.      Education Savings Account                                   account's earnings enhancement cap or maximum allowable
§307. Allocation of Earnings Enhancements                                   account balance, the account owner will be notified.
  A. - F. …                                                                    Q. - S.2. …
  G. Restrictions on allocation of earnings enhancements                       AUTHORITY NOTE: Promulgated in accordance with R.S.
to education savings accounts. The allocation of earnings                   17:3091-3099.2.
enhancements is limited to education savings accounts                          HISTORICAL NOTE: Promulgated by the Tuition Trust
which:                                                                      Authority, Office of Student Financial Assistance, LR 23:718 (June
     1. have not reached the earnings enhancement cap                       1997), amended LR 24:1274 (July 1998), LR 26:1263 (June 2000),
                                                                            repromulgated LR 26:2267 (October 2000), amended LR 27:1221
(see §107); and
                                                                            (August 2001), LR 27:1884 (November 2001), LR 28:1761
  G.2 - J.3. …                                                              (August 2002), LR 28:2335 (November 2002), LR 29:2038
  AUTHORITY NOTE: Promulgated in accordance with R.S.                       (October 2003), repromulgated LR 29:2374 (November 2003),
17:3091-3099.2.                                                             amended LR 30:791 (April 2004), LR 30:1472 (July 2004), LR
  HISTORICAL NOTE: Promulgated by the Tuition Trust                         31:2216 (September 2005), LR 32:1434 (August 2006), LR
Authority, Office of Student Financial Assistance, LR 23:715 (June          32:2240 (December 2006), LR 33:2359 (November 2007), LR
1997), amended LR 24:1271 (July 1998), LR 25:1794 (October                  34:1885 (September 2008).
1999), LR 26:1263 (June 2000), LR 26:2263 (October 2000), LR
27:37 (January 2001), LR 27:1222 (August 2001), LR 27:1880
(November 2001), LR 28:779 (April 2002), LR 30:788 (April                                                George Badge Eldredge
2004), LR 30:2302 (October 2004), LR 34:1885 (September 2008).                                           General Counsel
                                                                            0809#010
§315. Miscellaneous Provisions
   A. - B.5. …                                                                                           RULE
     6. For the year ending December 31, 2001, the
Savings Enhancement Fund earned an interest rate of 6.38                                Department of Environmental Quality
percent.                                                                                      Office of the Secretary
     7. For the year ending December 31, 2002, the                                             Legal Affairs Division
Louisiana Education Tuition and Savings Fund earned an
interest rate of 5.82 percent.                                                         DMR Submittal (LAC 33:IX.2701)(WQ074)
     8. For the year ending December 31, 2002, the
Savings Enhancement Fund earned an interest rate of 5.91                       Under the authority of the Environmental Quality Act,
percent.                                                                    R.S. 30:2001 et seq., and in accordance with the provisions
     9. For the year ending December 31, 2003, the                          of the Administrative Procedure Act, R.S. 49:950 et seq., the
Louisiana Education Tuition and Savings Fund earned an                      secretary has amended the Water Quality regulations, LAC
interest rate of 5.33 percent.                                              33:IX.2701 (Log #WQ074).
     10. For the year ending December 31, 2003, the                            The rule will ensure that permittees have the option to
Savings Enhancement Fund earned an interest rate of 5.17                    submit discharge monitoring reports (DMRs) electronically
percent.                                                                    through an electronic document receiving system, as well as
     11. For the year ending December 31, 2004, the                         the current option of submitting them on paper. With the
Louisiana Education Tuition and Savings Fund earned an                      impending migration to EPA's new database, the Integrated
interest rate of 4.72 percent.                                              Compliance Information System (ICIS), an increase in
     12. For the year ending December 31, 2004, the                         workload is a reality. Once migration is complete, all DMRs
Savings Enhancement Fund earned an interest rate of 5.12                    will have to be entered into the database. With this increase
percent.                                                                    in workload, the need for a more efficient way to submit
     13. For the year ending December 31, 2005, the                         DMRs is required. The electronic submittal of DMRs is a
Louisiana Education Tuition and Savings Fund earned an                      way to effectively manage this increase in workload. The
interest rate of 3.64 percent.                                              basis and rationale for this rule are to provide adequate
     14. For the year ending December 31, 2005, the                         resources to continue to meet regulatory requirements. This
Savings Enhancement Fund earned an interest rate of 4.92                    rule meets an exception listed in R.S. 30:2019(D)(2) and
percent.                                                                    R.S. 49:953(G)(3); therefore, no report regarding


Louisiana Register Vol. 34, No. 09 September 20, 2008                1886
environmental/health benefits and social/economic costs is                 2906, 3025, 3105, 3111, 4003, 4357, 4367, 4437, 4459,
required.                                                                  4545; VI.911; VII.711, 721; IX.301, 1123; XI.1139; and
                           Title 33                                        XV.609 (Log #MM008).
               ENVIRONMENTAL QUALITY                                          This rule makes changes that were overlooked in a
                   Part IX. Water Quality                                  previous rulemaking, changing references to DEQ divisions
      Subpart 2. The Louisiana Pollutant Discharge                         in the regulations to references to the statutory office
           Elimination System (LPDES) Program                              designations and updating some office designations to reflect
Chapter 27. LPDES Permit Conditions                                        the current organizational structure of the department.
§2701. Conditions Applicable to All Permits                                Miscellaneous typographical, grammatical, punctuation, and
   The following conditions apply to all LPDES permits.                    outline numbering corrections are made throughout the
Additional conditions applicable to LPDES permits are in                   regulations. Outdated citations are corrected, and citation
LAC 33:IX.2703. All conditions applicable to LPDES                         formatting is updated for consistency in the regulations. An
permits shall be incorporated into the permits either                      introductory paragraph is added to several definition sections
expressly or by reference. If incorporated by reference, a                 to clarify where the definitions that are presented in each
specific citation to these regulations (or the corresponding               corresponding section apply. This rule also corrects a
approved state regulations) must be given in the permit.                   mistake in a previous rule, WQ054, Water Quality Standards
   A. – L.3....                                                            Triennial Revision; two changes left out of that rule are now
     4. Monitoring Reports. Monitoring results shall be                    being made. Other minor changes are made to the Air and
reported at the intervals specified elsewhere in this permit               Solid Waste regulations to clarify their meaning. The
and shall be submitted in paper format or through a                        Environmental Quality Act requires the department to
department-approved electronic document receiving system                   promulgate environmental regulations. Maintenance of these
in accordance with LAC 33:I.Chapter 21.                                    regulations is part of that responsibility. The basis and
   L.4.a. – N.4. ...                                                       rationale for this rule are to maintain the regulations that
   AUTHORITY NOTE: Promulgated in accordance with R.S.                     protect the environment and public health of the state, as
30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4).          authorized by the Environmental Quality Act. This Rule
   HISTORICAL NOTE: Promulgated by the Department of                       meets an exception listed in R.S. 30:2019(D)(2) and R.S.
Environmental Quality, Office of Water Resources, LR 21:945                49:953(G)(3);      therefore,      no      report   regarding
(September 1995), amended by the Water Pollution Control
                                                                           environmental/health benefits and social/economic costs is
Division, LR 23:724 (June 1997), amended by the Office of
Environmental Assessment, Environmental Planning Division, LR              required.
26:2553 (November 2000), LR 28:468 (March 2002),                                                      Title 33
repromulgated LR 30:230 (February 2004), amended LR 30:1676                              ENVIRONMENTAL QUALITY
(August 2004), amended by the Office of the Secretary, Legal                              Part I. Office of the Secretary
Affairs Division, LR 31:2431, 2512 (October 2005), LR 32:1220                Subpart 1. Departmental Administrative Procedures
(July 2006), LR 33:2168 (October 2007), LR 34:1887 (September              Chapter 1.      Public Notification of Contamination
2008).                                                                     §107. Definitions
                                                                              A. The following terms used in this Chapter shall have
                            Herman Robinson, CPM                           the meanings listed below, unless the context otherwise
                            Executive Counsel                              requires, or unless specifically redefined in a particular
0809#095
                                                                           Section.
                                                                                Administrative Authority―the Secretary of the
                            RULE
                                                                           Department of Environmental Quality or his designee or the
           Department of Environmental Quality                             appropriate assistant secretary or his designee.
                 Office of the Secretary                                        Applicable Federal or State Health and Safety
                  Legal Affairs Division                                   Standard―those health and/or safety standards promulgated
                                                                           under federal or state health or safety laws or other
                  Environmental Quality                                    universally accepted health or safety standards that the
  (LAC 33:I.107, 502, 603, 905, 1302, 1407, 2003, 2503,                    department, based on its knowledge and expertise,
 3703; III.504, 605, 2132, 2133, 2135, 2137, 2143, 2145,                   reasonably determines are applicable to a particular release
2301, 5151; V.105, 109, 519, 529, 1529, 1709, 1711, 1741,                  and release site. Examples of applicable federal or state
 1907, 2230, 2246, 2247, 2306, 2311, 2503, 2508, 2906,                     health and safety standards include, but are not limited to:
 3025, 3105, 3111, 4003, 4357, 4367, 4437, 4459, 4545;                            a. USEPA maximum contaminant level (MCL) in a
VI.911; VII.711, 721; IX.301, 1123; XI.1139; and XV.609)                   drinking water well or aquifer. MCLs are not applicable for
                        (MM008)                                            non-potable groundwater or surface water;
                                                                                  b. Louisiana primary ambient air quality standards
  Under the authority of the Environmental Quality Act,                    (LAC 33:III.Chapter 7); and
R.S. 30:2001 et seq., and in accordance with the provisions                       c. Agency for Toxic Substances and Disease
of the Administrative Procedure Act, R.S. 49:950 et seq., the              Registry (ATSDR) minimal risk levels (MRLs) for air.
secretary has amended the Environmental Quality                                 Corrective Action―activities conducted to protect
regulations, LAC 33:I.107, 502, 603, 905, 1302, 1407, 2003,                human health and the environment.
2503, 3703; III.504, 605, 2132, 2133, 2135, 2137, 2143,                         Department―the Department of Environmental Quality.
2145, 2301, 5151; V.105, 109, 519, 529, 1529, 1709, 1711,                       Off-Site—areas beyond the property boundary of the
1741, 1907, 2230, 2246, 2247, 2306, 2311, 2503, 2508,                      release site.

                                                                    1887             Louisiana Register Vol. 34, No. 09 September 20, 2008
     Person―any individual, municipality, public or private                      Single Character Request―a request for confidentiality
corporation, partnership, firm, the state of Louisiana,                     that contains only information or records that meet the
political subdivision of the state of Louisiana, the United                 criteria for confidentiality specified by law.
States government, and any agent or subdivision thereof or                    AUTHORITY NOTE: Promulgated in accordance with R.S.
any other juridical person, which shall include, but not be                 30:2030.
limited to, trusts, joint stock companies, associations,                      HISTORICAL NOTE: Promulgated by the Department of
commissions, and interstate bodies.                                         Environmental Quality, Office of Environmental Assessment,
                                                                            Environmental Planning Division, LR 26:2439 (November 2000),
     Release―the accidental or intentional spilling, leaking,               amended LR 30:742 (April 2004), amended by the Office of the
pumping, pouring, emitting, escaping, leaching, or dumping                  Secretary, Legal Affairs Division, LR 34:1888 (September 2008).
of hazardous substances or other pollutants into or on any                  Chapter 6.       Security-Sensitive Information
land, air, water, or groundwater. A release shall not include a             §603. Definitions
federal or state permitted release or other release authorized                A. The following terms used in this Chapter shall have
by the department.                                                          the meanings listed below, unless the context otherwise
     Release Site―area within the property boundary of the                  requires, or unless specifically redefined in a particular
site where the release has occurred.                                        Section.
     Responsible Party―any person required by law or                             Distribution or Dissemination via the Internet―to make
regulation to undertake corrective action at a site.                        known to the public generally by posting to a web, FTP,
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                            database, or application server configured for anonymous
30:2001 et seq.
  HISTORICAL NOTE: Promulgated by the Department of                         public access under the direct control of the department.
Environmental Quality, Office of Environmental Assessment,                       Security-Sensitive Information―as defined in R.S.
Environmental Planning Division, LR 29:2039 (October 2003),                 44:3(A)(3), security procedures, criminal intelligence
amended by the Office of the Secretary, Legal Affairs Division, LR          information pertaining to terrorist-related activity, or threat
34:1887 (September 2008).                                                   or vulnerability assessments created, collected, or obtained
Chapter 5.       Confidential Information Regulations                       in the prevention of terrorist-related activity, including but
§502. Definitions                                                           not limited to physical security information, proprietary
   A. The following terms used in this Chapter shall have                   information, operational plans, and the analysis of such
the meanings listed below, unless the context otherwise                     information, or internal security information.
requires, or unless specifically redefined in a particular                    AUTHORITY NOTE: Promulgated in accordance with R.S.
Section.                                                                    30:2030(D).
     Air Emission Data―any information necessary or used                      HISTORICAL NOTE: Promulgated by the Department of
to determine or calculate the identity, amount, frequency,                  Environmental Quality, Office of Environmental Assessment, LR
                                                                            31:1322 (June 2005), amended by the Office of the Secretary, Legal
concentration, or other characteristic of any emission or                   Affairs Division, LR 34:1888 (September 2008).
discharge that has been emitted or discharged by a source; or               Chapter 9.      Petition for Rulemaking
any information necessary or used to determine or calculate
                                                                            §905. Definitions
the identity, amount, frequency, concentration, or other
                                                                              A. The following terms used in this Chapter shall have
characteristic of an emission that, under an applicable                     the meanings listed below, unless the context otherwise
standard or limitation, a source was authorized to emit or
                                                                            requires, or unless specifically redefined in a particular
discharge, including, to the extent necessary to identify the
                                                                            Section.
source and to distinguish it from other sources, a description
                                                                                 Administrative Authority—the Secretary of the
of the device, installation, or operation constituting the
                                                                            Department of Environmental Quality or his designee, or the
source. This includes the calculation of an “allowable”
                                                                            appropriate assistant secretary or his designee.
emission limit for a permit.
                                                                                 Department―the Department of Environmental Quality
     Complete―in reference to a request for confidentiality
                                                                            as created by R.S. 30:2001 et seq.
of information or records, the request contains everything                    AUTHORITY NOTE: Promulgated in accordance with R.S.
necessary for a determination to be made. Designating a                     30:2001 et seq.
request complete does not preclude the department from                        HISTORICAL NOTE: Promulgated by the Department of
requesting or accepting an amended request.                                 Environmental Quality, Office of the Secretary, LR 23:297 (March
     Financial Request―a single character request that                      1997), amended by the Office of Environmental Assessment,
contains financial information or records only. This includes,              Environmental Planning Division, LR 26:2439 (November 2000),
but is not limited to, financial accounts statements, gross                 amended by the Office of the Secretary, Legal Affairs Division, LR
revenues statements, profit and loss statements, projected                  34:1888 (September 2008).
revenues statements, tax returns, financial/accounting                      Chapter 13.    Risk Evaluation/Corrective Action
statements, and financial audit documentation/reports.                                     Program
     Mixed Character Record―a record submitted as part of                   §1302. Definitions
a request for confidentiality that, in addition to information                A. The following terms used in this Chapter shall have
that meets the criteria for confidentiality specified by law,               the meanings listed below, unless the context otherwise
also contains information that either does not meet the                     requires, or unless specifically redefined in a particular
criteria for confidentiality specified by law or is prohibited              Section.
by law or regulation from being classified as confidential.                     Department—the Department of Environmental Quality.
                                                                              AUTHORITY NOTE: Promulgated in accordance with R.S.
     Mixed Character Request―a request for confidentiality
                                                                            30:2272.1.
that contains one or more mixed character records.

Louisiana Register Vol. 34, No. 09 September 20, 2008                1888
  HISTORICAL NOTE: Promulgated by the Department of                                 iii.   any responses to notices of deficiency;
Environmental Quality, Office of Environmental Assessment,                           iv.   any correspondence relating to the permit
Environmental Planning Division, LR 26:2440 (November 2000),                application;
amended by the Office of the Secretary, Legal Affairs Division, LR                    v.   any public notices relating to the permit action;
34:1888 (September 2008).
                                                                            and
Chapter 14. Groundwater Fees
                                                                                    vi.    the final permit, if granted.
§1407. Definitions                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
  A. The following terms used in this Chapter shall have                    30:2001 et seq., and in particular, 2050.20.
the meanings listed below, unless the context otherwise                       HISTORICAL NOTE: Promulgated by the Department of
requires, or unless specifically redefined in a particular                  Environmental Quality, Office of the Secretary, LR 25:857 (May
Section.                                                                    1999), amended by the Office of the Secretary, Legal Affairs
    Assessment―planning, data gathering and reporting,                      Division, LR 34:1889 (September 2008).
and other activities used to generate a report that appraises               Chapter 25. Beneficial Environmental Projects
groundwater contamination and draws conclusions as to the                   §2503. Definitions
need for further assessment and/or corrective action.                         A. The following terms used in this Chapter shall have
    Assessment Oversight―departmental review and                            the meanings listed below, unless the context otherwise
evaluation of a facility's assessment activities.                           requires, or unless specifically redefined in a particular
    Corrective Action Oversight―departmental review and                     Section.
evaluation of corrective action plans and of remedial actions                    Beneficial Environmental Project (BEP)—a project that
undertaken to restore the quality of contaminated                           provides for environmental mitigation which the
groundwater.                                                                defendant/respondent is not otherwise legally required to
    Corrective Action Plan—a plan that details a schedule                   perform, but which the defendant/respondent agrees to
of remedial actions that will restore the quality of                        undertake as a component of a settlement of a violation or
contaminated groundwater.                                                   penalty assessment.
    Non-Regulated Facility―a facility that is not classified                     Environmental Mitigation—that which tends to lead in
as a solid or hazardous waste facility but under which                      any way to the protection from, reduction of, or general
groundwater contamination has been detected.                                awareness of potential risks or harm to public health and the
    Regulated Unit―a solid waste facility or a hazardous                    environment. Environmental mitigation includes any and all
waste facility under which groundwater contamination has                    projects that conform to the requirements set forth in LAC
been detected.                                                              33:I.2505.
   AUTHORITY NOTE: Promulgated in accordance with R.S.                           Not Otherwise Legally Required to Perform—the
30:2001 et seq.                                                             approved project is not required of the defendant/respondent
   HISTORICAL NOTE: Promulgated by the Department of                        by any federal, state, or local law, regulation, or permit
Environmental Quality, Office of Water Resources, Ground Water              (except that early compliance may be allowed) or actions
Protection Division, LR 18:729 (July 1992), amended by the Office           which the defendant/respondent may be required to perform
of the Secretary, Legal Affairs Division, LR 34:1889 (September
                                                                            as injunctive relief in the instant case or as part of a
2008).
                                                                            settlement or order in another action.
Chapter 20. Records of Decision for Judicial Review
                                                                              AUTHORITY NOTE: Promulgated in accordance with R.S.
§2003. Definitions                                                          30:2011(D)(1), 2031, and 2050.7(E).
  A. The following terms used in this Chapter shall have                      HISTORICAL NOTE: Promulgated by the Department of
the meanings listed below, unless the context otherwise                     Environmental Quality, Office of Environmental Assessment,
requires, or unless specifically redefined in a particular                  Environmental Planning Division, LR 26:1603 (August 2000),
Section.                                                                    amended by the Office of the Secretary, Legal Affairs Division, LR
     Record of Decision―for purposes of this Chapter, all                   34:1889 (September 2008).
documents, evidence, and other items presented to, and/or                   Chapter 37. Regulatory Innovations Programs
actually considered by, the decision maker for the purpose of               §3703. Definitions
influencing the decision. This shall include, but is not                      A. The following terms used in this Chapter shall have
limited to:                                                                 the meanings listed below, unless the context otherwise
       a. the record of any hearing or other proceeding                     requires, or unless specifically redefined in a particular
held in connection with the decision or action;                             Section.
       b. any comments, written or oral, submitted to the                       Administrative Authority―the Secretary of the
department in connection with the decision or action;                       Department of Environmental Quality or his designee or the
       c. any response to such comments issued by the                       appropriate assistant secretary or his designee.
department;                                                                     Demonstration Project (DP)―a project containing all
       d. all matters officially noticed by the decision                    the elements required in LAC 33:I.3705, intended to be
maker;                                                                      implemented in exchange for regulatory flexibility.
       e. any written statement of the decision or action                       Final Project Agreement (FPA)―the final document
and reasons therefor; and                                                   agreed upon between the secretary and a program participant
       f. for permit actions:                                               that specifically states the terms and duration of the
          i. the permit application, including all                          proposed project. The final project agreement is an
supplements and amendments thereto;                                         enforceable document.
         ii. any notices of deficiency issued by the                            Regulatory Flexibility―the power of the Secretary of
department;                                                                 the Department of Environmental Quality to exempt a

                                                                     1889             Louisiana Register Vol. 34, No. 09 September 20, 2008
qualified participant in a regulatory innovations program                 Chapter 6.       Regulations on Control of Emissions
from regulations promulgated by the department under this                                  through the Use of Emission Reduction
Chapter, consistent with federal law and regulation.                                       Credits Banking
     Stakeholders―citizens in the communities near the                    §605. Definitions
project site, facility workers, government representatives,                 A. The terms used in this Chapter are defined in LAC
industry representatives, environmental groups, or other                  33:III.111 with the exception of those terms specifically
public interest groups with representatives in Louisiana and              defined as follows.
Louisiana citizens, or other similar interests.                                Actual Emissionsthe actual rate of emissions of an air
     Superior Environmental Performance―                                  pollutant from a source operation, equipment, or control
        a. a significant decrease of pollution to levels lower            apparatus. Actual emissions shall be calculated using the
than the levels currently being achieved by the subject                   actual operating hours, production rates, and types of
facility under applicable law or regulation, where these                  materials used, processed, stored, or combusted during the
lower levels are better than required by applicable law and               baseline period. Acceptable methods for estimating the
regulation; or                                                            actual emissions may include, but are not limited to, any one
        b. improved social or economic benefits, as                       or a combination of the following:
determined by the secretary, to the state, while achieving                       a. emission factors based on EPA's Compilation of
protection to the environment equal to the protection                     Air Pollutant Emission Factors (AP-42) or other emission
currently being achieved by the subject facility under                    factors approved by the department, if better source specific
applicable law and regulation, provided that all requirements             data are not available;
under current applicable law and regulation are being                            b. fuel usage records, production records, purchase
achieved by the facility.                                                 records, material balances, engineering calculations
   AUTHORITY NOTE: Promulgated in accordance with R.S.                    (approved by the department), source tests, waste disposal
30:2561 et seq.                                                           records, and emission reports such as emission inventory
   HISTORICAL NOTE: Promulgated by the Department of                      reports, SARA Title III, or MACT compliance certifications.
Environmental Quality, Office of Environmental Assessment,
Environmental Planning Division, LR 25:2197 (November 1999),                                           ***
repromulgated LR 25:2399 (December 1999), amended by the                    AUTHORITY NOTE: Promulgated in accordance with R.S.
Office of Environmental Assessment, Environmental Planning                30:2054.
Division, LR 26:2442 (November 2000), amended by the Office of              HISTORICAL NOTE: Promulgated by the Department of
the Secretary, Legal Affairs Division, LR 34:1889 (September              Environmental Quality, Office of Air Quality and Radiation
2008).                                                                    Protection, Air Quality Division, LR 20:874 (August 1994), LR
                                                                          25:1622 (September 1999), LR 26:2448 (November 2000), LR
                         Part III. Air
                                                                          28:301 (February 2002), amended by the Office of the Secretary,
Chapter 5.       Permit Procedures                                        Legal Affairs Division, LR 33:2068 (October 2007), LR 34:1890
§504. Nonattainment New Source Review Procedures                          (September 2008).
   A. – J.15.b.    …                                                      Chapter 21.      Control of Emission of Organic
   K. Definitions. The terms in this Section are used as                                   Compounds
defined in LAC 33:III.111 with the exception of those terms               Subchapter F. Gasoline Handling
specifically defined as follows.                                          §2132. Stage II Vapor Recovery Systems for Control of
                              ***                                                   Vehicle Refueling Emissions at Gasoline
     Building, Structure, Facility, or Installation―all of the                      Dispensing Facilities
pollutant-emitting activities that belong to the same                       A. – B.5. …
industrial grouping, are located on one or more contiguous                     6. The regulated facility shall submit the following
or adjacent properties, and are under the control of the same             application information to the Office of Environmental
person (or persons under common control). Pollutant-                      Assessment prior to installation of the Stage II Vapor
emitting activities shall be considered as part of the same               Recovery System:
industrial grouping if they belong to the same "Major                       B.6.a. – C.2. …
Group" (i.e., they have the same two-digit code) as described               D. Testing
in the Standard Industrial Classification Manual, 1987.                        1. The owner/operator of the facility shall have the
                              ***                                         installed vapor recovery equipment tested prior to the start-
   L. – M.3. …                                                            up of the facility. The owner or operator shall notify the
   AUTHORITY NOTE: Promulgated in accordance with R.S.                    Office of Environmental Assessment at least five calendar
30:2054.
                                                                          days in advance of the scheduled date of testing. Testing
   HISTORICAL NOTE: Promulgated by the Department of
Environmental Quality, Office of Air Quality and Radiation                must be performed by a contractor that is certified with the
Protection, Air Quality Division, LR 19:176 (February 1993),              Department of Environmental Quality. Compliance with the
repromulgated LR 19:486 (April 1993), amended LR 19:1420                  emission specification for Stage II equipment shall be
(November 1993), LR 21:1332 (December 1995), LR 23:197                    demonstrated by passing the following required tests or
(February 1997), amended by the Office of Environmental                   equivalent for each type of system:
Assessment, Environmental Planning Division, LR 26:2445                        1.a. – 2. …
(November 2000), LR 27:2225 (December 2001), LR 30:752                         3. The department reserves the right to confirm the
(April 2004), amended by the Office of Environmental Assessment,          results of the aforementioned testing at its discretion and at
LR 30:2801 (December 2004), amended by the Office of the
                                                                          any time. Within 30 days after installation or major system
Secretary, Legal Affairs Division, LR 31:2436 (October 2005), LR
31:3123, 3155 (December 2005), LR 32:1599 (September 2006),               modification of a vapor recovery system, the owner or
LR 33:2082 (October 2007), LR 34:1890 (September 2008).                   operator of the facility shall submit to the Office of
Louisiana Register Vol. 34, No. 09 September 20, 2008              1890
Environmental Assessment the date of completion of the                           2. All loading and unloading facilities for crude oil
installation or major system modification of a vapor                        and condensate, for ships and barges and for facilities
recovery system and the results of all functional testing                   loading and unloading only liquified petroleum gas are
requirements.                                                               exempt from this Section.
  E. – I. …                                                                      3. Gasoline bulk terminals that are located in an
   AUTHORITY NOTE: Promulgated in accordance with R.S.                      attainment area and do not service facilities controlled by
30:2054.                                                                    LAC 33:III.2131 and 2133 are exempt from the control
   HISTORICAL NOTE: Promulgated by the Department of                        requirements of Subsection B of this Section. Bulk terminals
Environmental Quality, Office of Air Quality and Radiation                  servicing exempted and controlled facilities are required to
Protection, Air Quality Division, LR 18:1254 (November 1992),
repromulgated LR 19:46 (January 1993), amended LR 23:1682
                                                                            collect vapors from controlled facilities.
(December 1997), LR 24:25 (January 1998), amended by the                       D. Compliance
Office of Environmental Assessment, Environmental Planning                       1. Compliance with this Section shall be determined
Division, LR 26:2453 (November 2000), LR 29:558 (April 2003),               by applying the following test methods, as appropriate:
amended by the Office of the Secretary, Legal Affairs Division, LR                  a. Test Methods 1-4 (40 CFR Part 60, Appendix A,
31:2440 (October 2005), LR 33:2086 (October 2007), LR 34:1890               as incorporated by reference at LAC 33:III.3003) for
(September 2008).                                                           determining flow rates, as necessary;
§2133. Gasoline Bulk Plants                                                         b. Test Method 18 (40 CFR Part 60, Appendix A, as
   A. – C.4. …                                                              incorporated by reference at LAC 33:III.3003) for measuring
   D. Compliance                                                            gaseous       organic   compound       emissions    by    gas
     1. Compliance with this Section shall be determined                    chromatographic analysis;
by applying the following test methods, as appropriate:                             c. Test Method 21 (40 CFR Part 60, Appendix A, as
        a. leak tests for monitoring during loading, EPA,                   incorporated by reference at LAC 33:III.3003) for
Appendix B, Control of Volatile Organic Compound Leaks                      determination of volatile organic compound leaks;
from Gasoline Tank Trucks and Vapor Collection Systems                              d. Test Method 25 (40 CFR Part 60, Appendix A, as
(EPA 450/2-78-51);                                                          incorporated by reference at LAC 33:III.3003) for
        b. Test Method 21 (40 CFR Part 60, Appendix A, as                   determining total gaseous nonmethane organic emissions as
incorporated by reference at LAC 33:III.3003) for                           carbon;
determination of volatile organic compound leaks.                                   e. EPA leak tests for monitoring during loading,
     2. Monitoring Requirements. Inspection for visible                     Appendix B, Control of Volatile Organic Compound Leaks
liquid leaks, visible fumes, or odors resulting from gasoline               from Gasoline Tank Trucks and Vapor Collection Systems
dispensing operations shall be conducted by the owner or the                (EPA 450/2-78-051); and
operator of the bulk plant or the owner or the operator of the                      f. additional performance test procedures, or
tank truck. Gasoline loading or unloading through the                       equivalent test methods, approved by the administrative
affected transfer lines shall be discontinued immediately                   authority*.
when a leak is observed and shall not be resumed until the                       2 Monitoring Requirements. Inspection for visible
observed leak is repaired.                                                  liquid leaks, visible fumes, or odors resulting from gasoline
   E. – E.2. …                                                              dispensing operations shall be conducted by the owner or the
     3. data to document compliance with Subsection D of                    operator of the terminal or the owner or the operator of the
this Section;                                                               tank truck. Gasoline loading or unloading through the
   E.4. – F. …                                                              affected transfer lines shall be discontinued immediately
  AUTHORITY NOTE: Promulgated in accordance with R.S.                       when a leak is observed and shall not be resumed until the
30:2054.                                                                    observed leak is repaired.
  HISTORICAL NOTE: Promulgated by the Department of
                                                                               E. - E.2. …
Environmental Quality, Office of Air Quality and Nuclear Energy,
Air Quality Division, LR 13:741 (December 1987), amended by the                  3. testing, sampling and analysis data to document
Office of Air Quality and Radiation Protection, Air Quality                 compliance with Subsections B and D of this Section;
Division, LR 16:610 (July 1990), LR 21:552 (June 1995), LR                       4. - 5.c. …
22:1212 (December 1996), amended by the Office of the Secretary,              AUTHORITY NOTE: Promulgated in accordance with R.S.
Legal Affairs Division, LR 34:1891 (September 2008).                        30:2054.
§2135. Bulk Gasoline Terminals                                                HISTORICAL NOTE: Promulgated by the Department of
   A. – B.4. …                                                              Environmental Quality, Office of Air Quality and Nuclear Energy,
                                                                            Air Quality Division, LR 13:741 (December 1987), amended LR
     5. A facility subject to this Section shall service only
                                                                            16:611 (July 1990), amended by the Office of Air Quality and
those delivery trucks/transport vessels complying with LAC                  Radiation Protection, Air Quality Division, LR 17:654 (July 1991),
33:III.2137.                                                                LR 18:1123 (October 1992), LR 22:1212 (December 1996), LR
   C. Exemptions                                                            24:25 (January 1998), amended by the Office of the Secretary,
     1. Gasoline distribution facilities that have a gasoline               Legal Affairs Division, LR 34:1891 (September 2008).
throughput less than 20,000 gallons (75,708 liters) per day                 §2137. Gasoline Terminal Vapor-Tight Control
averaged over any consecutive 30-day period shall meet the                           Procedure
provisions of LAC 33:III.2133. Once a facility's throughput                   A. - A.1. …
exceeds this rate, it shall become subject to and shall comply                  2. Inspection Sticker Required. All tank trucks must
with this Section and shall remain so regardless of any                     have a sticker displayed on each tank indicating the
fluctuations in throughput.


                                                                     1891             Louisiana Register Vol. 34, No. 09 September 20, 2008
identification number of the tank and the date each tank last               Subchapter I. Pharmaceutical Manufacturing Facilities
passed the pressure and vacuum test described in Paragraph                  §2145. Pharmaceutical Manufacturing Facilities
A.1 of this Section. Each tank must be certified annually and                 A. - A.1.e. …
the sticker must be displayed near the Department of                             2. if equivalent controls are used, the VOC emissions
Transportation certification plate. Any repairs necessary to                must be reduced by at least as much as they would be by
pass the specified requirements must be made within 15 days                 using a surface condenser that meets the requirements of
of failure.                                                                 Paragraph A.1 of this Section.
  B. - B.3.b. …                                                               B. - F.4. …
  C. Exemptions. All loading and unloading facilities for                     G. Recordkeeping. The owner or operator of a
crude oil and condensate, for ships and barges and for                      pharmaceutical manufacturing facility shall maintain the
facilities loading or unloading only liquified petroleum gas                following records at the facility for at least two years:
are exempt from this Section.                                                    1. the results of all tests conducted in accordance with
  D. Recordkeeping Requirements. The gasoline terminal                      Subsection F of this Section;
operator shall maintain records at the facility for at least two                 2. - 4. …
years indicating the last time the vapor collection facility                  AUTHORITY NOTE: Promulgated in accordance with R.S.
passed the requirements specified in Paragraph B.1 of this                  30:2054.
Section. Items that required repair in order to pass the                      HISTORICAL NOTE: Promulgated by the Department of
specified requirements must also be recorded during the                     Environmental Quality, Office of Air Quality and Nuclear Energy,
                                                                            Air Quality Division, LR 13:741 (December 1987), amended by the
annual test procedure.
                                                                            Office of Air Quality and Radiation Protection, Air Quality
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                            Division, LR 16:964 (November 1990), LR 22:1212 (December
30:2054.
                                                                            1996), LR 24:25 (January 1998), amended by the Office of the
  HISTORICAL NOTE: Promulgated by the Department of
                                                                            Secretary, Legal Affairs Division, LR 34:70 (January 2008), LR
Environmental Quality, Office of Air Quality and Nuclear Energy,
                                                                            34:1892 (September 2008).
Air Quality Division, LR 13:741 (December 1987), amended by the
Office of Air Quality and Radiation Protection, Air Quality                 Chapter 23.      Control of Emissions for Specific
Division, LR 16:612 (July 1990), LR 22:1212 (December 1996),                                 Industries1
                                                                                 1
amended by the Office of the Secretary, Legal Affairs Division, LR                Regulation of emissions of volatile organic compounds for
                                                                                 certain industries are presented in Chapter 21.
34:1891 (September 2008).
                                                                            Subchapter A. Chemical Woodpulping Industry
Subchapter H. Graphic Arts
                                                                            §2301. Control of Emissions from the Chemical
§2143. Graphic Arts (Printing) by Rotogravure and
                                                                                       Woodpulping Industry
          Flexographic Processes
                                                                               A. - D.2. …
   A. - B. …
                                                                                 3. Total Reduced Sulfur Emissions
   C. Compliance. The owner/operator of any facility
                                                                                    a. Emissions of Total Reduced Sulfur (TRS) from
subject to this Section shall install and maintain monitors to
                                                                            existing sources specified below shall not exceed the
accurately measure and record operational parameters of all
                                                                            following limits:
required control devices as necessary to ensure the proper
                                                                                        i. kraft recovery furnaces corrected to 8 percent
functioning of those devices in accordance with the design
                                                                            oxygen by volume:
specification. Compliance with this Section shall be
                                                                                          (a). new design straight kraft recovery furnaces,
determined by certification from the ink manufacturer
                                                                            5 parts per million (ppm);
concerning the solvent makeup of the ink or by applying the
                                                                                          (b). old design straight kraft recovery furnaces,
following test methods as appropriate:
                                                                            20 ppm;
     1. - 4. …
                                                                                          (c). cross-recovery furnaces, 25 ppm;
   D. Recordkeeping. The owner or operator of any graphic
                                                                                          (d). recovery furnaces constructed prior to 1960:
arts facility shall maintain records at the facility to verify
                                                                            The department may establish emission limitations different
compliance with or exemption from this Section. The
                                                                            from those specified above for the remaining useful life of
records shall be maintained for at least two years and shall
                                                                            the unit. The emissions limit established for each affected
include, but not be limited to, the following:
                                                                            furnace will reflect the lowest levels of TRS emissions
     1. records of any testing done in accordance with
                                                                            consistently achievable utilizing best practicable technology;
Subsection C of this Section;
                                                                                       ii. digester systems, 5 ppm;
   D.2. – E.…
  AUTHORITY NOTE: Promulgated in accordance with R.S.                                iii. multiple effect evaporator systems, 5 ppm;
30:2054.                                                                              iv. lime kilns, corrected to 10 percent oxygen by
  HISTORICAL NOTE: Promulgated by the Department of                         volume, 20 ppm;
Environmental Quality, Office of Air Quality and Nuclear Energy,                       v. condensate stripper systems, 5 ppm;
Air Quality Division, LR 13:741 (December 1987), amended by the                      vi. smelt dissolving tanks, 0.016 grams per
Office of Air Quality and Radiation Protection, Air Quality                 kilogram black liquor solids fired. Compliance with the
Division, LR 16:964 (November 1990), LR 18:1123 (October                    particulate emission limits of Subparagraph D.1.b of this
1992), LR 22:1212 (December 1996), LR 24:25 (January 1998),                 Section by a scrubbing device employing fresh water as the
amended by the Office of Environmental Assessment,
                                                                            scrubbing medium make up will be accepted as evidence of
Environmental Planning Division, LR 25:1796 (October 1999), LR
28:1765 (August 2002), LR 30:746 (April 2004), amended by the               adequate TRS control on smelt dissolving tanks. Emission
Office of the Secretary, Legal Affairs Division, LR 34:1892                 limits are given in terms of 12-hour averages. For recovery
(September 2008).                                                           furnaces, 1 percent, and for lime kilns, 2 percent of all 12-


Louisiana Register Vol. 34, No. 09 September 20, 2008                1892
hour TRS averages per quarter year above the specified                    Environmental Services written notice of a new start date at
level, under conditions of proper operation and maintenance,              least 10 working days before commencement of demolition.
in the absence of start-ups, shutdowns and malfunctions, are              Delivery of the updated notice by U.S. Postal Service,
not considered to be violations of the emission limitation.               commercial delivery service, or hand delivery is acceptable;
These are not running averages, but are instead for discrete                F.2.c.iv.(c). - P.2.b. …
contiguous 12-hour periods of time;                                          AUTHORITY NOTE: Promulgated in accordance with R.S.
         vii. in any facility with multiple sources subject to            30:2054.
this Subchapter, alternative TRS emission limits from                        HISTORICAL NOTE: Promulgated by the Department of
individual sources shall be established upon request, using               Environmental Quality, Office of Air Quality and Radiation
                                                                          Protection, Air Quality Division, LR 17:1204 (December 1991),
the "Bubble Concept," provided that the total emissions from              repealed and repromulgated LR 18:1121 (October 1992), amended
all the regulated sources do not exceed those permitted                   LR 20:1277 (November 1994), LR 24:27 (January 1998), amended
above;                                                                    by the Office of Environmental Assessment, Environmental
        viii. the department may establish alternative limits             Planning Division, LR 26:2462 (November 2000), LR 30:1673
consistent with the purposes of this Section.                             (August 2004), amended by the Office of Environmental
        b Compliance. Affected sources shall achieve final                Assessment, LR 30:2022 (September 2004), LR 31:1570 (July
compliance with the provisions of this Paragraph as                       2005), amended by the Office of the Secretary, Legal Affairs
expeditiously as practicable but not more than six years from             Division, LR 31:2449 (October 2005), LR 33:2095 (October 2007),
the effective date of this Subchapter of the regulations.                 LR 34:1893 (September 2008).
     4. Opacity Limitation                                                   Part V. Hazardous Waste and Hazardous Materials
        a. The emission of smoke from the recovery                                 Subpart 1. Department of Environmental
furnace shall be controlled so that the shade or appearance of                              Quality―Hazardous Waste
the emission is not darker than 40 percent average opacity as             Chapter 1.        General Provisions and Definitions
to obscure vision to a degree equivalent to the above (see                §105. Program Scope
LAC 33:III.1503.D, Table 4) except that emitted may have                     These rules and regulations apply to owners and operators
an average opacity in excess of 40 percent for not more than              of all facilities that generate, transport, treat, store, or
one six-minute period in any 60 consecutive minutes.                      dispose of hazardous waste, except as specifically provided
        b. Compliance. Owners or operators shall conduct                  otherwise herein. The procedures of these regulations also
source tests of recovery furnaces pursuant to the provisions              apply to the denial of a permit for the active life of a
in LAC 33:III.1503.D, Table 4, to confirm particulate                     hazardous waste management facility or TSD unit under
emissions are less than that specified in Paragraph D.1 of                LAC 33:V.706. Definitions appropriate to these rules and
this Section. The results shall be submitted to the Office of             regulations, including solid waste and hazardous waste,
Environmental Assessment as specified in LAC 33:III.919                   appear in LAC 33:V.109. Wastes that are excluded from
and 918. The testing should be conducted as follows:                      regulation are found in this Section.
           i. four tests at six month intervals within 24                    A. - D.2.k. …
months of promulgation of this regulation; and                                 l. injected groundwater that is hazardous only
          ii. one test annually thereafter.                               because it exhibits the toxicity characteristic (Hazardous
   E. …                                                                   Waste Codes D018-D043 only) in LAC 33:V.4903.E and
  AUTHORITY NOTE: Promulgated in accordance with R.S.                     that is re-injected through an underground injection well
30:2054.                                                                  pursuant to free phase hydrocarbon recovery operations
  HISTORICAL NOTE: Promulgated by the Department of                       undertaken at petroleum refineries, petroleum marketing
Environmental Quality, Office of Air Quality and Nuclear Energy,          terminals, petroleum bulk plants, petroleum pipelines, and
Air Quality Division, LR 13:741 (December 1987), amended by the           petroleum transportation spill sites until January 25, 1993.
Office of Air Quality and Radiation Protection, Air Quality               This extension applies to recovery operations in existence, or
Division, LR 19:1564 (December 1993), amended by the Office of            for which contracts have been issued, on or before March
Environmental Assessment, Environmental Planning Division, LR
                                                                          25, 1991. Groundwater that is returned through infiltration
26:2454 (November 2000), amended by the Office of the Secretary,
Legal Affairs Division, LR 31:2442 (October 2005), LR 32:1841             galleries from such operations at petroleum refineries,
(October 2006), LR 33:2088 (October 2007), LR 34:1892                     marketing terminals, and bulk plants, is not a hazardous
(September 2008).                                                         waste until January 1, 1993. New operations involving
Chapter 51.       Comprehensive Toxic Air Pollutant                       injection wells (beginning after March 25, 1991) will qualify
                  Emission Control Program                                for this compliance date extension (until January 25, 1993)
Subchapter M. Asbestos                                                    only if:
§5151. Emission Standard for Asbestos                                        D.2.l.i. - P.2. …
  A. – F.2.c.iv.(a).(ii). …                                                 AUTHORITY NOTE: Promulgated in accordance with R.S.
            (b). when the asbestos stripping or removal                   30:2180 et seq.
                                                                            HISTORICAL NOTE: Promulgated by the Department of
operation or demolition operation covered by this Subsection              Environmental Quality, Office of Solid and Hazardous Waste,
will begin on a date earlier than the original start date:                Hazardous Waste Division, LR 10:200 (March 1984), amended LR
                 (i). provide the Office of Environmental                 10:496 (July 1984), LR 11:1139 (December 1985), LR 12:319
Services with a written notice of the new start date at least             (May 1986), LR 13:84 (February 1987), LR 13:433 (August 1987),
10 working days before asbestos stripping or removal work                 LR 13:651 (November 1987), LR 14:790 (November 1988), LR
begins;                                                                   15:181 (March 1989), LR 16:47 (January 1990), LR 16:217, LR
                (ii). for      demolitions       covered   by             16:220 (March 1990), LR 16:398 (May 1990), LR 16:614 (July
Subparagraph F.1.b of this Section, provide the Office of                 1990), LR 17:362, 368 (April 1991), LR 17:478 (May 1991), LR
                                                                          17:883 (September 1991), LR 18:723 (July 1992), LR 18:1256
                                                                   1893             Louisiana Register Vol. 34, No. 09 September 20, 2008
(November 1992), LR 18:1375 (December 1992), amended by the                 (March 1995), LR 21:944 (September 1995), LR 22:814
Office of the Secretary, LR 19:1022 (August 1993), amended by               (September 1996), LR 23:564 (May 1997), amended by the Office
the Office of Solid and Hazardous Waste, Hazardous Waste                    of Waste Services, Hazardous Waste Division, LR 24:655 (April
Division, LR 20:1000 (September 1994), LR 21:266 (March 1995),              1998), LR 24:1101 (June 1998), LR 24:1688 (September 1998), LR
LR 21:944 (September 1995), LR 22:813, 831 (September 1996),                25:433 (March 1999), repromulgated LR 25:853 (May 1999),
amended by the Office of the Secretary, LR 23:298 (March 1997),             amended by the Office of Environmental Assessment,
amended by the Office of Solid and Hazardous Waste, Hazardous               Environmental Planning Division, LR 26:269 (February 2000), LR
Waste Division, LR 23:564, 567 (May 1997), LR 23:721 (June                  26:2465 (November 2000), LR 27:291 (March 2001), LR 27:708
1997), amended by the Office of Waste Services, Hazardous Waste             (May 2001), LR 28:999 (May 2002), LR 28:1191 (June 2002), LR
Division, LR 23:952 (August 1997), LR 23:1511 (November                     29:318 (March 2003), amended by the Office of the Secretary,
1997), LR 24:298 (February 1998), LR 24:655 (April 1998), LR                Legal Affairs Division, LR 31:2452 (October 2005), LR 31:3116
24:1093 (June 1998), LR 24:1687, 1759 (September 1998), LR                  (December 2005), LR 32:606 (April 2006), LR 32:822 (May 2006),
25:431 (March 1999), amended by the Office of Environmental                 LR 33:1625 (August 2007), LR 33:2098 (October 2007), LR 34:71
Assessment, Environmental Planning Division, LR 26:268                      (January 2008), LR 34:615 (April 2008), LR 34:1009 (June 2008),
(February 2000), LR 26:2464 (November 2000), LR 27:291                      LR 34:1894 (September 2008).
(March 2001), LR 27:706 (May 2001), LR 29:317 (March 2003),                 Chapter 5.        Permit Application Contents
LR 30:1680 (August 2004), amended by the Office of                          Subchapter E. Specific Information Requirements
Environmental Assessment, LR 30:2463 (November 2004),                       §519. Contents of Part II: General Requirements
amended by the Office of the Secretary, Legal Affairs Division, LR
                                                                               A. Part II of the permit application consists of the
31:2451 (October 2005), LR 32:605 (April 2006), LR 32:821 (May
2006), LR 33:450 (March 2007), LR 33:2097 (October 2007), LR                general information requirements of this Section, and the
34:614 (April 2008), LR 34:1008 (June 2008), LR 34:1893                     specific information requirements in LAC 33:V:519, 520,
(September 2008).                                                           521, 523, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534,
§109. Definitions                                                           535, 536, and 706 applicable to the facility. The Part II
   For all purposes of these rules and regulations, the terms               information requirements presented in LAC 33:V:519, 520,
defined in this Chapter shall have the following meanings,                  521, 523, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534,
unless the context of use clearly indicates otherwise.                      535, 536, and 706 reflect the standards promulgated in LAC
                              ***                                           33:V.Chapters 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27,
     Corrosive Waste―a waste subject to these regulations                   28, 29, 30, 31, 32, 33, 35, and 37. These information
pursuant to provisions of LAC 33:V.4903.C which, because                    requirements are necessary in order for the administrative
of such properties as acidity or alkalinity, would tend to                  authority to determine compliance with LAC 33:V.Chapters
weaken or erode a common construction material.                             15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31,
                              ***                                           32, 33, 35, and 37. If owners and operators of Hazardous
     Ignitable Waste―a waste subject to these regulations                   Waste Management facilities can demonstrate that the
pursuant to provisions of LAC 33:V.4903.B of such                           information prescribed in Part II cannot be provided to the
properties as to constitute a potential fire hazard during its              extent required, the administrative authority may make
management.                                                                 allowance for submission of such information on a case-by-
                              ***                                           case basis. Information required in Part II shall be submitted
     Reactive Waste―a waste subject to these regulations                    to the administrative authority and signed in accordance with
pursuant to provisions of LAC 33:V.4903.D which is                          requirements in Subchapter B of this Chapter. Certain
normally unstable or which may endanger life or property in                 technical data, such as design drawings and specifications
the presence of other substances likely to be encountered in                and engineering studies, shall be certified by a Louisiana
the management of waste.                                                    registered professional engineer. For post-closure permits,
                              ***                                           only the information specified in LAC 33:V.528 is required
     Toxic Waste―a waste subject to these regulations                       in Part II of the permit application.
                                                                               AUTHORITY NOTE: Promulgated in accordance with R.S.
pursuant to provisions of LAC 33:V.4903.E which, by its
                                                                            30:2180 et seq.
chemical properties, has the potential to endanger human                       HISTORICAL NOTE: Promulgated by the Department of
health or other living organisms by means of acute or                       Environmental Quality, Office of Solid and Hazardous Waste,
chronic adverse effects, including poisoning, mutagenic,                    Hazardous Waste Division, LR 10:200 (March 1984), amended LR
teratogenic, or carcinogenic effects.                                       10:280 (April 1984), amended by the Office of Waste Services,
                              ***                                           Hazardous Waste Division, LR 25:436 (March 1999), amended by
  AUTHORITY NOTE: Promulgated in accordance with R.S.                       the Office of Environmental Assessment, Environmental Planning
30:2180 et seq.                                                             Division, LR 25:1465 (August 1999), amended by the Office of the
  HISTORICAL NOTE: Promulgated by the Department of                         Secretary, Legal Affairs Division, LR 34:992 (June 2008), LR
Environmental Quality, Office of Solid and Hazardous Waste,                 34:1894 (September 2008).
Hazardous Waste Division, LR 10:200 (March 1984), amended LR                §529.     Specific Part II Information Requirements for
10:496 (July 1984), LR 11:1139 (December 1985), LR 12:319                             Incinerators
(May 1986), LR 13:84 (February 1987), LR 13:433 (August 1987),                 Except as LAC 33:V.Chapter 31 and Subsection F of this
LR 13:651 (November 1987), LR 14:790, 791 (November 1988),
                                                                            Section provide otherwise, owners and operators of facilities
LR 15:378 (May 1989), LR 15:737 (September 1989), LR 16:218,
220 (March 1990), LR 16:399 (May 1990), LR 16:614 (July 1990),              that incinerate hazardous waste must fulfill the requirements
LR 16:683 (August 1990), LR 17:362 (April 1991), LR 17:478                  of Subsection A, B, or C of this Section:
(May 1991), LR 18:723 (July 1992), LR 18:1375 (December                        A. - A.1. …
1992), repromulgated by the Office of Solid and Hazardous Waste,                 2. documentation that the waste is listed as a
Hazardous Waste Division, LR 19:626 (May 1993), amended LR                  hazardous waste in LAC 33:V.Chapter 49, solely because it
20:1000 (September 1994), LR 20:1109 (October 1994), LR 21:266              is reactive (Hazard Code R) for characteristics other than
Louisiana Register Vol. 34, No. 09 September 20, 2008                1894
those listed in LAC 33:V.4903.D.4 and 5, and will not be                    B.19. - E.3.     …
burned when other hazardous wastes are present in the                       AUTHORITY NOTE: Promulgated in accordance with R.S.
combustion zone; or                                                       30:2180 et seq.
     3. …                                                                   HISTORICAL NOTE: Promulgated by the Department of
     4. documentation that the waste is a hazardous waste                 Environmental Quality, Office of Solid and Hazardous Waste,
                                                                          Hazardous Waste Division, LR 10:200 (March 1984), amended LR
solely because it possesses the reactivity characteristics                15:378 (May 1989), LR 16:220 (March 1990), LR 16:399 (May
listed in LAC 33:V.4903.D.1, 2, 3, 6, 7, or 8, and that it will           1990), LR 17:658 (July 1991), LR 18:1256 (November 1992), LR
not be burned when other hazardous wastes are present in                  20:1000 (September 1994), LR 21:266 (March 1995), LR 22:832
the combustion zone; or                                                   (September 1996), amended by the Office of Waste Services,
   B. - F. …                                                              Hazardous Waste Division, LR 24:1695 (September 1998), LR
   AUTHORITY NOTE: Promulgated in accordance with R.S.                    25:437 (March 1999), amended by the Office of Environmental
30:2011(D)(24)(a) and 2180 et seq.                                        Assessment, Environmental Planning Division, LR 25:1799
   HISTORICAL NOTE: Promulgated by the Department of                      (October 1999), LR 26:278 (February 2000), LR 26:2473
Environmental Quality, Office of Solid and Hazardous Waste,               (November 2000), amended by the Office of the Secretary, Legal
Hazardous Waste Division, LR 10:200 (March 1984), amended LR              Affairs Division, LR 32:827 (May 2006), LR 33:2104 (October
10:280 (April 1984), LR 22:817 (September 1996), amended by the           2007), LR 34:623 (April 2008), LR 34:993 (June 2008), LR
Office of Waste Services, Hazardous Waste Division, LR 25:2199            34:1895 (September 2008).
(November 1999), amended by the Office of Environmental                   Chapter 17. Air Emission Standards
Assessment, Environmental Planning Division, LR 27:292 (March             Subchapter A. Process Vents
2001), LR 29:319 (March 2003), amended by the Office of                   §1709. Standards: Closed-Vent Systems and Control
Environmental Assessment, LR 31:1571 (July 2005), amended by
the Office of the Secretary, Legal Affairs Division, LR 34:620
                                                                                    Devices
(April 2008), LR 34:1011 (June 2008), LR 34:1894 (September                  A. - D.6. …
2008).                                                                       E. Visible Emissions
Chapter 15.       Treatment, Storage, and Disposal                             1. Reference Method 22 in 40 CFR Part 60, Appendix
                  Facilities                                              A, incorporated by reference in LAC 33:III.3003, shall be
§1529. Operating Record and Reporting Requirements                        used to determine the compliance of a flare with the visible
   A. - B.11. …                                                           emission provisions of this Subchapter. The observation
     12. records of the quantities (and date of placement) for            period is two hours and shall be used according to Method
each shipment of hazardous waste placed in land disposal                  22.
units under an extension to the effective date of any land                     2. The net heating value of the gas being combusted in
disposal prohibition granted in accordance with LAC                       a flare shall be calculated using the following equation.
33:V.2239, a petition approved in accordance with LAC
                                                                                                          n        
                                                                                                  H T  K  Ci H i 
33:V.2241 or 2271, a determination made under LAC
33:V.2273, or the applicable notice required by a generator                                                i 1    
under LAC 33:V.2245. This information must be maintained                     where:
in the operating record until the closure of the facility;                       HT =   net heating value of the sample, MJ/scm; where the net
     13. for an off-site treatment facility, a copy of the                              enthalpy per mole of offgas is based on combustion at
                                                                                        25°C and 760 mm Hg, but the standard temperature for
notice, and the certification and demonstration, if applicable,                         determining the volume corresponding to 1 mol is 20°C
required of the generator or the owner or operator under                         K=     constant, 1.74 X 10-1 (1/ppm) (g mol/scm) (MJ/kcal),
LAC 33:V.2245 or 2247;                                                                  where standard temperature for (g mol/scm) is 20°C
     14. for an on-site treatment facility, the information                      Ci =   concentration of sample component i in ppm on a wet
                                                                                        basis, as measured for organics by Reference Method 18 in
contained in the notice (except the manifest number), and                               40 CFR Part 60, Appendix A, incorporated by reference in
the certification and demonstration, if applicable, required of                         LAC 33:III.3003, and measured for hydrogen and carbon
the generator or the owner or operator under LAC 33:V.2245                              monoxide by ASTM D 1946-82
or 2247;                                                                         Hi =   net heat of combustion of sample component i, kcal/9 mol
                                                                                        at 25°C and 760 mm Hg. The heats of combustion may be
     15. for an off-site land disposal facility, a copy of the                          determined using ASTM D 2382-83 if published values are
notice, and the certification and demonstration, if applicable,                         not available or cannot be calculated.
required of the generator or the owner or operator of a                     E.3. - O.2. …
treatment facility under LAC 33:V.2245 or 2247, whichever                   AUTHORITY NOTE: Promulgated in accordance with R.S.
is applicable;                                                            30:2180 et seq.
     16. for an on-site land disposal facility, the information             HISTORICAL NOTE: Promulgated by the Department of
contained in the notice required of the generator or owner or             Environmental Quality, Office of Solid and Hazardous Waste,
                                                                          Hazardous Waste Division, LR 17:658 (July 1991), amended LR
operator of a treatment facility under LAC 33:V.2245 or
                                                                          20:1000 (September 1994), amended by the Office of Waste
LAC 33:V.2247, except for the manifest number;                            Services, Hazardous Waste Division, LR 24:1698 (September
     17. for an off-site storage facility, a copy of the notice,          1998), LR 25:438 (March 1999), amended by the Office of the
and the certification and demonstration, if applicable,                   Secretary, Legal Affairs Division, LR 34:1895 (September 2008).
required of the generator or the owner or operator under                  §1711. Test Methods and Procedures
LAC 33:V.2245 or 2247;                                                      A. - B. …
     18. for an on-site storage facility, the information                      1. Monitoring shall comply with Reference Method
contained in the notice (except the manifest number), and                 21 in 40 CFR Part 60, Appendix A, incorporated by
the certification and demonstration, if applicable, required of           reference in LAC 33:III.3003.
the generator or the owner or operator under LAC 33:V.2245                  B.2. - C.1. …
or 2247;
                                                                   1895             Louisiana Register Vol. 34, No. 09 September 20, 2008
        a. Method 2 in 40 CFR Part 60, Appendix A,                         the zone of engineering control (as established in the
incorporated by reference in LAC 33:III.3003, for velocity                 variance), must:
and volumetric flow rate;                                                          a. comply with the requirements of LAC 33:V.1913,
        b. Method 18 or Method 25A in 40 CFR Part 60,                      except 1913.D; and
Appendix A, incorporated by reference in LAC 33:III.3003,                          b. decontaminate or remove contaminated soil to
for organic content. If Method 25A is used, the organic                    the extent necessary to:
hazardous air pollutants (HAP) used as the calibration gas                            i. enable the tank system for which the variance
must be the single organic HAP representing the largest                    was granted to resume operation with the capability for the
percent by volume of the emissions. The use of Method 25A                  detection of releases at least equivalent to the capability it
is acceptable if the response from the high-level calibration              had prior to the release; and
gas is at least 20 times the standard deviation of the response                      ii. prevent the migration of hazardous waste or
from the zero calibration gas when the instrument is zeroed                hazardous constituents to groundwater or surface water; or
on the most sensitive scale.                                                       c. if contaminated soil cannot be removed or
   C.1.c. - F. …                                                           decontaminated in accordance with Subparagraph G.3.b of
  AUTHORITY NOTE: Promulgated in accordance with R.S.                      this Section, comply with the requirements of LAC
30:2180 et seq.                                                            33:V.1915.B.
  HISTORICAL NOTE: Promulgated by the Department of                             4. The owner or operator of a tank system, for which a
Environmental Quality, Office of Solid and Hazardous Waste,                variance from secondary containment has been granted in
Hazardous Waste Division, LR 17:658 (July 1991), amended LR
20:1000 (September 1994), LR 22:818 (September 1996), amended
                                                                           accordance with the requirements of Paragraph G.1 of this
by the Office of Waste Services, Hazardous Waste Division, LR              Section, at which a release of hazardous waste has occurred
24:1699 (September 1998), amended by the Office of the Secretary,          from the primary tank system and has migrated beyond the
Legal Affairs Division, LR 34:1012 (June 2008), LR 34:1895                 zone of engineering control (as established in the variance),
(September 2008).                                                          must:
§1741. Test Methods and Procedures                                                 a. comply with requirements of LAC 33:V.1913.A-
  A. – B. …                                                                D;
     1. Monitoring shall comply with Reference Method                              b. prevent the migration of hazardous waste or
21 in 40 CFR Part 60, Appendix A, incorporated by                          hazardous constituents to groundwater or surface water, if
reference in LAC 33:III.3003.                                              possible, and decontaminate or remove contaminated soil. If
  B.2. – I. …                                                              contaminated soil cannot be decontaminated or removed or
  AUTHORITY NOTE: Promulgated in accordance with R.S.                      if groundwater has been contaminated, the owner or operator
30:2180 et seq.                                                            must comply with requirements of LAC 33:V.1915.B; and
  HISTORICAL NOTE: Promulgated by the Department of                                c. if repairing, replacing or reinstalling the tank
Environmental Quality, Office of Solid and Hazardous Waste,                system, provide secondary containment in accordance with
Hazardous Waste Division, LR 17:658 (July 1991), amended LR
                                                                           the requirements of Subsections A-F of this Section or
20:1000 (September 1994), LR 22:819 (September 1996), amended
by the Office of Waste Services, Hazardous Waste Division, LR              reapply for a variance from secondary containment and meet
24:1701 (September 1998), amended by the Office of the Secretary,          the requirements for new tank systems in LAC 33:V.1905 if
Legal Affairs Division, LR 34:1013 (June 2008), LR 34:1896                 the tank system is replaced. The owner or operator must
(September 2008).                                                          comply with these requirements even if contaminated soil
Chapter 19. Tanks                                                          can be decontaminated or removed and groundwater or
§1907. Containment and Detection of Releases                               surface water has not been contaminated.
   A. In order to prevent the release of hazardous waste or                   H. The following procedures must be followed in order
hazardous constituents to the environment, secondary                       to request a variance from secondary containment.
containment that meets the requirements of this Section must                    1. The Office of Environmental Assessment must be
be provided (except as provided in Subsections F and G of                  notified in writing by the owner or operator that he intends
this Section):                                                             to conduct and submit a demonstration for a variance from
   A.1. - E.3.c. …                                                         secondary containment as allowed in Subsection G of this
   F. Ancillary equipment must be provided with secondary                  Section according to the following schedule:
containment (e.g., trench, jacketing, double-walled piping)                        a. for existing tank systems, at least 24 months prior
that meets the requirements of Subsections B and C of this                 to the date that secondary containment must be provided in
Section, except for:                                                       accordance with Subsection A of this Section;
   F.1. – G.2.a.v. …                                                               b. for new tank systems, at least 30 days prior to
        b. the potential adverse effects of a release on                   entering into a contract for installation.
groundwater quality, taking into account:                                       2. As part of the notification, the owner or operator
        b.i. – c.iv. …                                                     must also submit to the administrative authority a
          v. the existing quality of surface water, including              description of the steps necessary to conduct the
other sources of contamination and the cumulative impact on                demonstration and a timetable for completing each of the
surface water quality.                                                     steps. The demonstration must address each of the factors
     3. The owner or operator of a tank system, for which a                listed in Paragraph G.1 or 2 of this Section.
variance from secondary containment has been granted in                         3. The demonstration for a variance must be
accordance with requirements of Paragraph G.1 of this                      completed within 180 days after notifying the administrative
Section, at which a release of hazardous waste has occurred                authority of an intent to conduct the demonstration.
from the primary tank system but has not migrated beyond

Louisiana Register Vol. 34, No. 09 September 20, 2008               1896
      4. If a variance is granted under this Paragraph, the                 Division, LR 26:281 (February 2000), LR 26:2478 (November
administrative authority will require the permittee to                      2000), amended by the Office of the Secretary, Legal Affairs
construct and operate the tank system in the manner that was                Division, LR 31:2459 (October 2005), LR 33:2109 (October 2007),
demonstrated to meet the requirements for the variance.                     LR 34:997 (June 2008), LR 34:1897 (September 2008).
   I. – I.3. …                                                              §2247. Owners or Operators of Treatment or Disposal
      4. The owner or operator must maintain on file at the                           Facilities: Testing, Waste Minimization,
facility a record of the results of the assessments conducted                         Recordkeeping and Notice Requirements
in accordance with Paragraphs I.1-3 of this Section.                           A. – B.2.f. …
      5. If a tank system or component is found to be                          C. The treatment facility must submit a one-time
leaking or unfit for use as a result of the leak test or                    certification signed by an authorized representative with the
assessment in Paragraphs I.1-3 of this Section, the owner or                initial shipment of waste or treatment residue of a restricted
operator must comply with the requirements of LAC                           waste to the land disposal facility. The certification must
33:V.1913.                                                                  state:
                                                                                 "I certify under penalty of law that I have personally examined
   AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                                 and am familiar with the treatment technology and operation
30:2180 et seq.                                                                  of the treatment process used to support this certification.
   HISTORICAL NOTE: Promulgated by the Department of                             Based on my inquiry of those individuals immediately
Environmental Quality, Office of Solid and Hazardous Waste,                      responsible for obtaining this information, I believe that the
Hazardous Waste Division, LR 10:200 (March 1984), amended LR                     treatment process has been operated and maintained properly
13:651 (November 1987), LR 14:790 (November 1988), LR 16:614                     so as to comply with the treatment standards specified in LAC
(July 1990), amended by the Office of Environmental Assessment,                  33:V.2223 without impermissible dilution of the prohibited
Environmental Planning Division, LR 26:2475 (November 2000),                     waste. I am aware there are significant penalties for submitting
                                                                                 a false certification, including the possibility of fine and
amended by the Office of Environmental Assessment, LR 31:1572
                                                                                 imprisonment."
(July 2005), amended by the Office of the Secretary, Legal Affairs
Division, LR 33:2107 (October 2007), LR 34:624 (April 2008), LR                A certification is also necessary for contaminated soil and
34:995 (June 2008), LR 34:1896 (September 2008).                            it must state:
                                                                                 "I certify under penalty of law that I have personally examined
Chapter 22. Prohibitions on Land Disposal
                                                                                 and am familiar with the treatment technology and operation
Subchapter A. Land Disposal Restrictions                                         of the treatment process used to support this certification and
§2230. Treatment Standards for Hazardous Debris                                  believe that it has been maintained and operated properly so as
  A. - B. …                                                                      to comply with treatment standards specified in LAC
                                                                                 33:V.2236 without impermissible dilution of the prohibited
     1. the contaminants subject to treatment for debris that                    wastes. I am aware there are significant penalties for
exhibit the Toxicity Characteristic (TC) described in LAC                        submitting a false certification, including the possibility of
33:V.4903.E are those extraction procedure (EP) constituents                     fine and imprisonment."
for which debris exhibit the TC toxicity characteristic;                      C.1. - H. …
  B.2. - D.5. …                                                                AUTHORITY NOTE: Promulgated in accordance with R.S.
  AUTHORITY NOTE: Promulgated in accordance with R.S.                       30:2180 et seq.
30:2180 et seq.                                                                HISTORICAL NOTE: Promulgated by the Department of
  HISTORICAL NOTE: Promulgated by the Department of                         Environmental Quality, Office of Solid and Hazardous Waste,
Environmental Quality, Office of Solid and Hazardous Waste,                 Hazardous Waste Division, LR 15:378 (May 1989), amended
Hazardous Waste Division, LR 21:266 (March 1995), amended LR                LR16:1057 (December 1990), LR 17:658 (July 1991), LR 21:266,
22:22 (January 1996), LR 23:565 (May 1997), amended by the                  267 (March 1995), LR 21:1334 (December 1995), LR 22:22
Office of Waste Services, Hazardous Waste Division, LR 25:445               (January 1996), LR 22:820 (September 1996), LR 23:566 (May
(March 1999), amended by the Office of the Secretary, Legal                 1997), amended by the Office of Waste Services, Hazardous Waste
Affairs Division, LR 34:1897 (September 2008).                              Division, LR 24:670 (April 1998), LR 24:1730 (September 1998),
§2246. Special Rules Regarding Wastes That Exhibit a                        LR 25:449 (March 1999), amended by the Office of Environmental
         Characteristic                                                     Assessment, Environmental Planning Division, LR 26:282
                                                                            (February 2000), LR 26:2478 (November 2000), amended by the
  A. - D.3. …                                                               Office of the Secretary, Legal Affairs Division, LR 31:2459
  E. Generators or treaters who first claim that hazardous                  (October 2005), LR 32:607 (April 2006), LR 33:2110 (October
debris is excluded from the definition of hazardous waste                   2007), LR 34:997 (June 2008), LR 34:1897 (September 2008).
under LAC 33:V.109.Hazardous Waste.6 (i.e., debris treated                  Chapter 23. Waste Piles
by an extraction or destruction technology provided by LAC                  §2306. Response Actions
33:V.2299.Appendix, Table 8, and debris that the                              A. - B. …
administrative authority has determined does not contain                         1. notify the Office of Environmental Services in
hazardous waste) are subject to the following notification                  writing of the exceedance within seven days of the
and certification requirements.                                             determination;
  E.1. - F.2. …                                                               B.2. - C.4. …
  AUTHORITY NOTE: Promulgated in accordance with R.S.                          AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2180 et seq.                                                             30:2180 et seq.
  HISTORICAL NOTE: Promulgated by the Department of                            HISTORICAL NOTE: Promulgated by the Department of
Environmental Quality, Office of Solid and Hazardous Waste,                 Environmental Quality, Office of Solid and Hazardous Waste,
Hazardous Waste Division, LR 16:1057 (December 1990),                       Hazardous Waste Division, LR 21:266 (March 1995), amended by
amended LR 17:658 (July 1991), LR 21:266 (March 1995), LR                   the Office of Environmental Assessment, Environmental Planning
22:22 (January 1996), amended by the Office of Waste Services,              Division, LR 26:2480 (November 2000), amended by the Office of
Hazardous Waste Division, LR 24:669 (April 1998), LR 24:1730                the Secretary, Legal Affairs Division, LR 33:2111 (October 2007),
(September 1998), LR 25:449 (March 1999), amended by the                    LR 34:1897 (September 2008).
Office of Environmental Assessment, Environmental Planning

                                                                     1897             Louisiana Register Vol. 34, No. 09 September 20, 2008
§2311. Special Requirements for Ignitable or Reactive                       Division, LR 26:2483 (November 2000), amended by the Office of
          Waste                                                             the Secretary, Legal Affairs Division, LR 31:2462 (October 2005),
  A. - A.1. …                                                               LR 33:2113 (October 2007), LR 34:1898 (September 2008).
       a. the resulting waste, mixture, or dissolution of                   Chapter 30.      Hazardous Waste Burned in Boilers and
material no longer meets the description of ignitable or                                     Industrial Furnaces
reactive waste under the characteristics of ignitability or                 §3025. Regulation of Residues
reactivity in LAC 33:V.4903.B or D; and                                       A residue derived from the burning or processing of
    1.b. – 2. …                                                             hazardous waste in a boiler or industrial furnace is not
  AUTHORITY NOTE: Promulgated in accordance with R.S.                       excluded from the definition of a hazardous waste under
30:2180 et seq.                                                             LAC 33:V.105.D.2.d, h, and i unless the device and the
  HISTORICAL NOTE: Promulgated by the Department of                         owner or operator meet the following requirements.
Environmental Quality, Office of Solid and Hazardous Waste,                   A. - B.2.a.Note. …
Hazardous Waste Division, LR 10:200 (March 1984), amended LR                       b. Metal Constituents. The concentration of metals
10:496 (July 1984), LR 16:1057 (December 1990), amended by the              in an extract obtained using the Toxicity Characteristic
Office of the Secretary, Legal Affairs Division, LR 34:1898                 Leaching Procedure of LAC 33:V.4903.E must not exceed
(September 2008).
                                                                            the levels specified in 40 CFR 266, Appendix VII, as
Chapter 25. Landfills
                                                                            adopted and amended at LAC 33:V.3099.Appendix G;
§2503. Design and Operating Requirements                                      B.2.c. - C.2.b. …
  A. - K.1.j. …                                                               AUTHORITY NOTE: Promulgated in accordance with R.S.
       k. it is not an ignitable waste as described in LAC                  30:2180 et seq.
33:V.4903.B;                                                                  HISTORICAL NOTE: Promulgated by the Department of
       l. it is not a corrosive waste as characterized by the               Environmental Quality, Office of Solid and Hazardous Waste,
pH limits in LAC 33:V.4903.C;                                               Hazardous Waste Division, LR 18:1375 (December 1992),
       m. it is not a reactive waste as described in LAC                    amended LR 21:266 (March 1995), LR 22:826 (September 1996),
33:V.4903.D;                                                                amended by the Office of Waste Services, Hazardous Waste
  K.1.n. - N.2.b. …                                                         Division, LR 24:1107 (June 1998), amended by the Office of
  AUTHORITY NOTE: Promulgated in accordance with R.S.                       Environmental Assessment, Environmental Planning Division, LR
                                                                            27:300 (March 2001), repromulgated LR 27:513 (April 2001),
30:2180 et seq.
  HISTORICAL NOTE: Promulgated by the Department of                         amended by the Office of the Secretary, Legal Affairs Division, LR
Environmental Quality, Office of Solid and Hazardous Waste,                 34:1015 (June 2008), LR 34:1898 (September 2008).
Hazardous Waste Division, LR 10:200 (March 1984), amended LR                Chapter 31. Incinerators
10:496 (July 1984), LR 16:220 (March 1990), LR 17:368 (April                §3105. Applicability
1991), LR 17:658 (July 1991), LR 18:1256 (November 1992), LR                  A. - C. …
20:1000 (September 1994), LR 21:266, 267 (March 1995),                           1. listed as a hazardous waste solely because it is
amended by the Office of Environmental Assessment,                          ignitable or corrosive or both as described in LAC
Environmental Planning Division, LR 26:2480 (November 2000),                33:V.4903.B and C; or
amended by the Office of the Secretary, Legal Affairs Division, LR            C.2. - E.Table 1.Footnote 1. …
34:1898 (September 2008).                                                      AUTHORITY NOTE: Promulgated in accordance with R.S.
§2508. Response Actions                                                     30:2180 et seq.
  A. - B. …                                                                    HISTORICAL NOTE: Promulgated by the Department of
     1. notify the Office of Environmental Services in                      Environmental Quality, Office of Solid and Hazardous Waste,
writing of the exceedance within seven days of the                          Hazardous Waste Division, LR 10:200 (March 1984), amended LR
determination;                                                              11:1139 (December 1985), LR 13:433 (August 1987), LR 14:424
  B.2. - C.4. …                                                             (July 1988), LR 15:737 (September 1989), LR 16:399 (May 1990),
   AUTHORITY NOTE: Promulgated in accordance with R.S.                      LR 18:1256 (November 1992), LR 18:1375 (December 1992), LR
30:2180 et seq.                                                             20:1000 (September 1994), LR 21:944 (September 1995), LR
   HISTORICAL NOTE: Promulgated by the Department of                        22:835 (September 1996), amended by the Office of Waste
Environmental Quality, Office of Solid and Hazardous Waste,                 Services, Hazardous Waste Division, LR 24:318 (February 1998),
Hazardous Waste Division, LR 21:266 (March 1995), amended by                LR 24:681 (April 1998), LR 24:1741 (September 1998), LR 25:479
the Office of Environmental Assessment, Environmental Planning              (March 1999), amended by the Office of Environmental
Division, LR 26:2481 (November 2000), amended by the Office of              Assessment, Environmental Planning Division, LR 27:301 (March
the Secretary, Legal Affairs Division, LR 31:2461 (October 2005),           2001), LR 28:1004 (May 2002), LR 29:323 (March 2003),
LR 33:2111 (October 2007), LR 34:1898 (September 2008).                     amended by the Office of the Secretary, Legal Affairs Division, LR
Chapter 29. Surface Impoundments                                            32:830 (May 2006), LR 34:629 (April 2008), LR 34:1898
                                                                            (September 2008).
§2906. Response Actions
                                                                            §3111. Performance Standards
  A. - B. …
                                                                               A. - A.3. …
     1. notify the Office of Environmental Services in
                                                                                 4. An incinerator burning hazardous waste must not
writing of the exceedance within seven days of the
                                                                            emit particulate matter in excess of 180 milligrams per dry
determination;
                                                                            standard cubic meter (0.08 grains per dry standard cubic
  B.2. - C.4. …
   AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                            foot) when corrected for the amount of oxygen in the stack
30:2180 et seq.                                                             gas according to the following formula. This correction
   HISTORICAL NOTE: Promulgated by the Department of                        procedure is to be used by all hazardous waste incinerators
Environmental Quality, Office of Solid and Hazardous Waste,                 except those operating under conditions of oxygen
Hazardous Waste Division, LR 21:266 (March 1995), amended by                enrichment. For these facilities, the administrative authority
the Office of Environmental Assessment, Environmental Planning
Louisiana Register Vol. 34, No. 09 September 20, 2008                1898
will select an appropriate correction procedure, to be                             AUTHORITY NOTE: Promulgated in accordance with R.S.
specified in the facility permit.                                                30:2180 et seq.
                                                                                   HISTORICAL NOTE: Promulgated by the Department of
                                      14                                         Environmental Quality, Office of Solid and Hazardous Waste,
                        Pc  Pm                                                 Hazardous Waste Division, LR 10:200 (March 1984), amended LR
                                    21  Y                                       10:496 (July 1984), LR 15:378 (May 1989), LR 16:220 (March
  where:
    Pc = corrected concentration of particulate matter
                                                                                 1990), LR 17:658 (July 1991), LR 18:723 (July 1992), LR 20:1000
    Pm = measured concentration of particulate matter                            (September 1994), LR 21:266 (March 1995), LR 22:837
    Y = measured concentration of oxygen in the stack gas, using the             (September 1996), amended by the Office of Waste Services,
         Orsat method for oxygen analysis of dry flue gas, presented in          Hazardous Waste Division, LR 24:1744 (September 1998), LR
         40 CFR Part 60, Appendix A, incorporated by reference in                25:484 (March 1999), amended by the Office of Environmental
         LAC 33:III.3003                                                         Assessment, Environmental Planning Division, LR 25:1803
     a. Repealed.                                                                (October 1999), amended by the Office of the Secretary, Legal
  B. …                                                                           Affairs Division, LR 33:1626 (August 2007), LR 34:633 (April
   AUTHORITY NOTE: Promulgated in accordance with R.S.                           2008), LR 34:1018 (June 2008), LR 34:1899 (September 2008).
30:2180 et seq.                                                                  Subchapter E. Groundwater Monitoring
   HISTORICAL NOTE: Promulgated by the Department of                             §4367. Applicability
Environmental Quality, Office of Solid and Hazardous Waste,                         Facilities that have interim status must comply with this
Hazardous Waste Division, LR 10:200 (March 1984), amended LR                     Subchapter in lieu of LAC 33:V.Chapter 33.
16:220 (March 1990), LR 20:1000 (September 1994), amended by
                                                                                    A. – C.5. …
the Office of the Secretary, Legal Affairs Division, LR 34:1000
(June 2008), LR 34:1898 (September 2008).                                           D. The groundwater monitoring requirements of this
Chapter 40. Used Oil                                                             Subchapter may be waived with respect to any surface
Subchapter A. Materials Regulated as Used Oil                                    impoundment that is used to neutralize wastes which are
§4003. Applicability                                                             hazardous solely because they exhibit the corrosivity
  This Section identifies those materials that are subject to                    characteristic under LAC 33:V.4903.C or listed as hazardous
regulation as used oil under this Chapter. This Section also                     wastes in LAC 33:V.4901 only for the reason that they are
identifies some materials that are not subject to regulation as                  corrosive and the surface impoundment contains no other
used oil under this Chapter and indicates whether these                          hazardous wastes, if the owner or operator can demonstrate
materials may be subject to regulation as hazardous waste                        that there is no potential for migration of hazardous wastes
under this Subpart.                                                              from the impoundment. The demonstration must establish,
  A. - B.2.b. …                                                                  based upon consideration of the characteristics of the wastes
       c. regulation as used oil under this Chapter if the                       and the impoundment, that the corrosive wastes will be
mixture is of used oil and a waste which is hazardous solely                     neutralized to the extent that they no longer meet the
because it exhibits the characteristic of ignitability (e.g.,                    corrosivity characteristic before they can migrate out of the
ignitable-only mineral spirits), provided that the resulting                     impoundment. The demonstration must be in writing and
mixture does not exhibit the characteristic of ignitability                      must be certified by a qualified professional and must be
under LAC 33:V.4903.B.                                                           approved by the administrative authority.
  B.3. - I. …                                                                       E. - E.2. …
  AUTHORITY NOTE: Promulgated in accordance with R.S.                               AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2180 et seq.                                                                  30:2180 et seq.
  HISTORICAL NOTE: Promulgated by the Department of                                 HISTORICAL NOTE: Promulgated by the Department of
Environmental Quality, Office of Solid and Hazardous Waste,                      Environmental Quality, Office of Solid and Hazardous Waste,
Hazardous Waste Division, LR 21:266 (March 1995), amended LR                     Hazardous Waste Division, LR 10:200 (March 1984), amended by
22:828, 836 (September 1996), amended by the Office of Waste                     the Office of Waste Services, Hazardous Waste Division, LR
Services, Hazardous Waste Division, LR 24:1108 (June 1998), LR                   25:484 (March 1999), amended by the Office of Environmental
25:481 (March 1999), amended by the Office of Environmental                      Assessment, Environmental Planning Division, LR 26:2499
Assessment, Environmental Planning Division, LR 27:713 (May                      (November 2000), amended by the Office of the Secretary, Legal
2001), amended by the Office of the Secretary, Legal Affairs                     Affairs Division, LR 33:2126 (October 2007), LR 34:633 (April
Division, LR 31:2540 (October 2005), LR 34:631 (April 2008), LR                  2008), LR 34:1002 (June 2008), LR 34:1899 (September 2008).
34:1017 (June 2008), LR 34:1899 (September 2008).                                Subchapter I. Tanks
Chapter 43. Interim Status                                                       §4437. Containment and Detection of Releases
Subchapter D. Manifest System, Recordkeeping, and                                   A. In order to prevent the release of hazardous waste or
                  Reporting                                                      hazardous constituents to the environment, secondary
§4357. Operating Record                                                          containment that meets the requirements of this Section must
   A. - B.9. …                                                                   be provided (except as provided in Subsections F and G of
     10. records of the quantities (and date of placement) for                   this Section):
each shipment of hazardous waste placed in land disposal                            A.1. - B.2. …
units under an extension to the effective date of any land                          C. To meet the requirements of Subsection B of this
disposal prohibition granted in accordance with LAC                              Section, secondary containment systems must be at a
33:V.2239, monitoring data required in accordance with an                        minimum:
exemption under LAC 33:V.2241 or 2271 or the applicable                               1. constructed of or lined with materials that are
notice required of a generator under LAC 33:V.2245. All of                       compatible with the waste to be placed in the tank systems
this information must be maintained in the operating record                      and must have sufficient strength and thickness to prevent
until closure of the facility;                                                   failure due to pressure gradients (including static head and
     11. – 17. …                                                                 external hydrological forces), physical contact with the
                                                                          1899             Louisiana Register Vol. 34, No. 09 September 20, 2008
waste to which they are exposed, climatic conditions, the                       a. for existing tank systems, at least 24 months prior
stress of installation, and the stress of daily operation              to the date that secondary containment must be provided in
(including stresses from nearby vehicular traffic);                    accordance with Subsection A of this Section; and
   C.2. - D.4. …                                                             1.b. - 4. …
   E. In addition to the requirements of Subsections B-D of                  5. The administrative authority will approve or
this Section, secondary containment systems must satisfy the           disapprove the request for a variance within 90 days of
following requirements.                                                receipt of the demonstration from the owner or operator and
     1. - 2.d.…                                                        will notify in writing the owner or operator and each person
        e. provided with a means to protect against the                who submitted written comments or requested notice of the
formation of and ignition of vapors within the vault, if the           variance decision. If the demonstration for a variance is
waste being stored or treated:                                         incomplete or does not include sufficient information, the
           i. meets the characteristics of ignitable waste             90-day time period will begin when the administrative
under LAC 33:V.4903.B; or                                              authority receives a complete demonstration, including all
          ii. meets the characteristics of reactive waste              information necessary to make a final determination. If the
under LAC 33:V.4903.D and may form an ignitable or                     public comment period in Paragraph H.4 of this Section is
explosive vapor; and                                                   extended, the 90-day time period will be similarly extended.
     2.e.iii. - 3.c. …                                                    I. - I.2. …
   F. Ancillary equipment must be provided with full                         3. The owner or operator must maintain on file at the
secondary containment (e.g., trench, jacketing, double-                facility a record of the results of the assessments conducted
walled piping) that meets the requirements of Subsections B            in accordance with Paragraphs I.1-2 of this Section.
and C of this Section, except for:                                           4. If a tank system or component is found to be
   F.1. - G.2.d.ii. ...                                                leaking or unfit-for-use as a result of the leak test or
     3. The owner or operator of a tank system, for which a            assessment in Paragraphs I.1-2 of this Section, the owner or
variance from secondary containment has been granted in                operator must comply with the requirements of LAC
accordance with the requirements of Paragraph G.1 of this              33:V.4441.
Section, at which a release of a hazardous waste has                      AUTHORITY NOTE: Promulgated in accordance with R.S.
occurred from the primary tank system but has not migrated             30:2180 et seq.
beyond the zone of engineering control (as established in the             HISTORICAL NOTE: Promulgated by the Department of
variance), must:                                                       Environmental Quality, Office of Solid and Hazardous Waste,
                                                                       Hazardous Waste Division, LR 10:200 (March 1984), amended LR
        a. comply with the requirements of LAC 33:V.4441,              13:651 (November 1987), LR 14:790 (November 1988), LR 16:614
except LAC 33:V.4441.D; and                                            (July 1990), LR 18:723 (July 1992), amended by the Office of
        b. decontaminate or remove contaminated soil to                Environmental Assessment, Environmental Planning Division, LR
the extent necessary to:                                               26:2507 (November 2000), amended by the Office of the Secretary,
           i. enable the tank system, for which the variance           Legal Affairs Division, LR 31:2482 (October 2005), LR 33:2134
was granted, to resume operation with the capability for the           (October 2007), LR 34:1004 (June 2008), LR 34:1899 (September
detection of and response to releases at least equivalent to           2008).
the capability it had prior to the release; and                        Subchapter J. Surface Impoundments
          ii. prevent the migration of hazardous waste or              §4459. Special Requirements for Ignitable or Reactive
hazardous constituents to groundwater or surface water; or                      Waste
        c. if contaminated soil cannot be removed or                     A. …
decontaminated in accordance with Subparagraph G.3.b of                     1. the waste is treated, rendered, or mixed before or
this Section, comply with the requirements of LAC                      immediately after placement in the impoundment so that the
33:V.1915.B.                                                           resulting waste, mixture, or dissolution of material no longer
     4. The owner or operator of a tank system, for which a            meets the characteristics of ignitable or reactive waste under
variance from secondary containment had been granted in                LAC 33:V.4903.B and D, and 4321.B is complied with; or
accordance with the requirements of Paragraph G.1 of this                   2. …
Section, at which a release of hazardous waste has occurred              AUTHORITY NOTE: Promulgated in accordance with R.S.
from the primary tank system and has migrated beyond the               30:2180 et seq.
zone of engineering control (as established in the variance),            HISTORICAL NOTE: Promulgated by the Department of
                                                                       Environmental Quality, Office of Solid and Hazardous Waste,
must:                                                                  Hazardous Waste Division, LR 10:200 (March 1984), amended LR
        a. - b. …                                                      16:1057 (December 1990), amended by the Office of the Secretary,
        c. if repairing, replacing, or reinstalling the tank           Legal Affairs Division, LR 34:1900 (September 2008).
system, provide secondary containment in accordance with               Subchapter P. Chemical, Physical, and Biological
the requirements of Subsections A-F of this Section or                                Treatment
reapply for a variance from secondary containment and meet             §4545. Special Requirements for Ignitable or Reactive
the requirements for new tank systems in LAC 33:V.4435 if                     Waste
the tank system is replaced. The owner or operator must                  A. …
comply with these requirements even if contaminated soil                   1. the waste is treated, rendered, or mixed before or
can be decontaminated or removed, and groundwater or                   immediately after placement in the treatment process or
surface water has not been contaminated.                               equipment so that the resulting waste, mixture, or dissolution
   H. - H.1. …


Louisiana Register Vol. 34, No. 09 September 20, 2008           1900
of material no longer meets the characteristics of ignitable or            amended by the Office of the Secretary, LR 24:2251 (December
reactive waste under LAC 33:V.4903.B and D, and 4321.B is                  1998), amended by the Office of Environmental Assessment,
complied with; or                                                          Environmental Planning Division, LR 26:2523 (November 2000),
    2. …                                                                   repromulgated LR 27:704 (May 2001), amended LR 30:1676
                                                                           (August 2004), amended by the Office of Environmental
   AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                           Assessment, LR 30:2024 (September 2004), amended by the Office
30:2180 et seq.
                                                                           of the Secretary, Legal Affairs Division, LR 31:2492 (October
   HISTORICAL NOTE: Promulgated by the Department of
                                                                           2005), LR 33:1047 (June 2007), LR 33:2145 (October 2007), LR
Environmental Quality, Office of Solid and Hazardous Waste,
                                                                           34:1901 (September 2008).
Hazardous Waste Division, LR 10:200 (March 1984), amended by
the Office of the Secretary, Legal Affairs Division, LR 34:1900            Subchapter C. Minor Processing and Disposal Facilities
(September 2008).                                                          §721. Standards Governing Construction and
Part VI. Inactive and Abandoned Hazardous Waste and                                 Demolition Debris and Woodwaste Landfills
          Hazardous Substance Site Remediation                                      (Type III)
Chapter 9.      Voluntary Remediation                                        A. – C.1.f. …
§911. Application Process                                                         g. No solid waste shall be deposited in standing
  A. – E. …                                                                water, and standing water in contact with waste shall be
  F. Public Hearing and Comment                                            removed immediately.
     1. Comments on the voluntary remedial action plan                       C.2. – E.3. …
shall be accepted by the Office of Environmental                             AUTHORITY NOTE: Promulgated in accordance with R.S.
Assessment for a period of 30 days after the date of the                   30:2001 et seq.
public notice and shall be fully considered by the                           HISTORICAL NOTE: Promulgated by the Department of
                                                                           Environmental Quality, Office of Solid and Hazardous Waste, Solid
administrative authority prior to final approval of the plan.              Waste Division, LR 19:187 (February 1993), amended LR 20:1001
However, if the administrative authority determines a shorter              (September 1994), amended by the Office of the Secretary, LR
or longer comment period is warranted, the administrative                  24:2252 (December 1998), amended by the Office of
authority may provide for a shorter or longer comment                      Environmental Assessment, Environmental Planning Division, LR
period in the public notice described in Paragraph D.1 of this             26:2527 (November 2000), repromulgated LR 27:705 (May 2001),
Section. Also, the comment period provided in the public                   amended by the Office of Environmental Assessment, LR 30:2025
notice may be extended by the administrative authority if the              (September 2004), LR 31:1577 (July 2005), amended by the Office
administrative authority determines such an extension is                   of the Secretary, Legal Affairs Division, LR 31:2495 (October
warranted.                                                                 2005), LR 33:1067 (June 2007), LR 33:2149 (October 2007), LR
                                                                           34:1901 (September 2008).
  F.2. – H. …
  AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                                              Part IX. Water Quality
30:2001 et seq., and in particular R.S. 30:2285 et seq.                               Subpart 1. Water Pollution Control
  HISTORICAL NOTE: Promulgated by the Department of                        Chapter 3.       Permits
Environmental Quality, Office of Environmental Assessment,                 Subchapter A. General Requirements
Environmental Planning Division, LR 27:516 (April 2001),                   §301. Scope
amended by the Office of Environmental Assessment, LR 30:2024                 A. – G. …
(September 2004), amended by the Office of the Secretary, Legal               H. On the effective date of these regulations the status of
Affairs Division, LR 31:2485 (October 2005), LR 33:2139                    state permits shall be as follows.
(October 2007), LR 34:1901 (September 2008).
                                                                                1. All LWDPS permits shall be issued for a period not
                   Part VII. Solid Waste                                   to exceed five years.
            Subpart 1. Solid Waste Regulations                                H.2. – N. …
Chapter 7.       Solid Waste Standards                                       AUTHORITY NOTE: Promulgated in accordance with R.S.
Subchapter A. Landfills, Surface Impoundments,                             30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4).
                 Landfarms                                                   HISTORICAL NOTE: Promulgated by the Department of
§711. Standards Governing Landfills (Type I and II)                        Environmental Quality, Office of Water Resources, LR 11:1066
  A. – D.1.h. …                                                            (November 1985), amended by the Office of the Secretary, LR
          i. No solid waste shall be deposited in standing                 22:344 (May 1996), amended by the Office of Environmental
water, and standing water in contact with waste shall be                   Assessment, Environmental Planning Division, LR 26:2273
removed immediately.                                                       (October 2000), LR 26:2538 (November 2000), amended by the
                                                                           Office of the Secretary, Legal Affairs Division, LR 31:2504
  D.1.j. – F.3.d. …                                                        (October 2005), LR 33:2160 (October 2007), LR 34:1901
  AUTHORITY NOTE: Promulgated in accordance with R.S.                      (September 2008).
30:2001 et seq.
  HISTORICAL NOTE: Promulgated by the Department of
                                                                           Chapter 11. Surface Water Quality Standards
Environmental Quality, Office of Solid and Hazardous Waste, Solid          §1123. Numerical Criteria and Designated Uses
Waste Division, LR 19:187 (February 1993), amended LR 19:1143                A. – E. …
(September 1993), repromulgated LR 19:1316 (October 1993),




                                                                    1901             Louisiana Register Vol. 34, No. 09 September 20, 2008
                                                Table 3. Numerical Criteria and Designated Uses
           A-Primary Contact Recreation; B-Secondary Contact Recreation; C-Fish And Wildlife Propagation; L-Limited Aquatic Life and
              Wildlife Use; D-Drinking Water Supply; E-Oyster Propagation; F-Agriculture; G-Outstanding Natural Resource Waters
                                                           Designated                            Numerical Criteria
           Code             Stream Description
                                                               Uses           CL      SO4    DO       pH         BAC     °C      TDS
                                                          Atchafalaya River Basin (01)
                                                                       ***
                                                       [See Prior Text in 010101 – 110701]
                                                             Terrebonne Basin (12)
                                                                       ***
                                                       [See Prior Text in 120102 – 120301]
         120302       Bayou Folse–From headwaters to
                                                            AB C D F          500      150   5.0    6.5-9.0        1     32      1,000
                              Company Canal
         120303      Bayou L’Eau Bleu–From Company
                                                              AB C            500      150   5.0    6.5-9.0        1     32      1,000
                              Canal to ICWW
                                                                       ***
                                                       [See Prior Text in 120304 – 120806]

  ENDNOTES:                                                                                Part XV. Radiation Protection
  [1] – [24] …
                                                                            Chapter 6.         X-Rays in the Healing Arts
   AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2074(B)(1).                                                              §609. X-Ray and Electron Therapy Systems with
   HISTORICAL NOTE: Promulgated by the Department of                                  Energies of 1 MeV and Above
Environmental Quality, Office of Water Resources, LR 15:738                   A. – E.1.a. ...
(September 1989), amended LR 17:264 (March 1991), LR 20:431                        b. the registrant or licensee shall obtain a written
(April 1994), LR 20:883 (August 1994), LR 21:683 (July 1995),               report of the survey from the qualified expert, and a copy of
LR 22:1130 (November 1996), LR 24:1926 (October 1998),                      the report shall be transmitted by the registrant or licensee to
amended by the Office of Environmental Assessment,                          the Office of Environmental Compliance within 30 days of
Environmental Planning Division, LR 25:2405 (December 1999),                receipt of the report; and
LR 27:289 (March 2001), LR 28:462 (March 2002), LR 28:1762
                                                                                   c. …
(August 2002), LR 29:1814, 1817 (September 2003), LR 30:1474
(July 2004), amended by the Office of Environmental Assessment,                  2. Calibrations shall be performed as follows:
LR 30:2468 (November 2004), LR 31:918, 921 (April 2005),                           a. the calibration of systems subject to this Section
amended by the Office of the Secretary, Legal Affairs Division, LR          shall be performed in accordance with an established
32:815, 816, 817 (May 2006), LR 33:832 (May 2007), LR 34:1901               calibration protocol acceptable to the department before the
(September 2008).                                                           system is first used for irradiation of a patient and thereafter
           Part XI. Underground Storage Tanks                               at intervals that do not exceed 12 months, and after any
Chapter 11.      Financial Responsibility                                   change that might significantly alter the calibration, spatial
§1139. Bankruptcy or Other Incapacity of Owner or                           distribution, or other characteristics of the therapy beam. The
          Operator or Provider of Financial Assurance                       calibration protocol published by the American Association
   A. – B. …                                                                of Physicists in Medicine is accepted as an established
   C. An owner or operator who obtains financial assurance                  protocol. For other protocols, the user shall submit that
by a mechanism other than the financial test of self-                       protocol to the Office of Environmental Compliance for
insurance will be deemed to be without the required                         written concurrence that the protocol is acceptable;
financial assurance in the event of a bankruptcy or                              2.b. – 3. ...
incapacity of its provider of financial assurance, or a                            a. the spot-check procedures shall be in writing and
suspension or revocation of the authority of the provider of                shall have been developed by a radiological physicist. A
financial assurance to issue a guarantee, insurance policy,                 copy of the procedure shall be submitted to the Office of
risk retention group coverage policy, surety bond, or letter of             Environmental Compliance prior to its implementation;
credit. The owner or operator must obtain alternate financial                    3.b. – 4.c....
assurance as specified in this Chapter within 30 days after                   AUTHORITY NOTE: Promulgated in accordance with R.S.
receiving notice of such an event. If the owner or operator                 30:2001 et seq.
does not obtain alternate coverage within 30 days after such                  HISTORICAL NOTE: Promulgated by the Department of
notification, he must notify the Office of Environmental                    Environmental Quality, Nuclear Energy Division, LR 13:569
                                                                            (October 1987), amended by the Office of Air Quality and
Assessment.                                                                 Radiation Protection, Radiation Protection Division, LR 19:1421
   D. …                                                                     (November 1993), amended by the Office of Environmental
   AUTHORITY NOTE: Promulgated in accordance with R.S.                      Assessment, Environmental Planning Division, LR 26:2586
30:2001 et seq.                                                             (November 2000), amended by the Office of the Secretary, Legal
   HISTORICAL NOTE: Promulgated by the Department of                        Affairs Division, LR 31:2532 (October 2005), LR 34:1902
Environmental Quality, Office of Solid and Hazardous Waste,                 (September 2008).
Underground Storage Tank Division, LR 16:614 (July 1990),
amended by the Office of Environmental Assessment,
Environmental Planning Division, LR 26:2562 (November 2000),                                              Herman Robinson, CPM
amended by the Office of Environmental Assessment, LR 31:1578                                             Executive Counsel
(July 2005), amended by the Office of the Secretary, Legal Affairs          0809#094
Division, LR 31:2522 (October 2005), LR 33:2174 (October 2007),
LR 34:1902 (September 2008).

Louisiana Register Vol. 34, No. 09 September 20, 2008                1902
                            RULE                                               5. If there is to be a permanent change made that
                                                                          increases emissions, all applicable requirements of this
          Department of Environmental Quality
                                                                          Chapter must be met. If emissions are to be reduced by the
                Office of the Secretary
                                                                          modification, the requirements of LAC 33:III.511 are
                 Legal Affairs Division
                                                                          applicable.
                                                                            AUTHORITY NOTE: Promulgated in accordance with R.S.
       Performance Testing Notifications and Reports                      30:2054.
            (LAC 33:III.523, 2107, 2108, 2511,                              HISTORICAL NOTE: Promulgated by the Department of
              2521, 2531, and 5113)(AQ294)                                Environmental Quality, Office of Air Quality and Radiation
                                                                          Protection, Air Quality Division, LR 19:1420 (November 1993),
   Under the authority of the Environmental Quality Act,                  amended by the Office of the Secretary, Legal Affairs Division, LR
R.S. 30:2001 et seq., and in accordance with the provisions               34:1903 (September 2008).
of the Administrative Procedure Act, R.S. 49:950 et seq., the             Chapter 21.       Control of Emission of Organic
secretary has amended the Air regulations, LAC 33:III.523,                                  Compounds
2107, 2108, 2511, 2521, 2531, and 5113 (Log #AQ294).                      Subchapter A. General
   This rule amends the variety of timeframes in the                      §2107. Volatile Organic Compounds―Loading
regulations for submitting reports of results following the                  A. – D.4. …
completion of performance testing so that all reports are due                E. Test Methods
60 days after the completion of testing. The 60-day                            1. Compliance with Subsection B of this Section shall
timeframe is consistent with other state policy testing                   be determined by applying the following test methods, as
requirements and with the majority of federal testing                     appropriate:
requirements. This rule also requires submittal of testing                       a. Test Methods 1-4 (40 CFR Part 60, Appendix A,
notifications to the department at least 30 days prior to                 as incorporated by reference in LAC 33:III.3003) for
testing, where testing is required in the regulations. This               determining flow rates, as necessary;
requirement is already located in several places in the                          b. Test Method 18 (40 CFR Part 60, Appendix A, as
regulations and is included as a general condition in all air             incorporated by reference in LAC 33:III.3003) for
permits issued by the department. These changes will make                 determining gaseous organic compounds emissions by gas
the regulations more consistent. Requiring all performance                chromatography;
testing reports to be submitted within the same timeframe                        c. Test Method 25 (40 CFR Part 60, Appendix A, as
reduces confusion for the regulated community. Currently,                 incorporated by reference in LAC 33:III.3003) for
the department receives many requests for extensions to                   determining total gaseous non-methane organic emissions as
submit test results, especially for test results that are due             carbon;
within 30 days of testing. Thirty days can be a difficult                        d. Test Method 25A or 25B (40 CFR Part 60,
timeframe in which to prepare a report or results, especially             Appendix A, as incorporated by reference in LAC
for testing that involves several methods or scenarios.                   33:III.3003) for determining total gaseous organic
Increasing the timeframe will reduce the burden to facilities.            concentration using flame ionization or nondispersive
Clearly stating that notifications are required where testing is          infrared analysis; and
required in the regulations also reduces confusion and makes                     e. flaring devices, which shall be designed and
the regulations more consistent throughout and with air                   operated according to 40 CFR 60.18.
permits issued by the department. The basis and rationale for                  2. At least 30 days prior to performing any emission
this rule are to make the regulations more consistent and to              test, notification of testing shall be made to the Office of
incorporate into the regulations a requirement of all air                 Environmental Assessment to afford the department the
permits issued by the department. This rule meets an                      opportunity to conduct a pretest conference and to have an
exception listed in R.S. 30:2019(D)(2) and R.S.                           observer present.
49:953(G)(3);       therefore,      no     report    regarding                 3. Within 60 days of test completion, a copy of the test
environmental/health benefits and social/economic costs is                results shall be submitted to the Office of Environmental
required.                                                                 Assessment for review and approval.
                            Title 33                                         F. …
              ENVIRONMENTAL QUALITY                                         AUTHORITY NOTE: Promulgated in accordance with R.S.
                                                                          30:2054.
                         Part III. Air
                                                                            HISTORICAL NOTE: Promulgated by the Department of
Chapter 5.        Permit Procedures                                       Environmental Quality, Office of Air Quality and Nuclear Energy,
§523. Procedures f