2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:727. Powers of the parish president; penalties for violations

RS 29:727 - Powers of the parish president; penalties for violations
A. Each political subdivision within this state shall be within the jurisdiction of and served by the Governor's Office of Homeland Security and Emergency Preparedness for purposes of homeland security and emergency preparedness and by a parish homeland security and emergency preparedness agency responsible for emergency or disaster mitigation, preparedness, response, and recovery.
B. Each parish president is hereby authorized and directed to establish an office of homeland security and emergency preparedness for the respective parish.
C. Each parish president shall maintain a homeland security and emergency preparedness agency which, except as otherwise provided under this Chapter, has jurisdiction over and serves the entire parish.
D.(1) A local disaster or emergency may be declared only by the parish president, except as otherwise provided in this Chapter. In that event, the state of emergency shall continue until the parish president finds that the threat of danger has been dealt with to the extent that emergency conditions no longer exist. However, no state of emergency may continue for longer than thirty days unless extended by the parish president, and no continuous state of emergency may continue for a period of more than ninety days unless approved by the parish governing authority.
(2) The state of emergency may be terminated by executive order or proclamation. The state of emergency or disaster may be terminated by the governor, by a petition signed by a majority of the surviving members of either house of the legislature, or by a majority of the surviving members of the parish governing authority. The document terminating the state of emergency or disaster may establish a period during which no other declaration of emergency or disaster may be issued. The termination of a state of disaster or emergency pursuant to this Paragraph shall not affect changes to polling places for an election being conducted in accordance with R.S. 18:401.1 or 401.2.
(3) All executive orders or proclamations issued under this Subsection shall indicate the nature of the emergency, the area or areas which are or may be affected, and the conditions which brought it about. Any order or proclamation declaring, continuing, or terminating a local disaster or emergency shall be given prompt and general publicity and shall be filed promptly with the office of emergency preparedness and the office of the clerk of court.
E. Notwithstanding any other provision of this Chapter, when the parish president declares a local disaster or emergency within such subdivision the parish president shall carry out the provisions of this Chapter. Nothing contained herein shall be construed to confer upon the parish president any authority to control or direct the activities of any state agency. When the disaster or emergency is beyond the capabilities of the local government, the parish president shall request assistance from the Governor's Office of Homeland Security and Emergency Preparedness. The declaration of a local emergency will serve to activate the response and recovery program of the local government.
F. In addition to any other powers conferred upon the parish president by the constitution, laws, or by a home rule charter or plan of government, such authority may do any or all of the following:
(1) Suspend the provisions of any regulatory ordinance prescribing the procedures for conduct of local business, or the orders, rules, or regulations of any local agency, if strict compliance with the provisions of any ordinance, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency.
(2) Utilize all available resources of the local government as reasonably necessary to cope with the local disaster or emergency.
(3) Transfer the direction, personnel, or functions of local departments and agencies or units thereof for the purpose of performing or facilitating emergency services.
(4) Subject to any applicable requirements for compensation, commandeer or utilize any private property if he finds this necessary to cope with the local disaster. For purposes of this Paragraph, private property does not include firearms, ammunition, or components of firearms or ammunition.
(5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the boundaries of the parish if he deems this action necessary for mitigation, response, or recovery measures.
(6) Prescribe routes, modes of transportation, and destinations in connection with evacuation within the local government's jurisdiction.
(7) Control ingress and egress to and from the affected area, the movement of persons within the area, and the occupancy of premises therein.
(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles, excluding those components of firearm ammunition.
NOTE: See HCR 5 of the 2021 R.S. regarding the suspension of certain criminal penalties and restrictions related to religious assemblies through the 60th day after final adjournment of the 2022 R.S.
G. In the event of an emergency declared by the parish president pursuant to this Chapter, any person or representative of any firm, partnership, or corporation violating any order, rule, or regulation promulgated pursuant to this Chapter, shall be fined not more than five hundred dollars, or confined in the parish jail for not more than six months, or both.
H. No organization for homeland security and emergency preparedness established under this Chapter shall be employed directly or indirectly for political purposes.
I.(1) Each parish or police jury president, through the parish director of homeland security and emergency preparedness appointed pursuant to R.S. 29:728, shall form a parish emergency management advisory committee, to offer advice and counsel to the parish or police jury president on homeland security and emergency management issues set forth in the report prepared in accordance with Paragraph (4) of this Subsection. The parish or police jury president may consider the advice and counsel from the committee on such matters as planning, development, prioritization, coordination, and implementation of homeland security and emergency management issues to include but not be limited to homeland security and emergency management mitigation, preparedness, response and recovery, grant requests, and the expenditure of grant funds.
(2) The parish or police jury president shall serve as the chairperson of the committee or shall designate the parish director of homeland security and emergency preparedness to serve as the chairperson. If the parish or police jury president serves as the chairperson, the parish director of homeland security and emergency preparedness shall serve as vice chairperson of the committee.
(3)(a) At a minimum, the committee shall consist of the following for each parish:
(i) A fire chief from the parish as a representative of all the fire chiefs in the parish.
(ii) A chief executive officer from one of the municipalities of the parish, as a representative of all chief executive officers of the municipalities of the parish.
(iii) A police chief from the parish as a representative of all the police chiefs of the parish.
(iv) The sheriff of the parish or his designee.
(v) A senior executive from the emergency medical services community within the parish.
(b) The representatives of the fire chiefs, municipal chief executive officers, police chiefs, and emergency medical services shall be appointed to the committee by those persons holding the same position within the parish.
(4) The committee shall meet no less than twice per year and shall submit a report to the director of the Governor's Office of Homeland Security and Emergency Preparedness on or before April first of each year, commencing on April 1, 2010. The annual report shall address those issues identified by the director in consultation with the regional parish office of emergency preparedness parish directors' subcommittee pursuant to R.S. 29:725.6(B)(6)(c) by January first of each year.
(5) The requirement of the parish or police jury president to form a parish emergency advisory committee may be satisfied through any existing committee formed within the parish for the purpose of addressing the issues of homeland security and emergency preparedness provided that such existing committee meets the membership requirement set forth in Paragraph (3) of this Subsection.
(6) Nothing herein shall restrict or impair the rights and responsibilities of a parish or police jury president to respond to an emergency.
(7) Nothing herein shall restrict or impair the rights and responsibilities of a committee created by a parish police jury and other local agencies and municipalities pursuant to a joint services agreement to develop and implement a plan in response to an emergency.
Acts 1993, No. 800, §1, eff. June 22, 1993; Acts 2001, No. 1148, §1, eff. June 29, 2001; Acts 2003, No. 40, §2, eff. May 23, 2003; Acts 2006, 1st Ex. Sess., No. 35, §§1, 8, eff. March 1, 2006; Acts 2006, No. 442, §3, eff. June 15, 2006; Acts 2009, No. 524, §1; Acts 2018, No. 713, §1; Acts 2020, No. 325, §2; H.C.R. No. 5, 2021 R.S.; Acts 2022, No. 738, §1.