Louisiana Revised Statutes 29:726.8 – Disability-Focused Disaster Preparedness and Response Fund and program
NOTE: §726.8 eff. upon an Act of the Louisiana Legislature containing a specific appropriation of monies for the implementation of Act 706 of the 2022 Regular Session becomes effective. See Acts 2022, No. 706.
Terms Used In Louisiana Revised Statutes 29:726.8
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Costs: includes any expense or expenditure directly or indirectly related to the sale of a good or provision of a service or the operation of the person's business. See Louisiana Revised Statutes 29:723
- Disaster: means the result of a natural or man-made event which causes loss of life, injury, and property damage, including but not limited to natural disasters such as hurricane, tornado, storm, flood, high winds, and other weather related events, forest and marsh fires, and man-made disasters, including but not limited to nuclear power plant incidents, hazardous materials incidents, oil spills, explosion, civil disturbances, public calamity, acts of terrorism, hostile military action, and other events related thereto. See Louisiana Revised Statutes 29:723
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A.(1) The legislature hereby creates in the state treasury a special fund to be known as the “Disability-Focused Disaster Preparedness and Response Fund”. The fund shall consist of monies deposited pursuant to La. Rev. Stat. 27:625(G)(5); any additional monies transferred to the fund by the legislature; and any monies designated for the fund and received by the state treasurer from donations, gifts, or grants. Monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund. Interest earned on the investments of monies in the fund shall be deposited in and credited to the fund following compliance with applicable requirements of La. Const. Art. VII, § 9(B) relative to the Bond Security and Redemption Fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
(2) The monies in the Disability-Focused Disaster Preparedness and Response Fund shall be used solely for the purposes provided for in this Section and only in the amounts appropriated by the legislature.
(3) GOHSEP may utilize no more than three percent of the monies annually deposited into the fund pursuant to La. Rev. Stat. 27:625(G)(5) for administrative costs, including costs of grant administration.
B. As used in this Section, the following terms have the meaning ascribed to them in this Subsection:
(1) “DACE” means a disability assessment and coordination entity.
(2) “Person with a disability” means any person with access and functional needs across the life span, including persons who are elderly.
C. The purpose of this Section is to address particular identified needs of people with disabilities affected by disasters through assessment of individual needs, coordination of resources to meet those needs, and training of personnel to competently and effectively identify needs through appropriate assessment methods and to proficiently coordinate with the proper entities that provide necessary services, thereby establishing an effective network that will identify people who need disability-related resources in disaster periods and ensure that those who need help will be connected to those who can provide help.
D. GOHSEP shall contract with a DACE whose director possesses the qualifications required by Subsection F of this Section. The DACE shall perform all of the following functions:
(1) Work with GOHSEP to develop a statewide plan which shall include but not be limited to all of the following elements:
(a) Conduct individual assessments of needs of people with disabilities in shelters and areas impacted by disasters.
(b) Provide training that addresses meeting the needs of people with disabilities impacted by disasters to disability stakeholders, other entities that serve people with disabilities, and government agencies.
(c) Enhance cooperation between the entities identified in Subparagraph (b) of this Paragraph so that the needs of people with disabilities relating to disaster preparedness and response will be met.
(d) Where necessary, directly meet the needs of people with disabilities impacted by disasters.
(2) Administer the initial implementation of the plan provided for in this Subsection.
(3) Administer the plan provided for in this Subsection on an ongoing basis.
(4) Conduct individual needs assessments for people with disabilities.
(5) Coordinate with state and local governmental entities, disability stakeholders, and affected individuals with disabilities or their representatives to meet individual needs identified in assessments.
(6) Directly meet the needs of people with disabilities impacted by disasters in instances in which no other option for furnishing of such assistance is available.
(7) Provide necessary training to GOHSEP to meet the needs of people with disabilities that are impacted by disasters.
(8) Maintain staffing necessary to administer the plan provided for in this Subsection.
(9) Collect data relative to the activities conducted pursuant to this Section and provide an annual report to GOHSEP.
E. All state and local governmental agencies with which the DACE engages in carrying out its functions shall work collaboratively with the DACE.
F. The director of the DACE shall possess all of the following qualifications:
(1) At least two years of experience in each of the following:
(a) A leadership role in community-based disability-related nonprofit organizations in Louisiana.
(b) The role of appointed member of a statewide disability-related council in Louisiana.
(c) Disaster response with a focus on people with disabilities.
(d) Employment at a Louisiana state agency with a focus on people with disabilities.
(e) Employment in the field of special education.
(f) Employment at an administrative level with a home- and community-based service provider licensed by the Louisiana Department of Health.
(2) A master’s degree or above in education, health care, or social services.
G.(1) GOHSEP shall seek federal reimbursement for eligible disaster-related expenses incurred in the provision of resources and services to people with disabilities affected by disasters as authorized by the provisions of this Section.
(2) GOHSEP may enter into a contract, memorandum of understanding, or any other type of agreement with the DACE for the purpose of securing federal reimbursement for eligible disaster-related expenses.
Acts 2022, No. 706, §2, see Act.