§ 29:726.8 — Disability-Focused Disaster Preparedness and Response Fund and program

Louisiana § 29:726.8

• Jurisdiction: Louisiana
• Title 29: Minerals, Oil and Gas and Environmental Quality

Text

§726.8. Disability-Focused Disaster Preparedness and Response Fund and program
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 R.S. 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 Article VII, Section 9(B) of the Constitution of
Louisiana 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 R.S. 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.

Legislative History

Acts 2022, No. 706, §2, eff. July 1, 2023.