GREEN SHEET REDIGEST
HB 645 2018 Regular Session Zeringue
EMERGENCY PREPAREDNESS: Provides relative to emergency and disaster
management
DIGEST
Present law provides that the governor may declare a state of disaster or emergency by
executive order or proclamation. Further provides that the state of disaster or emergency
cannot continue for longer than 30 days unless renewed by the governor.
Proposed law retains present law but removes the 30-day limitation.
Present law provides for the powers and duties of the director of the Governor's Office of
Homeland Security and Emergency Preparedness (GOHSEP), including the duty to
coordinate the activities of all agencies and organizations for purposes of homeland security
and emergency preparedness.
Proposed law retains present law and requires the director to coordinate public-private sector
relationships to meet the needs of an emergency or disaster, and to coordinate the
implementation of the Emergency Management Assistance Compact.
Present law provides for the office of interoperability within GOHSEP and provides for the
authority of the office in managing interoperability programs and efforts identified in the (1)
statewide interoperability plan and (2) statewide communications interoperability plan for
first responders. Further requires the Unified Command Group (UCG) to establish a
comprehensive statewide interoperability plan for short-term and long-term initiatives.
Proposed law consolidates the two plans referenced in present law, to be referred to as the
statewide communications interoperability plan.
Present law requires the UCG to provide semiannual reports to the governor and entities in
the statewide plan.
Proposed law changes the present law reporting requirement from a semiannual report to an
annual report.
Present law provides for three permanent subcommittees of the UCG.
Proposed law amends the membership of the first responders subcommittee and adds a fourth
subcommittee (the long term recovery subcommittee), and provides for its membership and
duties.
Proposed law creates a Statewide Cemetery Response Task Force and provides for its
membership, powers, and duties. Provides for the appointment of a chairman and of a
designee for each task force member. Provides that the task force, acting pursuant to
proposed law may not supplant the authority of an individual cemetery authority that seeks
to manage its own disaster response and communicates that desire in writing to the task
force.
Present law provides for powers of parish presidents in disasters or emergencies. Provides
for the declaration of a state of emergency by a parish president and provides that they may
be terminated by executive order or proclamation for a period of time not to exceed 30 days
unless extended by the parish president.
Proposed law retains present law but removes the 30-day limitation.
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Prepared by Ashley Menou. Present law provides for limitations of liability for certain employees and agents of the state
or political subdivisions in homeland security and emergency preparedness activities, except
in the case of willful misconduct.
Proposed law retains present law and provides that GOHSEP, each parish homeland security
and emergency preparedness agency, the state, political subdivisions of the state, and other
agencies engaged in homeland security, emergency preparedness, response and recovery
activities shall also be immune from claims based on the exercise or performance of, of the
failure to exercise or perform, certain homeland security and emergency preparedness
activities.
(Amends R.S. 29:724(B)(1), 725(H), 725.4, 725.5(C)(3), 725.6(B)(3), (5)(b) and (c),
(6)(intro. para.), (b)(ii)(cc) and (iii), and (c)(ii)(cc) and (7), 726(E)(9), 727(D), and
735(A)(1); Adds R.S. 9:2793.10 and R.S. 29:725.6(B)(6)(b)(i)(hh) and (d), 726(B)(16) and
(E)(27), (28), and (29), 726.4, and 735(A)(3); Repeals R.S. 29:725.6(B)(6)(a)(ii)(ff))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Require the Disaster Cemetery Response Task Force to appoint a chairman and
authorize each task force member to appoint a designee.
2. Add to the powers and duties of the task force to include coordination with
funeral directors and monument and vault companies.
3. Provide that the task force acting pursuant to proposed law may not supplant the
authority of an individual cemetery authority that seeks to manage its own
disaster response and communicates that desire in writing.
4. Specify that the task force may direct available parish and local resources for the
response under proposed law.
The House Floor Amendments to the engrossed bill:
1. Make technical amendments.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Removes 30 day limitation on a state of disaster or emergency declared by the
governor.
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Prepared by Ashley Menou.