HLS 24RS-1254 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 772
BY REPRESENTATIVE ZERINGUE
EMERGENCY PREPAREDNESS: Provides relative to cemetery emergency assistance and
disaster relief
1 AN ACT
2To amend and reenact R.S. 29:726.4(A), (D), (E), and (F) and to enact R.S. 29:726.4(I),
3 relative to cemetery emergency assistance and disaster relief; to amend the Louisiana
4 Cemetery Response Task Force; to provide for its powers, duties, and functions; to
5 provide for certain terms and procedures; to provide for an effective date; and to
6 provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 29:726.4(A), (D), (E), and (F) are hereby amended and reenacted and
9R.S. 29:726.4(I) is hereby enacted to read as follows:
10 ยง726.4. Statewide Louisiana Cemetery Response Task Force; authority and
11 responsibilities
12 A. The Statewide Louisiana Cemetery Response Task Force is hereby
13 established to assess response and recovery needs related to cemeteries during any
14 emergency declaration by the state or any parish thereof.
15 * * *
16 D. The task force shall be activated at the request of the director of the
17 Governor's Office of Homeland Security and Emergency Preparedness at the call of
18 its elected chairman when the state or a parish has issued an emergency declaration
19 and there is evidence that damage has occurred to a cemetery.
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HB NO. 772
1 E. Upon activation, the task force shall complete and submit within
2 seventy-two hours a preliminary assessment of the known impacts to cemeteries as
3 a result of the emergency event to the director of the Governor's Office of Homeland
4 Security and Emergency Preparedness. Such assessments shall be updated from time
5 to time as additional information is acquired.
6 F. The Statewide Cemetery Response Task Force task force shall have the
7 following powers and duties:
8 (1) Determine whether response and recovery efforts related to cemeteries
9 is necessary.
10 (2) When a response is necessary, make recommendations for the nature of
11 the response.
12 (3) Provide subject matter expertise as requested during the response.
13 (4) May direct Direct available state, parish, and local resources for the
14 response.
15 (5) Coordinate with any relevant federal agencies on cemetery impacts
16 response and recovery.
17 (6) Coordinate with any impacted parish or local governments on the
18 cemetery impacts response and recovery.
19 (7) Coordinate with any non-governmental organizations, funeral directors,
20 monument and vault companies, churches, cemetery authorities, associations,
21 individuals, and vendors involved in the cemetery impacts response and recovery.
22 (8) Advise the director of the Governor's Office of Homeland Security and
23 Emergency Preparedness of any public health or other concerns related to disinterred
24 remains for which the person responsible for disposition cannot be located.
25 (9) Be exempted from any requirements under R.S. 40:52 through 54 and
26 any successor laws thereof.
27 (10) Be authorized to access records as set forth in R.S. 40:2020(D)(1) and
28 any successor law thereof, subject only to the limitations set forth in R.S. 44:4, R.S.
29 44:4.1(26), or any applicable federal law.
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HB NO. 772
1 (11) Be subject to the confidentiality mandates set forth in R.S. 15:660 and
2 any successor law thereof.
3 (12) Be authorized to retain and test materials as set forth in R.S.
4 13:5713(4)(b) or any successor law thereof, pursuant to an order of a court of
5 competent jurisdiction or to consent pursuant to R.S. 8:655 or any successor law
6 thereof.
7 (13) Have discretion to direct deviations from requirements to repair and
8 restore grave spaces or wall vaults to original condition as set forth in R.S. 8:308,
9 R.S. 8:903, and R.S. 8:903.1 or any successor laws thereof.
10 (14) Have a right of action and a cause of action to file suit in its own name
11 against private parties for the recovery of federal cemetery recovery funds not
12 allocated according to federal law, regulation, and policy and against individuals or
13 juridical persons for specific performance of the recovery and repair work for which
14 they received such funds.
15 (15) Have the authority to draft and pass regulations to effectuate the
16 provisions of this Section.
17 (16) Provide for the permanent archiving of its final identification records.
18 * * *
19 I. The task force shall be activated at the discretion of its chairman to direct
20 or supplement efforts in the search for human remains associated with cold case
21 disinterments and mass fatality events. Such activation shall be ongoing from the
22 effectiveness of this law and the task force shall have the same powers and duties set
23 forth in Part F of this Section with the exception that, in the event of an activation
24 under this Part, the task force's authority shall be subject to the direction of the
25 relevant incident commander, if any.
26 Section 2. This Act shall become effective upon signature by the governor or, if not
27signed by the governor, upon expiration of the time for bills to become law without signature
28by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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HB NO. 772
1vetoed by the governor and subsequently approved by the legislature, this Act shall become
2effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 772 Original 2024 Regular Session Zeringue
Abstract: Provides relative to cemetery emergency assistance and disaster relief.
Present law provides for the Statewide Cemetery Response Task Force.
Proposed law changes the name of the task force.
Present law provides that the task force shall be activated at the request of the director of the
GOHSEP when the state or a parish has issued an emergency declaration and there is
evidence that damage has occurred to a cemetery.
Proposed law retains present law but changes the designated person to activate the task force
to the elected chairman of the task force.
Proposed law provides relative to the powers and duties of the task force. Provides
exemptions to the task force relative to the vital records registry.
Proposed law requires that the task force be subject to the confidentiality mandates relative
to the La. Repository for Unidentified and Missing Persons Information Program.
Proposed law requires the task force to retain and test materials relative to autopsies or any
successor law thereof, pursuant to an order of a court of competent jurisdiction or to consent
to right of disposing of remains in present law.
Proposed law provides the task force discretion to direct deviations from requirements to
repair and restore grave spaces or wall vaults to original condition in present law.
Proposed law provides the task force a right of action and a cause of action to file suit in its
own name against private parties for the recovery of federal cemetery recovery funds not
allocated according to federal law, regulation, and policy and against individuals or juridical
persons for specific performance of the recovery and repair work for which they received
such funds.
Proposed law authorizes the task force to draft and pass regulations to effectuate the
provisions of proposed law.
Proposed law requires the task force to provide for the permanent archiving of its final
identification records.
Proposed law authorizes the task force to be activated at the discretion of its chairman to
direct or supplement efforts in the search for human remains associated with cold case
disinterments and mass fatality events upon effectiveness of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 29:726.4(A), (D), (E), and (F); Adds R.S. 29:726.4(I))
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