HB1426: HB1426 Peace officers; training in evacuation of persons with disabilities during an emergency; provide

26 LC 63 0116 House Bill 1426 By: Representatives Flournoy of the 74th, Kendrick of the 95th, Beckles of the 96th, and Ali of the 106th A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to1 employment and training of peace officers, so as to provide for training in the evacuation of2 persons with disabilities during an emergency; to amend Chapter 3 of Title 38 of the Official3 Code of Georgia Annotated, relating to emergency management, so as to provide for4 emergency evacuation procedures for persons with disabilities, subject to appropriations; to5 provide for a voluntary and confidential registry of persons with disabilities; to provide for6 accessible emergency shelters; to provide guidelines for emergency transportation providers;7 to provide for emergency evacuation coordination between state agencies; to provide for8 immunity; to provide for rules and regulations; to provide for definitions; to provide for9 legislative findings and declarations; to provide for related m atters; to repeal conflicting10 laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 The General Assembly finds and declares that:14 H. B. 1426 - 1 - 26 LC 63 0116 (1) Individuals with disabilities often face unique challenges during emergency15 evacuations, including, but not limited to, accessibility barriers, communication difficulties,16 and reliance on specialized equipment and assistance;17 (2) Existing emergency preparedness plans may not adequately address the specific needs18 of this vulnerable population, leading to disproportionate risks and potential harm; and19 (3) It is the intent of the General Assembly to establish a comprehensive framework that20 ensures the safety and well-being of individuals with disabilities during emergencies and21 balances proactive measures with efficient resource allocation and individual liberty.22 SECTION 2.23 Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and24 training of peace officers, is amended by adding a new Code section to read as follows:25 "35-8-28.26 (a) On and after January 1, 2027, all peace officers shall be required to successfully27 complete training in emergency evacuations of persons with disa bilities as set forth in28 Article 13 of Chapter 3 of Title 38.29 (b) Such training shall include:30 (1) Instruction on the different types of disabilities and the impact of such disabilities31 during an emergency;32 (2) Techniques for effective communication with persons with disabilities;33 (3) Safe evacuation methods for persons with disabilities;34 (4) Equipment needs during evacuations of persons with disabilities;35 (5) Rights and protections of service animals; and36 (6) Cultural competency in assisting persons with disabilities.37 (c) The council shall develop and implement or approve a train ing program under this38 Code section in collaboration with the Georgia Emergency Manage ment and Homeland39 Security Agency and nonprofit organizations with proven expertise in disabilities."40 H. B. 1426 - 2 - 26 LC 63 0116 SECTION 3.41 Chapter 3 of Title 38 of the Official Code of Georgia Annotated , relating to emergency42 management, is amended by creating a new article to read as follows:43 "ARTICLE 1344 38-3-200.45 As used in this article, the term:46 (1) 'Accessible shelter' means an emergency shelter that complies with the accessibility47 guidelines set forth in the federal Americans with Disabilities Act of 1990, as amended48 by the federal ADA Amendments Act of 2008, 42 U.S.C. Section 12102, and is equipped49 to meet the functional needs of persons with disabilities.50 (2) 'Disability' shall have the same meaning as provided for i n the federal Americans51 with Disabilities Act of 1990, as amended by the federal ADA Amendments Act of 2008,52 42 U.S.C. Section 12102.53 (3) 'Emergency' means an event or condition that is deemed a s tate of emergency or54 disaster under Code Section 38-3-51, a public health emergency under Code Section55 31-12-1.1, a local emergency under Code Section 36-69-2, or an emergency declared by56 a state entity or official or by a federal entity or official, if such emergency includes this57 state, under any other provision of state or federal law.58 (4) 'Emergency transportation provider' means a transportation service or vehicle used59 to transport a person with disabilities during an emergency.60 (5) 'First responder' means a firefighter as defined in Code S ection 25-4-2, a peace61 officer as defined in Code Section 35-8-2, or an emergency medical technician as defined62 in Code Section 16-10-24.2.63 (6) 'Registry' means the emergency disability registry established under this article.64 H. B. 1426 - 3 - 26 LC 63 0116 (7) 'Service animal' means an animal that is specially trained to assist a person with65 disabilities in performing daily tasks. Such term shall include guide dogs.66 67 38-3-201.68 (a) An emergency disability registry shall be created and main tained by the Georgia69 Emergency Management and Homeland Security Agency to provide fo r a state-wide70 registry of persons with disabilities who may require assistance during an emergency.71 (b) At the request of a person with a disability, the Georgia Emergency Management and72 Homeland Security Agency shall add such person to the registry and coordinate with such73 person's local first responder entities to establish an individualized emergency evacuation74 and transportation plan.75 (c) Participation in the registry is voluntary, and a person with a disability may request to76 be added to the registry or removed from the registry at any time.77 (d) The registry shall include the following information regar ding the person with a78 disability:79 (1) Such person's name, address, and phone number;80 (2) Name, address, and phone number of such person's emergency contact;81 (3) Nature of such person's disability and specific functional needs, including, but not82 limited to, any medical needs that are relevant to an emergency response;83 (4) A notation as to whether such person has a service animal; and84 (5) Such person's individualized evacuation and transportation plan under subsection (b)85 of this Code section.86 (e) All information contained in the registry shall be confidential and accessible only to87 first responders.88 (f) The Georgia Emergency Management and Homeland Security Agency is authorized89 to promulgate rules and regulations necessary to implement and carry out the provisions90 of this article.91 H. B. 1426 - 4 - 26 LC 63 0116 (g) The Georgia Emergency Management and Homeland Security Agency shall implement92 a public awareness campaign about the registry.93 (h) The implementation of this article is subject to appropria tions from the General94 Assembly.95 38-3-202.96 (a) The Department of Human Services shall coordinate with the Georgia Emergency97 Management and Homeland Security Agency to identify and designate accessible shelters98 throughout the state that are appropriate for housing persons w ith disabilities during an99 emergency.100 (b) Accessible shelters designated under subsection (a) of this Code section shall include:101 (1) Restrooms and bathing facilities that are accessible to persons with disabilities;102 (2) Power outlets for essential medical devices;103 (3) Communication aids and interpreters as practicable;104 (4) Personnel trained to assist with evacuated persons with disabilities;105 (5) Transportation that is accessible to persons with disabilities; and106 (6) Animal-friendly accommodations for service animals, which shall remain with their107 handlers at all times.108 (c) No person who is blind or visually impaired shall be separated from his or her service109 animal during transport to and from an accessible shelter or during the time spent in any110 such shelter.111 38-3-203.112 Emergency transportation providers shall establish procedures to:113 (1) Safely transport persons with disabilities from their resi dences or other designated114 pickup locations to an appropriate accessible shelter;115 H. B. 1426 - 5 - 26 LC 63 0116 (2) Ensure the use of vehicles that are accessible to persons with disabilities and116 personnel who are trained to operate such vehicles and to assist persons with disabilities117 during an emergency; and118 (3) Maintain records to ensure that persons with disabilities who are evacuated to an119 accessible shelter are returned to their residence or other des ignated location once the120 emergency ends.121 38-3-204.122 (a) The Georgia Emergency Management and Homeland Security Agency shall lead all123 coordination efforts related to emergency evacuations of persons with disabilities.124 (b) A task force shall be created by the Georgia Emergency Management and Homeland125 Security Agency to assist with such coordination of efforts. Such task force shall include126 a representative from the Georgia Emergency Management and Home land Security127 Agency, the Department of Human Services, the Department of Tra nsportation, the128 Department of Public Health, and a local first responder entity.129 (c) The task force shall consult with disability nonprofit org anizations with proven130 expertise in disabilities for guidance in evacuation planning.131 38-3-205.132 No person or entity shall be liable for any actions taken in good faith under this article."133 SECTION 4.134 All laws and parts of laws in conflict with this Act are repealed.135 H. B. 1426 - 6 -