GREEN SHEET REDIGEST
HB 388 2018 Regular Session Hodges
HOMELAND SECURITY: P rovides relative to emergency management
DIGEST
Present law provides a limitation of liability for the National Voluntary Organizations Active
in Disaster or its member organizations who gratuitously render disaster relief or recovery
services, except for acts involving gross negligence or willful and wanton misconduct.
Proposed law adds a similar limitation of liability applicable to other volunteers.
Present law provides for the Emergency Management Assistance Compact which, in part,
provides that officers or employees of a state, political subdivisions, or local governments
rendering aid to another state pursuant to the compact shall be considered agents of the
requesting state for purpose of liability and immunity.
Proposed law extends the application of present law to private entities contracted with the
state or local government and registered and credentialed volunteer organizations.
Proposed law authorizes the Governor's Office of Homeland Security and Emergency
Preparedness (GOHSEP) to establish a registry of volunteers to be deployed either by
GOHSEP or the parish office of homeland security and emergency preparedness. Defines
"volunteer" and authorizes GOHSEP to provide credentials, including identification cards
or badges for volunteers. Requires, at a minimum, a check of volunteers on the state sex
offender and child predator registry. A federal and state background check may be required
in some circumstances, depending upon the mission of the volunteer. Requires the costs of
the background check to be paid by the volunteer or his affiliated agency.
Proposed law provides that registered and credentialed volunteers shall be treated as unpaid
agents of the state or parish when acting in the course and scope of their deployment. Further
requires them to make every effort when deployed to coordinate with local officials, and
allows them to receive certain commodities at the discretion of the director of GOHSEP.
Proposed law further provides that GOHSEP may coordinate the sharing of equipment
between public and private entities to meet the needs of an emergency or disaster.
(Amends R.S. 9:2793.8, R.S. 29:733(C)(Art. 6), and R.S. 33:4712.18(A)(3); Adds R.S.
29:735.4 and R.S. 42:1102(18)(b)(iii))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Modify the proposed law limitation of liability to apply to volunteers, instead of
volunteer agencies gratuitously rendering disaster relief or recovery services.
2. Remove proposed law authorizing volunteers to make claims if they suffer
damage to their property or expend funds to accomplish an assigned mission, and
to receive state or parish commodities.
3. Require volunteers to make every effort to coordinate with local officials.
4. With respect to proposed law protections for volunteers who take leave from
employment:
(a)Provide an exception from proposed law for peace officers.
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Prepared by Ashley Menou. (b)Change the proposed law protections applicable to public officers and
employees to leave without pay.
(c)Change the proposed law protections applicable to private employees to
authorize leave not to exceed five days, instead of fifteen days.
(d)Provide that no volunteer firefighter shall be denied leave, work-related
benefits, or employment for absenting himself from the volunteer fire
department for the purpose of emergency response not to exceed five days
per declared disaster.
5. Modify the definition of "volunteer" to include individuals who donate labor
through a nonprofit organization registered and approved by the state as a private,
nonprofit, tax-exempt organization pursuant to 26 U.S.C. 501(c), instead of 26
U.S.C. 501(c)(3).
The House Floor Amendments to the engrossed bill:
1. Remove proposed law provisions applicable to volunteers who take leave from
their public or private employment, except with respect to firefighters who take
leave from public employment.
2. Clarify that a volunteer may be required to submit a copy of the results of a
federal or state background check.
3. Provide that volunteers registered and credentialed pursuant to proposed law shall
be treated as unpaid agents of the state or parish when in the course and scope of
their deployment, and remove the qualification that they are to be treated as
unpaid agents for purposes of liability only.
4. Make technical amendments.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Makes technical amendments.
2. Removes provisions regarding volunteer firefighters' right to receive leave and
work-related benefits during an emergency for the purpose of emergency
response.
3. Extends application of the Emergency Assistance Compact provisions regarding
what persons shall be considered agents of the requesting state for purposes of
tort liability and immunity to private entities contracted with the state or a local
government.
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Prepared by Ashley Menou.