RÉSUMÉ DIGEST
ACT 548 (HB 388) 2018 Regular Session Hodges
Existing 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.
New law retains existing law and adds a similar limitation of liability applicable to other
volunteers.
Existing 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.
New law extends the application of existing law to registered and credentialed volunteer
organizations and private entities contracted with the state or local governments.
New 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.
New 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.
New 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.
Effective August 1, 2018.
(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))