§ 29:725 — State emergency and disaster agency; powers of director; officers of the agency

Louisiana § 29:725

• Jurisdiction: Louisiana
• Title 29: Minerals, Oil and Gas and Environmental Quality

Text

§725. State emergency and disaster agency; powers of director; officers of the agency
A. The Governor's Office of Homeland Security and Emergency Preparedness,
hereafter referred to in this Chapter as GOHSEP, is hereby established within the Military
Department, state of Louisiana.
B. The governor shall designate the Governor's Office of Homeland Security and
Emergency Preparedness within the Military Department as the state homeland security and
emergency preparedness agency. The office shall have authority for and shall be responsible
for its own accounting and budget control, procurement and contract management, personnel
management, and grants management and shall carry out these functions through the Military
Department, which shall have authority to enter into contracts and agreements necessary in
carrying out the office's functions and responsibilities.
C.(1) There shall be a director of the Governor's Office of Homeland Security and
Emergency Preparedness who shall be employed by and report directly to the adjutant
general. He shall administer the state emergency preparedness agency as provided in this
Chapter. The director shall serve at a salary fixed by the adjutant general.
(2) The director shall have had at least ten years of emergency management
experience or equivalent experience in emergency operations.
D. The director may adopt and promulgate, pursuant to the Administrative Procedure
Act, such rules and regulations as are necessary to implement his authority under the
provisions of this Chapter and such authority as the governor shall delegate to him pursuant
to the provisions of this Chapter.
E. The director shall employ a deputy director and may employ additional deputies
and assistants as may be necessary to carry out the functions of the office, including but not
limited to homeland security, emergency preparedness, and recovery. Each deputy or
assistant shall have and may exercise such powers and duties of the director as the director
shall delegate to him.
F. The director shall, in addition to other staff, appoint regional coordinators and may
appoint assistant coordinators for each homeland security and emergency preparedness
region throughout the state, as provided by R.S. 29:726(E)(21) to assist each of the parish
offices of homeland security and emergency preparedness in the administration of the
provisions of this Chapter.
G.(1) The director may employ such professional, technical, clerical, stenographic,
and other personnel, and he shall fix their compensation and may make expenditures from
available funds appropriated for the Governor's Office of Homeland Security and Emergency
Preparedness or other funds made available to him for purposes of homeland security and
emergency preparedness as may be necessary to carry out the purposes of this Chapter.
During a gubernatorially declared disaster or emergency, the director shall have the authority
to expend funds for emergency protective measures even if there is no budget authority of
funds available. The director, the deputy director, and the assistant deputy directors, if
appointed, shall be provided with the necessary and appropriate office space, furniture,
equipment, supplies, stationery, and printing. The necessary mileage, office expenses,
salaries of personnel, postage, telephone, and expressage shall be chargeable to any funds
available for homeland security and emergency preparedness.
(2) All current and future employees of the Governor's Office of Homeland Security
and Emergency Preparedness shall be subject to the laws, rules, and regulations governing
employees in unclassified state service. Such employees shall remain in unclassified state
service.
H. The director, subject to the direction and control of the governor, acting through
the adjutant general, shall be the executive head of the state homeland security and
emergency preparedness agency and as such shall be responsible for carrying out the
programs for homeland security and emergency preparedness for the state of Louisiana. For
actions related to a gubernatorially declared disaster or emergency, the agency and director
shall report to the governor or a person designated by the governor for that purpose. He shall
coordinate the activities of all agencies and organizations for homeland security and
emergency preparedness within the state and shall maintain liaison with and cooperate with
homeland security and emergency preparedness agencies and organizations of other states
and of the federal government. He shall coordinate public-private sector relationships in
order to meet the needs of an emergency or disaster pursuant to R.S. 29:726. All state
agencies and departments shall comply with directives from the Governor's Office of
Homeland Security and Emergency Preparedness relating to emergency planning and
operations. He shall coordinate the implementation of the Emergency Management
Assistance Compact pursuant to R.S. 29:733. The provisions of this Subsection shall not
supersede the powers, duties, or authority of the Department of Public Safety and
Corrections, office of state police.
I. The Governor's Office of Homeland Security and Emergency Preparedness shall
operate pursuant to rules developed, adopted, and promulgated as provided for state agencies
in the Administrative Procedure Act. Such rules shall be subject to the authority of the
legislature to oversee their development as provided in such Act and for such purpose shall
be submitted to the Senate Committee on Homeland Security and the House Committee on
Homeland Security.
J. The director shall provide a working space for a liaison from each house of the
legislature selected by the chairman of the Senate Committee on Homeland Security and
selected by the chairman of the House Committee on Homeland Security, respectively, on
the floor of the state emergency operations center with same access to areas and briefings
given to the unified command group. He shall coordinate with the chairman of the Senate
Committee on Homeland Security and the chairman of the House Committee on Homeland
Security to include a role of support for the legislature within the Emergency Operations Plan
(EOP) and to provide for an Emergency Support Function (ESF) for the legislature.
K.(1) The office of interoperability shall be headed by an assistant deputy director
of interoperability who shall be in the unclassified service. The assistant deputy director may
delegate authority to such designees or to any governmental body as the assistant deputy
director may deem appropriate within the limitations of state and federal laws, rules, and
regulations. The assistant deputy director of interoperability may promulgate rules and
regulations to carry out the provisions of R.S. 29:725.1 through 725.4.
(2) The assistant deputy director of interoperability shall work in conjunction with
the state Unified Command Group and interoperability subcommittee to develop, implement,
and maintain a secure interagency communication across jurisdictional and geographic
boundaries to enable end users to access authorized information when and how they need it
as identified in the statewide interoperability plan and statewide communications
interoperability plan for first responders.
(3) The assistant deputy director of interoperability shall perform the following
functions:
(a) Serve as chairman of the interoperability subcommittee.
(b) Serve as the state liaison for interoperability.
(c) Administer the statewide communications interoperability plan in coordination
with the chief information officer or his designee.
(d) Partner with local, state, and federal officials to achieve emergency response
interoperability in every parish throughout the state.
(e) Leverage existing local, state, and federal efforts, including assets and resources,
to ensure better coordination and accountability for activities including but not limited to
research and development, testing and evaluation, standards, technical assistance, training,
and funding for interoperability.
(f) Support the creation of interoperability standards.
(g) Submit recommendations to the legislature relative to any changes in state law
necessary to remove barriers to achieving communications interoperability.
(h) Provide an update to the Joint Legislative Committee on the Budget no later than
August first of each year on upgrades made to the Louisiana Wireless Information Network
system and resiliency and redundancy plans for the system.

Legislative History

Acts 1993, No. 800, §1, eff. June 22, 1993; Acts 2003, No. 40, §2, eff. May 23, 2003; Acts 2006, 1 st Ex. Sess., No. 35, §1, eff. March 1, 2006; Acts 2006, No. 442, §§1, 3, eff. June 15, 2006; Acts 2008, No. 122, §1; Acts 2018, No. 713, §1; Acts 2022, No. 526, §1, eff. June 16, 2022; Acts 2025, No. 262, §1.