§ 29:735.4 — Registry of disaster volunteers; credentialing

Louisiana § 29:735.4

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

Text

§735.4. Registry of disaster volunteers; credentialing
A.(1) The Governor's Office of Homeland Security and Emergency Preparedness
may establish a registry of volunteers pursuant to the provisions of this Section. Volunteers
included in the registry may be deployed by either the Governor's Office of Homeland
Security and Emergency Preparedness or the parish office of homeland security and
emergency preparedness.
(2) The Governor's Office of Homeland Security and Emergency Preparedness may
provide credentials for volunteers including the issuance of an identification card or badge
identifying the person as a volunteer. The credentialing requirements may differ depending
upon the type of volunteer work being provided and shall include, at a minimum, a check on
the state sex offender and child predator registry pursuant to R.S. 15:542.1.5 and the Dru
Sjodin National Sex Offender public website. Depending upon the mission of the volunteer,
the volunteer may be required to submit a copy of the results of a federal and state
background check. Whether or not a federal and state background check is required will be
expressly identified in the memorandum of understanding between the volunteer agency and
the deploying office of homeland security and determined on the basis of public safety. If
a federal and state background check is required, the volunteer must be fingerprinted and
fingerprints shall be forwarded by the bureau to the Federal Bureau of Investigation (FBI)
for a national criminal history record check. FBI records may be used to screen the
background of an applicant. All records in the state repository shall be released to include
arrests, convictions, and expunged information. The costs of background checks shall be
borne either by the volunteer or its affiliated volunteer agency.
(3) For purposes of this Section, the term "volunteer" shall mean an individual who
donates labor through a nonprofit organization that is registered and approved by the state
as a private, nonprofit, tax-exempt organization pursuant to 26 U.S.C. 501(c).
B. Volunteers registered and credentialed by the Governor's Office of Homeland
Security and Emergency Preparedness or a parish office of homeland security and emergency
preparedness:
(1) Shall be treated as unpaid agents of the state or parish when they are in the course
and scope of their deployment by the Governor's Office of Homeland Security and
Emergency Preparedness or a parish office of homeland security and emergency
preparedness.
(2) Shall make every effort when deployed to coordinate with local officials.
(3) May share and receive state and parish commodities at the discretion of the
director of the Governor's Office of Homeland Security and Emergency Preparedness
pursuant to R.S. 29:726 and R.S. 33:4712.18.
C. Volunteers in this Section shall not be considered public employees and thus shall
not be subject to the provisions of Title 42.
D. The Governor's Office of Homeland Security and Emergency Preparedness may
promulgate rules pursuant to the Administrative Procedure Act to implement the provisions
of this Section.
E. Individuals desiring to volunteer for cyber response and recovery support efforts
must meet all of the following qualifications:
(1) Be eighteen years of age or older.
(2) Be a resident of the state.
(3) Have no criminal convictions or arrests aside from minor traffic violations.
(4) Not be identified on any national criminal registry including but not limited to
the National Sex Offender Registry.
(5) Have a verifiable educational or professional background in information
technology services or information security and assurance.

Legislative History

Acts 2018, No. 548, §2; Acts 2020, No. 355, §1.