§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.

Acts 2018, No. 548, §2.