§4276.1.  Volunteer forest fire and wildfire fighters

A.  As used in this Section, the following terms shall have the following meanings ascribed to them:

(1)  "Direct supervision" means giving direction or instruction to and accepting responsibility for the work product of the person being supervised.

(2)  "Financial loss" means and includes court costs, judicial interest, monetary damages, and attorney fees.

(3)  "Person" means any individual, corporation, partnership, association, or other legal entity.

B.  The state forester may conduct courses of instruction in the proper techniques for safety and efficiently suppressing forest fires and wildfires.  Each individual who successfully completes the course of instruction shall be issued a certificate.

C.  The state forester may enter into agreements with any person to obtain volunteer assistance in responding to forest fires or wildfires from individuals who hold, or are working under the direct supervision of individuals who hold a certificate issued under this Section.

D.  The provisions of this Section shall not create an employer-employee relationship between the state of Louisiana and any person who takes any action under this Section, including but not limited to attending a course of instruction, receiving a certificate, entering into an agreement, or providing volunteer assistance.

E.  It is hereby declared to be the public policy of this state that the state shall hold harmless and indemnify each person who provides volunteer assistance under this Section from any financial loss arising out of any claim, demand, suit, or judgment in any court by reason of the alleged negligence of any individual who, at the time the damages were sustained, was providing volunteer assistance under this Section and held, or was working under the direct supervision of an individual who held a certificate issued under this Section.  The provisions of this Subsection shall not apply to damages arising out of any intentional wrongful act or any act of gross negligence.

F.  The state forester shall adopt rules and regulations to implement this Section.  All rules and regulations shall be adopted in accordance with the Administrative Procedure Act.

Acts 1985, No. 651, §1, eff.  July 16, 1985.