Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB411 Comm Sub / Analysis

                    The original instrument was prepared by James Benton. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Dawn Romero Watson.
DIGEST
Morrell (SB 411)
Proposed law provides that in the exercise of the police power of the state, to promote the public
welfare and safety, by providing better emergency medical services for residents and guests, the
state will provide supplemental pay for emergency medical service practitioners.
Proposed law provides that in addition to the compensation paid by any municipality or parish to
any EMS practitioner, every EMS practitioner employed full-time by any municipality or parish
which employs one or more EMS practitioners who devotes his full working time to emergency
medical services shall be paid by the state extra compensation in the amount of $500 per month
for each full-time EMS practitioner who has completed one year of service.
Proposed law provides that for purposes of proposed law, a municipal or parish EMS practitioner
entitled to additional pay out of state funds means any person employed on a full-time basis by a
municipality or parish and all of whose compensation out of public funds is paid solely from the
municipality or parish for full-time work as an EMS practitioner for the performance of primary
duties which encompass direct emergency medical response to provide prehospital emergency
care to the sick and injured.
Proposed law provides that notwithstanding any law to the contrary, the state will not be liable
for any action of the EMS practitioners based on the payments of the supplemental pay.
Proposed law provides that for the purposes of proposed law, an "emergency medical service
practitioner" or "EMS practitioner" means an individual who is a licensed emergency medical
responder, licensed emergency medical technician, licensed advanced emergency medical
technician, or a licensed paramedic.
Proposed law provides that for purposes of proposed law, the phrase "mayor or police jury
president" shall include the chief executive officer of a city-parish consolidated government.
Proposed law creates a special fund in the treasury for the payment of the supplemental salaries
to which appropriations shall be credited, and the funds credited shall be dedicated to the
payment of the supplemental salaries.
Proposed law provides that the funds credited and dedicated to the special fund will be disbursed
upon warrants, drawn by the mayors or police jury presidents of the respective municipalities or
parishes, which warrants shall have attached to them a detailed list of the names of the employees
for whose benefit any particular warrant is drawn, together with the completed years of service of
such employees. Proposed law requires the mayors or police jury presidents to forward the warrants to the
secretary of DPS&C, Public Safety Services, and, after obtaining approval of the board of
review, the secretary shall prepare and sign individual checks representing the amount to be paid
out of state funds to each employee.  Requires that each check show the legislative appropriation
from which payment is made and note that it represents additional compensation paid by the
state.  Requires the secretary to deliver the checks to the individual employees by mail or by such
other means as he determines.
Proposed law directs the mayor, police jury president, or other municipal officer of the
municipalities or parish employing the EMS practitioner entitled to supplemental pay, who is
charged with the responsibility of preparing the payrolls for the municipality or parish, to include
the additional compensation paid by the state to such EMS practitioner in the calculation and
deduction from the pay of such EMS practitioner the sums required by state or federal law to be
withheld by an employer, such as federal income tax and social security tax or contributions to
state or local retirement systems. Provides that the official charged with withholding sums from
the pay of the EMS practitioner be further charged with the responsibility of transmitting the
sums so withheld in accordance with the law or laws requiring the withholding.
Proposed law provides that the additional compensation paid by the state to municipal and parish
EMS practitioners shall be included in the calculation and computation of the total wages paid to
the municipal or parish EMS practitioner in the determination of employer contributions to any
retirement system or pension fund of which the EMS practitioner may be a member as well as in
the determination of retirement eligibility and benefits which may accrue to the EMS practitioner
under any retirement system or pension fund, as well as in the determination of any other
employee benefits, sick leave, or disability pay to which the EMS practitioner might be entitled
with the exception of workers' compensation benefits.
Proposed law creates a board of review composed of three members, one of whom shall be the
commissioner of administration or a representative of the division of administration selected by
him; one of whom shall be a member of the Louisiana Municipal Association selected by the
president of the association; and one of whom shall be a member of the Police Jury Association
of Louisiana selected by the president of the association.
Proposed law provides that whenever any question arises as to the eligibility of any person to
receive supplemental pay, the question, together with all of the facts relating thereto, shall be
submitted to the board of review for determination, and that the decision of the board with regard
to eligibility be final.
Effective if and when the proposed amendment of Article X, Section 10(A)(1)(b) of the
Constitution of Louisiana contained in the Act which originated as Senate Bill No. 285 of the
2014 RS is adopted at the statewide election to be held on November 4, 2014, and becomes
effective.
(Adds R.S. 33:9691-9696) Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the original
bill
1. Makes technical change from drafting number to bill number of companion
constitutional amendment.