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Regular Session, 2014
SENATE BILL NO. 411
BY SENATORS MORRELL, PETERSON AND GARY SMI TH AND
REPRESENTATIVE LEGER
FUNDS/FUNDING. Provides for state supplemental pay for certain EMS practitioners.
AN ACT1
To enact Chapter 48 of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 33:9691 through 9696, relative to state supplemental pay for emergency3
medical services practitioners; to provide for additional pay for certain municipal and4
parish emergency medical personnel; to create a special fund for the purpose; to5
provide a method of disbursing such funds; to create a board of review; to provide6
for an effective date; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Chapter 48 of Title 33 of the Louisiana Revised Statutes of 1950,9
comprised of R.S. 33:9691 through 9696, is hereby enacted to read as follows:10
CHAPTER 48. SUPPLEMENTAL PAY FOR 11
EMERGENCY MEDICAL SERVICE PRACTITIONERS12
§9691. Purpose13
The Chapter is enacted by the legislature in the exercise of the police14
power of the state, to promote the public welfare and safety, by providing better15
emergency medical services for residents and guests.16
§9692. Extra compensation17 SB NO. 411
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A. In addition to the compensation paid by any municipality or parish1
to any EMS practitioner, every EMS practitioner employed full-time by any2
municipality or parish which employs one or more EMS practitioners who3
devotes his full working time to emergency medical services shall be paid by the4
state extra compensation in the amount of five hundred dollars per month for5
each full-time EMS practitioner who has completed or who hereafter completes6
one year of service.7
B. For purposes of this Chapter, a municipal or parish EMS practitioner8
entitled to additional pay out of state funds shall mean and shall be refer to as9
any person employed on a full-time basis by a municipality or parish and all of10
whose compensation out of public funds is paid solely from the municipality or11
parish for full-time work as an EMS practitioner for the performance of12
primary duties which encompass direct emergency medical response to provide13
prehospital emergency care to the sick and injured.14
C. Notwithstanding any law to the contrary, the state shall not be liable15
for any action of an EMS practitioner based on the payments of the16
supplemental pay provided for in this Chapter.17
§9693. Definitions18
A. For purposes of this Chapter, an "emergency medical service19
practitioner" or "EMS practitioner" means an individual who is a licensed20
emergency medical responder, licensed emergency medical technician, licensed21
advanced emergency medical technician, or a licensed paramedic.22
B. For purposes of this Chapter, the phrase "mayor or police jury23
president" shall include the chief executive officer of a city-parish consolidated24
government.25
§9694. Special fund26
For the payment of the supplemental salaries provided by R.S. 33:9692,27
there is hereby created a special fund in the treasury of the state of Louisiana,28
to which the appropriations shall be credited, and the funds credited shall be29 SB NO. 411
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and remain dedicated to the payment of supplemental salaries as provided in1
R.S. 33:9692.2
§9695. Disbursement of funds3
A. The funds credited and dedicated to the special fund created in R.S.4
33:9694, shall be disbursed upon warrants, drawn by the mayors or police jury5
presidents of the respective municipalities or parishes, which warrants shall6
have attached to them a detailed list of the names of the employees for whose7
benefit any particular warrant is drawn, together with the completed years of8
service of such employees.9
B. The mayors or police jury presidents shall forward the warrants to10
the secretary of the Department of Public Safety and Corrections, Public Safety11
Services, and, after obtaining approval of the board as provided in R.S. 33:9696,12
the secretary shall cause to be prepared and shall sign individual checks13
representing the amount to be paid out of state funds to each employee in14
accordance with the provisions of this Subsection. Each check shall show the15
legislative appropriation from which payment is made and shall note that it16
represents additional compensation paid by the state under the provisions of17
this Chapter. The secretary shall deliver the checks to the individual employees18
in whose favor they are drawn by mail or by such other means as he shall19
determine.20
C. The mayor, police jury president, or other municipal officer of the21
municipalities or parish employing the EMS practitioner entitled to additional22
compensation from the state under the provisions of this Chapter, who is23
charged with the responsibility of preparing the payrolls for the municipality24
or parish, shall include the additional compensation paid by the state to the25
EMS practitioner in the calculation and deduction from the pay of the EMS26
practitioner the sums required by state or federal law to be withheld by an27
employer, such as federal income tax and social security tax or contributions to28
state or local retirement systems. Any officials charged with withholding sums29 SB NO. 411
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from the pay of the EMS practitioner shall be further charged with the1
responsibility of transmitting the sums withheld in accordance with the law or2
laws requiring the withholding.3
D. The additional compensation paid by the state to municipal and4
parish EMS practitioners as herein provided shall be included in the calculation5
and computation of the total wages paid to the municipal or parish EMS6
practitioner in the determination of employer contributions to any retirement7
system or pension fund of which the EMS practitioner may be a member as well8
as in the determination of retirement eligibility and benefits which may accrue9
to the EMS practitioner under any retirement system or pension fund, as well10
as in the determination of any other employee benefits, sick leave, or disability11
pay to which the EMS practitioner might be entitled with the exception of12
workers' compensation benefits pursuant to R.S. 23:1021 et seq.13
E. As used in this Section, reference to "mayor" or "police jury14
president" includes his designee.15
§9696. Board of review; powers and duties16
A. There is hereby created a board of review which shall be composed17
of three members, one of whom shall be the commissioner of administration or18
a representative of the division of administration selected by him; one of whom19
shall be a member of the Louisiana Municipal Association selected by the20
president of the association; and one of whom shall be a member of the Police21
Jury Association of Louisiana selected by the president of the association.22
B. Whenever any question arises as to the eligibility of any person to23
receive additional pay out of state funds as provided by this Chapter, the24
question, together with all of the facts relating thereto, shall be submitted to the25
board of review created by Subsection A of this Section for determination, and26
the decision of the board with regard to eligibility shall be final.27
Section 2. This Act shall take effect and become operative if and when the proposed28
amendment of Article X, Section 10(A)(1)(b) of the Constitution of Louisiana contained in29 SB NO. 411
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the Act which originated as Senate Bill No. 285 of this 2014 Regular Session of the1
Legislature is adopted at the statewide election to be held on November 4, 2014, and2
becomes effective.3
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 SB NO. 411
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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.