The legislative instrument and the following digest, which constitutes no part of
the legislative instrument, were prepared by Dawn Watson.
CONFERENCE COMMI TTEE REPORT DIGEST
Senate Bill No. 549 by Senator Gallot
Keyword and summary of the bill as proposed by the Conference Committee
LOCAL EMPLOYEES. Provides relative to firefighters. (8/1/14)
Report adopts House amendments to:
1. Amend the title of the bill.
Report rejects House amendments which would have:
1. Changed the qualifications for reinstatement and reemployment of a former of
employee of the classified fire service who resigned or retired as a result of an
injury from requiring the injury be an injury that is compensable pursuant to the
state workers' compensation law to requiring the injury be an injury that resulted
in the employee being unable to perform the essential functions of his job.
Report amends the bill to:
1. Provide that an employee of the classified fire service who retires as a result of an
injury or medical condition which prevents him from performing the essential
functions of his job, may, with the approval of the board, be reemployed, provided
he is qualified for the position to which he is reemployed and can perform the
essential functions of the position.
2. Provide that proposed law shall not apply to employees whose injury or medical
condition resulted from their own negligent or intentional act.
Digest of the bill as proposed by the Conference Committee
Present law, relative to the wages of firemen, requires that the minimum monthly salaries of
firemen in municipalities having a population of 12,000 or more and in the city of Bastrop and of
all parish and fire protection districts with paid firemen, including salaries payable out of the
avails of any special tax provided by the constitution for increasing the pay of firemen, is $400
per month and paid semi-monthly not later than the fifth and twentieth day of each calendar
month. Proposed law requires the minimum monthly salary be based on a regular hourly rate of pay
compliant with the Fair Labor Standards Act, 29 U.S.C. 201 et seq., exclusive of state
supplemental pay.
Present law provides that a municipality, parish, fire protection district, or other political
subdivision maintaining a fire department, or the Chitimacha Tribe of Louisiana or the Coushatta
Indian Tribe of Louisiana, or any nonprofit corporation contracting with any such political
subdivision to provide fire protection services may enhance the first-year salary of every paid,
regularly employed employee in the amount equivalent to the state supplemental pay, or any
portion thereof, that the employee shall be entitled to be paid after one year of service.
Proposed law retains present law and provides condition that the first-year salary, exclusive of
the enhancement, meets the minimum wage obligations of the Fair Labor Standards Act, 29
U.S.C. 201 et seq.
Present law provides for reemployment of certain persons in the fire and police civil service for
municipalities between 13,000 and 250,000 and for small municipalities having a population
between 7,000 and 13,000 and all parishes and fire protection districts.
Present law provides that any regular employee who resigns or retires from a position in the
classified service may, with the prior approval of the board, be reemployed in a position of the
class in which he was employed immediately preceding his resignation or retirement or in a
position in any lower class. Provides that any such employee may be reemployed at any time
after his resignation or retirement, but he shall be qualified for the position to which he is
reemployed and shall be reemployed with the seniority accumulated through the date of
reinstatement. Provides however that a regular employee shall be reemployed only if his
resignation or retirement occurred as a result of the employee being unable to perform the
essential functions of his job upon sustaining any injury that is compensable pursuant to the
provisions of the state workers' compensation laws.
Proposed law provides that any regular employee who retires from a position in the classified fire
service as a result of an injury or a medical condition which prevents him from performing the
essential functions of his job, may, with the prior approval of the board, be reemployed in a
position of the class in which he was employed immediately preceding his retirement or in a
position in any lower class. Provides that such employee may be reemployed at any time after
his retirement, but requires that he be qualified for the position to which he is reemployed and
able to perform the essential functions of the position. Provides that the employee shall be
reemployed with the seniority accumulated through the date of his retirement. Provides that
proposed law shall not be applicable to employees whose injury or medical condition resulted
from their own negligent or intentional act.
Effective August 1, 2014.
(Amends R.S. 33:1992(A)(1), 2002(A)(3)(a); adds R.S. 33:2490(F) and 2550(F))