The original instrument was prepared by Jerry J. Guillot. The following digest, which
does not constitute a part of the legislative instrument, was prepared by J.W. Wiley
DIGEST
SB 222 Re-Reengrossed 2017 Regular Session Erdey
Proposed law declares that the public policy of this state, under its police power, is to provide for
certain benefits to firemen and law enforcement officers who suffer a catastrophic injury caused by
an individual having the specific intent to kill the officer and occur while the officer is engaged in
the performance of his official duties. To qualify for the benefit, the individual's act must be the
direct and proximate cause of the officer's catastrophic injury incurred on or after July 1, 2016, and
the injury must render the officer, as provided by clear and convincing evidence unaided by any
presumption of disability, permanently and totally disabled.
Proposed law provides the following definitions:
(1)"Board" means the Law Enforcement Officers and Firemen's Survivor Benefit Review Board
created in present law.
(2)"Catastrophic injury" means an injury caused by an individual having the specific intent to
kill an officer who is engaged in the performance of his official duties, the direct and
proximate consequences of which permanently prevent the officer from performing any
gainful work.
(3)"Officer" includes "firemen" as defined in present law and "law enforcement officers"
includes all sheriffs and deputy sheriffs in the state employed on a full-time basis, all
members of the state police employed on a full-time basis, all municipal police officers in
the state employed on a full-time basis, and all university and college police officers at state
universities and colleges employed on a full-time basis.
Proposed law provides that in any case in which an officer is determined by the board or a court of
competent jurisdiction pursuant to proposed law to be permanently and totally disabled as the direct
and proximate result of a catastrophic injury arising out of and in the course of the performance of
the officer's official duties, the following shall be paid by the state risk manager out of the Self-
Insurance Fund on behalf of the officer, from the date of the catastrophic injury as long as the officer
is permanently and totally disabled:
(1)Premiums due from the officer for the amount and type of life, health, accident, accidental
death and dismemberment, hospital, surgical, and medical expense insurance covering the
officer and maintained by the officer through the officer's employer at the time of the
catastrophic injury.
(2)Copayment and deductibles applicable to any insurance policy for which premiums are paid
pursuant to proposed law for healthcare benefits received by officer. Proposed law defines "permanently and totally disabled" as "unable to engage in any employment
or self-employment on a full-time basis, regardless of the nature or character of the employment or
self-employment".
Proposed law provides that within one year after the employing authority has knowledge of the
permanent and total disability of an officer under circumstances covered by proposed law, the
employing authority of the office shall notify the Law Enforcement Officers and Firemen's Survivor
Benefit Review Board of the disability, the date of the catastrophic injury for which the disability
is a result, the circumstances surrounding the injury, and such other information as may be requested
by the board. Provides that the officer seeking the benefits provided in proposed law may notify the
board providing the required information. Provides that nothing in proposed law shall prevent the
board from initiating proceedings before being notified by the employing authority or officer.
Proposed law requires that the board hear and decide by unanimous vote all claims for disability
benefits within 60 days after documentation is received. Proposed law further authorizes the board
to request any information necessary to make a determination of eligibility for disability benefits.
Proposed law requires that within 10 days after the board has reached its decision, it notify the
officer of its decision by certified mail. If the board denies the claim, the officer shall have one year
from the date of denial to file suit against the state through the board in the parish where the incident
that brought about the permanent and total disability occurred. The date of denial shall be calculated
as one year from date of receipt of the decision from the board.
Proposed law provides that if the board determines the officer qualifies for the benefit payable under
proposed law, the board shall notify the state risk manager.
Proposed law provides that no benefit is payable under proposed law with respect to the disability
of an officer if a benefit is payable under present law with respect to the death of the officer. Further,
no benefit is payable under present law with respect to the death of an officer if a benefit is payable
under proposed law with respect to the disability of the officer.
Proposed law provides that no benefit shall be payable under proposed law if any of the following
applies:
(1)The catastrophic injury was caused by the intentional misconduct of the officer or by the
officer's intention to bring about his death, disability, or injury.
(2)The officer was voluntarily intoxicated at the time of his catastrophic injury.
(3)The officer was performing his duties in a grossly negligent manner at the time of his
catastrophic injury.
(4)The officer qualifies for federal or state life, health, accident, accidental death and
dismemberment, hospital, surgical, or medical expense programs. Present law creates the Self-Insurance Fund in the state treasury consisting of all premiums paid by
state agencies under the state's risk management program and the investment income earned from
such premiums and commissions. Present law provides that the fund shall be used only for the
payment of losses incurred by state agencies under the self-insurance program, premiums for
insurance obtained through commercial carriers, administrative expenses associated with the
management of the state's risk, law enforcement officers and firemen's survivors benefits, the
payment of losses incurred by the Jefferson Parish Human Services Authority, the Capital Area
Human Services District, the Florida Parishes Human Services Authority, the Metropolitan Human
Services District, the Northeast Delta Human Services Authority, and the South Central Louisiana
Human Services Authority, and the funding of the legal services, such funds to be administered by
the commissioner of administration.
Proposed law adds that the fund shall also be used to pay law enforcement officers and firemen's
survivor and disability benefits as provided for in proposed law as a result of a specific appropriation
received by the fund for that purpose. Otherwise retains present law.
Proposed law allows the Law Enforcement Officers and Firemen's Survivor Benefit Review Board
to adopt rules and regulations to implement the proposed law's provisions.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 39:1533(A); adds R.S. 40:1668)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the original bill
1. Adds payments for insurance copayments and deductibles to disability benefits.
2. Limits both survivors and disability benefits for firemen and law enforcement
officers from the Self-Insurance Fund to specific appropriations received by the Fund
for that purpose.
Committee Amendments Proposed by Senate Committee on Finance to the engrossed bill
1. Limits application to an injury incurred on or after July 1, 2016.
2. Provides that the "catastrophic injury" must be provided by clear and convincing
evidence unaided by any presumption of disability, leaves the officer permanently
and totally disabled.
3. Defines "law enforcement officer" and "permanently and totally disabled". 4. Changes the duration of payments from the Self-Insurance Fund from until the
officer's death to as long as the officer is permanently and totally disabled.
5. Limits the payments for premiums to those covering only the officer.
6. Provides that no benefit shall be payable in the event that the officer qualifies for
federal or state life, health, accident, accidental death and dismemberment, hospital,
surgical, or medical expense programs.
7. Allows the Law Enforcement Officers and Firemen's Survivor Benefit Review Board
to adopt rules and regulations to implement the provisions of the bill.
Senate Floor Amendments to reengrossed bill
1. Makes legislative bureau technical changes.