RDCSB222 552 3665
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
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, all university and college
police officers at state universities and colleges employed on a full-time basis, and
all wildlife agents of the enforcement division of the Dept. of Wildlife and Fisheries
at the agency's cost, if any.
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
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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.
Proposed law provides that proposed law shall be known as "Nicholas Tullier's Law".
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 39:1533(A); adds R.S. 40:1668)
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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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Municipal, Parochial
and Cultural Affairs to the re-reengrossed bill:
1. Add wildlife agents of the enforcement division of the Dept. of Wildlife and
Fisheries to the definition of "law enforcement officer". Provide that the agents
are added at the agency's cost, if any.
2. Name proposed law as "Nicholas Tullier's Law".
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