HLS 21RS-994 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 608
BY REPRESENTATIVES GAINES, CARPENTER, GARY CARTER, COX, DUPLESSIS,
GREEN, HUGHES, JEFFERSON, TRAVIS JOHNSON, LARVADAIN,
MARCELLE, MOORE, NEWELL, PIERRE, SELDERS, STAGNI, WILLARD,
JENKINS, AND WILFORD CARTER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TRANSPORTATION DEPT: Provides for $100,000 death benefit for an employee of the
Department of Transportation and Development who is killed in a hazardous
situation in the course and scope of his employment
1 AN ACT
2To enact Chapter 37 of Title 48 of the Louisiana Revised Statutes of 1950, to be
3 compromised of R.S. 48:2211, relative to survivor benefits for certain employees of
4 the Department of Transportation and Development; to provide for death benefits;
5 to condition payment of death benefits on survivors waiver or liability; to provide for
6 an effective date; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Chapter 37 of Title 48 of the Louisiana Revised Statutes of 1950,
9comprised of R.S. 48:2211 is hereby enacted to read as follows:
10 CHAPTER 37. SURVIVOR BENEFITS FOR DEPARTMENT
11 OF TRANSPORTATION EMPLOYEES
12 ยง2211. Financial security for surviving spouses and children of employees; death
13 due to hazardous situation; liability waiver
14 A. It is hereby declared to be the public policy of this department, to provide
15 for the financial security of surviving spouses and children of department employees
16 when a department employee suffers death as a result of any injury arising out of a
17 hazardous situation and in the course and scope of performing official duties as an
18 employee of the Department of Transportation and Development.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-994 REENGROSSED
HB NO. 608
1 B.(1) In any case in which a department employee suffers death as a result
2 of an injury arising out of a hazardous situation in the course and scope of
3 performing their official duties as a department employee, and is not the result of an
4 intentional act, the sum of one hundred thousand dollars shall be paid to the
5 surviving spouse of the department employee, provided neither spouse has instituted
6 a divorce proceeding. In the event the deceased employee leaves no surviving
7 spouse, or if either spouse has instituted a divorce proceeding, the department shall
8 pay the sum of one hundred thousand dollars to the child or children of the deceased
9 employee. In the event the deceased employee leaves no children, the department
10 shall pay the sum of one hundred thousand dollars to the named beneficiary listed on
11 the department employee's beneficiary form. In the event there is no named
12 beneficiary, the department shall pay the sum of one hundred thousand dollars to the
13 estate of the deceased employee.
14 (2) As a result of the named beneficiary provision in Paragraph (1) of this
15 Subsection, each department employee shall complete a beneficiary form.
16 C. Payment shall be made out of the Transportation Trust Fund. However,
17 no payment shall be made pursuant to this Chapter, unless the recipient of the
18 survivor benefits signs all required documents waiving all rights to file suit against
19 the department and releasing the department from any and all liability for the
20 employee's death.
21 D. The department shall promulgate rules under the Louisiana
22 Administrative Procedure Act as necessary to implement the provisions of this
23 Chapter.
24 Section 2. This Act shall become effective upon signature by the governor or, if not
25signed by the governor, upon expiration of the time for bills to become law without signature
26by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
27vetoed by the governor and subsequently approved by the legislature, this Act shall become
28effective on the day following such approval.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-994 REENGROSSED
HB NO. 608
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)]
HB 608 Reengrossed 2021 Regular Session Gaines
Abstract: Establishes a $100,000 survivor benefit for the death of a Department of
Transportation and Development employee that occurred while performing work
duties.
Proposed law establishes as public policy of the Dept. of Transportation and Development
(DOTD) the provision of financial security to the families of deceased DOTD workers who
suffer death as a result of any injury arising out of a hazardous situation, while in the course
and scope of employment.
Proposed law specifies death benefits are conditioned on survivors waiver or liability.
Proposed law requires the payment of $100,000 in death benefits to the surviving spouse of
a DOTD worker who suffers death as a result of any injury arising out of a hazardous
situation, while in the course and scope of employment.
Proposed law specifies that in absence of a surviving spouse, the child or children of a
DOTD worker who suffers death as a result of any injury arising out of a hazardous
situation, while in the course and scope of employment, and that is not the result of an
intentional act will be paid $100,000 in death benefits.
Proposed law specifies that in absence of a surviving spouse or children, the named
beneficiary of a DOTD worker who suffers death as a result of any injury arising out of a
hazardous situation, while in the course and scope of employment, will be paid $100,000 in
death benefits.
Proposed law specifies that in absence of a surviving spouse, children, or a named
beneficiary, the estate of a DOTD worker who suffers death as a result of any injury arising
out of a hazardous situation, while in the course and scope of employment, will be paid
$100,000 in death benefits.
Proposed law requires that the $100,000 death benefit payment be paid out of the
Transportation Trust Fund. Requires that all recipients of the death benefit waive all rights
to sue the department.
Proposed law requires the department promulgate rules as necessary to implement provisions
of proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 48:2211)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make a technical change.
2. Change the department employee's form from designation to beneficiary.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.