Provides relative to the definition of "first responder"
Provides relative to the definition of "first responder"
House Bill 455 amends Louisiana's first responder definition by including public works employees within the statutory framework governing emergency response personnel. The bill modifies R.S. 23:1017.1(6) to add "public works first responders as defined by R.S. 29:723" to the enumerated list of individuals qualifying as first responders, and creates a new definition in R.S. 29:723(21) specifying that public works first responders are state, parish, or municipal employees whose primary duties involve public infrastructure operations, maintenance, or repair—including transportation, roads and bridges, drainage, utilities, water and wastewater systems, fleet operations, solid waste, and facilities maintenance—who are required to perform emergency response functions during declared emergencies or disasters. Additionally, the bill enacts R.S. 29:724(I) to establish the duties, limitations, and integration mechanisms for public works first responders within the state's emergency preparedness structure.
Public works employees designated as first responders under this legislation gain recognition as essential emergency response personnel and shall be integrated into state and local emergency preparedness, response, and recovery operations, including incident command coordination, debris clearance, infrastructure stabilization, emergency repairs, evacuation support, and mutual aid activities. These employees may be issued emergency credentials and identification for access to restricted areas during declared emergencies and are eligible for inclusion in emergency preparedness training, exercises, and planning activities coordinated by the Governor's Office of Homeland Security and Emergency Preparedness and local emergency management agencies, subject to available resources. However, the bill explicitly limits the scope of this designation to operational, coordination, and recognition purposes and provides that such designation does not alter retirement system eligibility, create presumptions related to workers' compensation or occupational disease, mandate hazard pay or premium pay, expand civil service classifications, or expand collective bargaining rights, with any expansion of compensation, retirement, or benefits requiring separate legislative authorization.
This legislation operates within Louisiana's Homeland Security and Emergency Assistance and Disaster Act framework, which previously defined first responders as volunteers and enumerated categories of personnel including medical personnel, emergency technicians, volunteer firemen, and auxiliary law enforcement officers. The bill's amendment to R.S. 23:1017.1(6) incorporates public works first responders into this existing statutory definition while preserving the existing enumeration of other first responder categories. The designation applies specifically during weather emergencies declared by the governor pursuant to R.S. 29:721 et seq., connecting it to the Governor's existing emergency declaration authority. The protective language in R.S. 29:724(I)(4) and (5) explicitly preserves existing rights and benefits regimes and prevents the courts from interpreting the designation as creating new entitlements to compensation or modified employment status absent further legislative action, thereby limiting potential fiscal and labor relations impacts.
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