Bill Text: MS SB2587 | 2014 | Regular Session | Engrossed
Bill Title: Law Enforcement Officers Death Benefits Trust Fund; increase amount of benefits.
Spectrum: Bipartisan Bill
Status: (Failed) 2014-03-12 - Died On Calendar [SB2587 Detail]
Download: Mississippi-2014-SB2587-Engrossed.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Accountability, Efficiency, Transparency; Appropriations
By: Senator(s) Fillingane, Ward, Blount, Butler (38th), Dawkins, Gandy, Jolly, Lee, Massey, Montgomery, Simmons (12th), Smith, Stone, Tindell, Watson, Wiggins
Senate Bill 2587
(As Passed the Senate)
AN ACT TO AMEND SECTION 45-2-1, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNT OF BENEFITS PAID FROM THE LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS DEATH BENEFITS TRUST FUND; TO AMEND SECTION 63-16-13, MISSISSIPPI CODE OF 1972, TO PROVIDE ADDITIONAL FUNDING FOR THE DEATH BENEFITS TRUST FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-2-1, Mississippi Code of 1972, is amended as follows:
45-2-1. (1) Whenever used in this section, the term:
(a) "Covered individual" means a law enforcement officer or firefighter, including volunteer firefighters, as defined in this section when employed by an employer as defined in this section; it does not include employees of independent contractors.
(b) "Employer" means a state board, commission, department, division, bureau or agency, or a county, municipality or other political subdivision of the state, which employs, appoints or otherwise engages the services of covered individuals.
(c) "Firefighter" means an individual who is trained for the prevention and control of loss of life and property from fire or other emergencies, who is assigned to fire-fighting activity, and is required to respond to alarms and perform emergency actions at the location of a fire, hazardous materials or other emergency incident.
(d) "Law enforcement officer" means any lawfully sworn officer or employee of the state or any political subdivision of the state whose duties require the officer or employee to investigate, pursue, apprehend, arrest, transport or maintain custody of persons who are charged with, suspected of committing, or convicted of a crime, whether the officer is on regular duty on full-time status, an auxiliary or reserve officer, or is serving on a temporary or part-time status.
(2) (a) The Department of
Public Safety shall make a payment, as provided in this section, in the amount
of * * * One Hundred Thousand Dollars
($100,000.00) when a * * * law enforcement officer covered individual, while
engaged in the performance of the person's official duties, is accidentally or
intentionally killed or receives accidental or intentional bodily injury that
results in the loss of the covered individual's life, provided that the killing
is not the result of suicide and that the bodily injury is not intentionally
self-inflicted.
* * *
( * * *b) The payment provided for in this
subsection shall be made to the beneficiary who was designated in writing by
the covered individual, signed by the covered individual and delivered to the
employer during the covered individual's lifetime. If no such designation is
made, then the payment shall be made to the surviving child or children
and spouse in equal portions, and if there is no surviving child or spouse,
then to the parent or parents. If a beneficiary is not designated and there is
no surviving child, spouse or parent, then the payment shall be made to the
covered individual's estate.
( * * *c) The payment made in this subsection
is in addition to any workers' compensation or pension benefits and is exempt
from the claims and demands of creditors of the covered individual.
(3) (a) There is established in the State Treasury a special fund to be known as the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund. The trust fund shall be funded by an initial appropriation of Two Hundred Thousand Dollars ($200,000.00), and shall be comprised of any additional funds made available by the Legislature or by donation, contribution, gift or any other source.
(b) The State Treasurer shall invest the monies of the trust fund in any of the investments authorized for the funds of the Public Employees' Retirement System under Section 25-11-121, and those investments shall be subject to the limitations prescribed by Section 25-11-121.
(c) Unexpended amounts remaining in the trust fund at the end of the state fiscal year shall not lapse into the State General Fund, and any income earned on amounts in the trust fund shall be deposited to the credit of the trust fund.
(4) The Department of Public Safety shall be responsible for the management of the trust fund and the disbursement of death benefits authorized under this section. The Department of Public Safety shall adopt rules and regulations necessary to implement and standardize the payment of death benefits under this section, to administer the trust fund created by this section and to carry out the purposes of this section.
SECTION 2. Section 63-16-13, Mississippi Code of 1972, is amended as follows:
* * *
63-16-13. (1) If
the owner of a motor vehicle being operated on the public roads, streets or
highways of the State of Mississippi or registered in the State of Mississippi
fails to have motor vehicle liability insurance in at least the minimum amounts
required under Section 63-15-3(j), the Commissioner of Public Safety, the
Commissioner of Revenue or a court of proper jurisdiction shall suspend the
vehicle registration and/or the owner's or the operator's driving privilege and
shall impose a civil penalty in an amount of Three Hundred Dollars ($300.00)
upon a first * * * violation, in an amount of Four Hundred Dollars
($400.00) upon a second * * * conviction violation and in an amount of Five Hundred
Dollars ($500.00) upon a third or subsequent * * * violation. If suspended,
the registration or driving privilege shall not be reinstated until the owner
has motor vehicle liability insurance in at least the minimum amounts required
under Section 63-15-3(j) and has paid the civil penalties imposed. Any person
shall have the right to appeal any suspension or civil penalty under this
section in a court of proper jurisdiction. If the matter is appealed and a
violation is found, then the court shall not reduce, suspend or suspend the
execution of any penalty imposed under the provisions of this subsection, in
whole or in part. It shall be the duty of the county prosecuting attorney, an
attorney employed under the provisions of Section 19-3-49, or in the event
there is no such prosecuting attorney for the county, the duty of the district
attorney to represent the state in any appeal held under this subsection.
Civil penalties collected under this subsection shall be deposited into the
special fund created under subsection (2) of this section. However, if the
appeal of such civil penalty would be under the proper jurisdiction of a
municipal court, One Hundred Dollars ($100.00) of the funds from such civil penalty
shall be deposited in the general fund of that municipality. If the appeal of
such civil penalty would be under the proper jurisdiction of any of the courts
of a county, One Hundred Dollars ($100.00) of the funds from such civil penalty
shall be deposited in the general fund of that county. A person convicted of a
civil violation under this subsection (1) shall not be convicted of a criminal
offense under Section 63-15-4(4) arising from the same incident.
(2) (a) There is created in the State Treasury a special fund to be designated as the "Uninsured Motorist Identification Fund." The fund shall consist of monies deposited therein as provided under subsection (1) of this section and monies from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund; however, one-half (1/2) of any monies in excess of the amount needed to defray the expenses and costs of the verification system created under Section 63-16-3 remaining in the fund at the end of a fiscal year shall be transferred to the Motor Vehicle Ad Valorem Tax Reduction Fund created under Section 27-51-105, and one-half (1/2) of any monies in excess of the amount needed to defray the expenses and costs of the verification system created under Section 63-16-3 remaining in the fund at the end of a fiscal year shall be transferred to the Mississippi Trauma Care Systems Fund created under Section 41-59-75.
(b) Monies in the special fund may be used by the Department of Public Safety and the Department of Revenue, upon appropriation by the Legislature, only for the purpose of defraying expenses and costs for the motor vehicle insurance verification system created under Section 63-16-3. In addition, at any time during a fiscal year, if the Department of Public Safety determines that funds in the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund created under Section 45-2-1 are insufficient, the department may request the State Fiscal Officer to transfer funds from the Uninsured Motorist Identification Fund. The State Fiscal Officer may make an appropriate transfer if he determines that the funds in the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund are insufficient and the funds in the Uninsured Motorist Identification Fund will be sufficient for defraying the expenses and costs for the motor vehicle insurance verification system created under Section 63-16-3. Monies in the fund used for the purposes described in this paragraph (b) shall be in addition to other funds available from any other source for such purposes.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
