12 LC
36 2006
Senate
Bill 345
By:
Senators Albers of the 56th, Grant of the 25th, Ligon, Jr. of the 3rd and Mullis
of the 53rd
A
BILL TO BE ENTITLED
AN ACT
To
amend Titles 34, 38, 45, and 50 of the Official Code of Georgia Annotated,
relating to labor and industrial relations, to the military, emergency
management, and veterans affairs, to public officers and employees, and to state
government, respectively, so as to eliminate the licensing of nongovernmental
rescue organizations, groups, teams, search and rescue dog teams, and
individuals by the director of the Georgia Emergency Management Agency; to
revise certain definitions; to define the term 'emergency management
professional'; to revise certain provisions relating to the establishment of,
authorization for appropriation of moneys to, and payments from Georgia State
Indemnification Fund; to change certain provisions relating to applications for
indemnification; to revise certain provisions relating to state flags to honor
service of deceased; to provide for related matters; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
34 of the Official Code of Georgia Annotated, relating to labor and industrial
relations, is amended by revising paragraph (2) of Code Section 34-9-1, relating
to definitions relative to workers' compensation, as follows:
"(2)
'Employee' means every person in the service of another under any contract of
hire or apprenticeship, written or implied, except a person whose employment is
not in the usual course of the trade, business, occupation, or profession of the
employer; and, except as otherwise provided in this chapter, minors are included
even though working in violation of any child labor law or other similar
statute; provided, however, that nothing contained in this chapter shall be
construed as repealing or altering any such law or statute. Any reference to
any employee who has been injured shall, if the employee dies, include such
employee's legal representatives, dependents, and other persons to whom
compensation may be payable pursuant to this chapter. All firefighters, law
enforcement personnel, and personnel of emergency management or civil defense
agencies, emergency medical services, and rescue organizations whose
compensation is paid by the state or any county or municipality, regardless of
the method of appointment, and all full-time county employees and employees of
elected salaried county officials are specifically included in this definition.
There shall also be included within such term any volunteer firefighter of any
county or municipality of this state, but
only for
services rendered in such capacity which are not prohibited by Code Section
38-3-36 and only if the governing
authority of the county or municipality for which such services are rendered
shall provide by appropriate resolution for inclusion of such volunteer
firefighters; any volunteer law enforcement personnel of any county or
municipality of this state who are certified by the Georgia Peace Officer
Standards and Training Council, for volunteer law enforcement services rendered
in such
capacity,
which are
not prohibited by Code Section 38-3-36 and
but
only if the governing authority of the county or municipality for which such
services are rendered shall provide by appropriate resolution for inclusion of
such volunteer law enforcement personnel; any person who is a volunteer member
or worker of an emergency management or civil defense organization, emergency
medical service, or rescue organization, whether governmental or not, of any
county or municipality of this state for volunteer services,
which are
not prohibited by Code Section 38-3-36, rendered in such capacity
and
but
only if the governing authority of the county or municipality for which such
services are rendered shall provide by appropriate resolution for inclusion of
such volunteer members or workers; and any person certified by the Department of
Public Health or the Georgia Composite Medical Board and registered with any
county or municipality of this state as a medical first responder for any
volunteer first responder services rendered in such capacity,
which are
not prohibited by Code Section 38-3-36 and
but
only if the governing authority of the county or municipality for which such
services are rendered shall provide by appropriate resolution for inclusion of
such responders. The various elected county officers and elected members of the
governing authority of an individual county shall also be included in this
definition, if the governing authority of said county shall provide therefor by
appropriate resolution. For the purposes of workers' compensation coverage,
employees of county and district health agencies established under Chapter 3 of
Title 31 are deemed and shall be considered employees of the State of Georgia
and employees of community service boards established under Chapter 2 of Title
37 shall be considered to be employees of the state. For the purpose of
workers' compensation coverage, members of the Georgia National Guard and the
State Defense Force serving on state active duty pursuant to an order by the
Governor are deemed and shall be considered to be employees of this state. A
person shall be an independent contractor and not an employee if such person has
a written contract as an independent contractor and if such person buys a
product and resells it, receiving no other compensation, or provides an
agricultural service or such person otherwise qualifies as an independent
contractor. Notwithstanding the foregoing provisions of this paragraph, any
officer of a corporation may elect to be exempt from coverage under this chapter
by filing written certification of such election with the insurer or, if there
is no insurer, the State Board of Workers' Compensation as provided in Code
Section 34-9-2.1. For purposes of this chapter, an owner-operator as such term
is defined in Code Section 40-2-87 shall be deemed to be an independent
contractor. Inmates or persons participating in a work release program,
community service program, or similar program as part of the punishment for
violation of a municipal ordinance pursuant to Code Section 36-32-5 or a county
ordinance or a state law shall not be deemed to be an employee while
participating in work or training or while going to and from the work site or
training site, unless such inmate or person is employed for private gain in
violation of Code Section 42-1-5 or Code Section 42-8-70 or unless the
municipality or county had voluntarily established a policy, on or before
January 1, 1993, to provide workers' compensation benefits to such
individuals."
SECTION
2.
Title
38 of the Official Code of Georgia Annotated, relating to the military,
emergency management, and veterans affairs, is amended by revising Code Section
38-3-36, relating to licensing by the director of the Georgia Emergency
Management Agency of nongovernmental rescue organizations, exceptions, and
registration of public and private search and rescue dog teams, as
follows:
"38-3-36.
(a)
Except as otherwise provided by subsection (b) of this Code section, all
nongovernmental rescue organizations, associations, groups, teams, search and
rescue dog teams, or individuals, whether or not they are holders of a charter
issued by this state or officers thereof, shall be prohibited from performing
any rescue or emergency management type activity until the organization,
association, group, team, search and rescue dog team, or individual has been
licensed by the director of emergency management to perform the activities. It
is expressly declared that Articles 1 through 3 of this chapter shall not amend,
repeal, alter, or affect in any manner Code Section 51-1-29.
(b)
Any marine rescue squadron sponsored by and operating under the direction and
control of the sheriff of the county of residence of the squadron and chartered
as a Marine Rescue Squadron of America, which was so chartered on January 1,
1960, or prior to that date, and which performs only water or boat safety rescue
missions within this state, shall be deemed to be a governmental rescue
organization within the meaning of subsection (a) of this Code section and need
not be licensed by the director of emergency management as provided in the
subsection.
(c)
The director of emergency management shall promulgate rules and regulations for
training and licensing standards for private search and rescue dog teams. The
director shall maintain a registry of public and private search and rescue dog
teams operating within the state. Any public or private organization which
provides rescue services in this state utilizing search and rescue dog teams
shall register with the director the name and address of the organization, a 24
hour telephone number to be used for contact during emergencies, the counties in
which the search and rescue dog teams provide service, the types of specialized
search and rescue dog teams which are available, and such other information as
the director may require by rule and
regulation
Reserved."
SECTION
3.
Title
45 of the Official Code of Georgia Annotated, relating to public officers and
employees, is amended by revising Code Section 45-9-81, relating to definitions
relative to the Georgia State Indemnification Fund, as follows:
"45-9-81.
As
used in this part, the term:
(1)
'Commission' means the Georgia State Indemnification Commission.
(2)
'Department' means the Department of Administrative Services.
(3)
'Emergency management professional' means any person employed as or serving
as
an officially recognized or officially designated member of any municipal,
county, or
state
emergency management agency pursuant to Title 38.
(3)(4)
'Emergency management rescue specialist' means any person licensed as an
emergency management rescue specialist pursuant to Code Section 38-3-36
on or before
June 30, 2012.
(4)(5)
'Emergency medical technician' includes only persons who:
(A)
Are certified as emergency medical technicians, paramedics, or cardiac
technicians under Chapter 11 of Title 31; and
(B)
Are employed in the capacity for which they are so certified by a department,
agency, authority, or other instrumentality of state or local
government.
(5)(6)(A)
'Firefighter' means any person who is employed as a professional firefighter on
a full-time or part-time basis by any municipal, county, or state government
fire department employing three or more firefighters and who has the
responsibility of preventing and suppressing fires, protecting life and
property, enforcing municipal, county, and state fire prevention codes,
enforcing any law pertaining to the prevention and control of fires or who
performs any acts or actions while on duty or when responding to a fire or
emergency during any fire or other emergency or while performing duties intended
to protect life and property.
(B)
'Firefighter' shall also mean any individual serving as an officially recognized
or designated member of a legally organized volunteer fire department, or any
employee of the Georgia Forestry Commission whose job duties include fire
mitigation, who performs any acts or actions while on duty or when responding to
a fire or emergency during any fire or other emergency or while performing
duties intended to protect life and property.
(C)
'Firefighter' shall also mean any individual employed by a person or corporation
which has a contract with a municipal corporation or county to provide fire
prevention and fire-fighting services to such municipal corporation or county
and any such individual is employed on a full-time basis of at least 40 hours
per week and has the responsibility of preventing and suppressing fires,
protecting life and property, enforcing municipal or county fire prevention
codes, enforcing any municipal or county ordinances pertaining to the prevention
and control of fires or who performs any acts or actions while on duty or when
responding to a fire or emergency during any fire or other emergency or while
performing duties intended to protect life and property.
(6)(7)
'In the line of duty' means:
(A)
With respect to an emergency medical
technician,
or
an emergency management rescue specialist,
or an
emergency management professional, while
on duty and when responding to or returning from an emergency or performing
duties at the scene of an emergency or transporting a person to a medical
facility for emergency treatment or returning therefrom;
(B)
With respect to a volunteer firefighter, while on duty and when responding to or
returning from a fire or other emergency or performing duties during any fire or
other emergency or performing duties intended to protect life and property
including, without limitation, actual participation in a training
exercise;
(C)
With respect to a law enforcement officer or firefighter, while on duty and
performing services for and receiving compensation from the law enforcement and
fire service agency which employs such officer or firefighter, while off duty
when responding to any situation which would save a life or preserve the peace,
or while preventing or attempting to prevent the commission of a crime or fire.
A law enforcement officer or firefighter who is performing duties for and
receiving compensation from a private employer at the time of such officer's or
firefighter's death or bodily injury causing total permanent disability or
partial permanent disability shall not be considered in the line of duty if the
officer or firefighter is entitled to workers' compensation benefits from the
private employer or the private employer's insurer;
(D)
With respect to a prison guard, while on duty and performing services for and
receiving compensation from the public agency which employs such prison guard;
or
(E)
With respect to a state highway employee, while on duty and performing any work
necessary for the construction, maintenance, or operation of a roadway on or
within the public roads of the state as defined in paragraph (24) of Code
Section 32-1-3 when such employee is killed or permanently disabled as the
result of working under hazardous conditions in close proximity to moving
traffic or equipment.
Such
term shall not mean commuting to or from work or commuting to or from
training.
(7)(8)
'Law enforcement officer' means any agent or officer of this state, a political
subdivision or municipality of this state, or an authority of this state or a
political subdivision of this state who, as a full-time or part-time employee,
is vested either expressly by law or by virtue of public employment or service
with authority to enforce the criminal or traffic laws with the power of arrest
and whose duties include the preservation of public order, the protection of
life and property, or the prevention, detection, or investigation of crime.
Such term also includes the employees designated by the commissioner of juvenile
justice of the Department of Juvenile Justice pursuant to paragraph (2) of
subsection (i) of Code Section 49-4A-8, which employees have the duty to
investigate and apprehend delinquent and unruly children who have escaped from a
facility under the jurisdiction of the Department of Juvenile Justice or who
have broken the conditions of supervision. Such term also includes members of
the Georgia National Guard, the composition of which is set forth in Code
Section 38-2-3, who have been called into active state service by the
Governor.
(8)(9)
'Organic brain damage' means direct physical trauma to the brain which so
affects the mental capacity as to preclude function productively in any
employment.
(9)(10)
'Partial permanent disability' means disability due to:
(A)
Loss of the use of one eye or blindness in one eye with only light
perception;
(B)
Loss of one hand;
(C)
Loss of one leg; or
(D)
Loss of a lower extremity or the residual effect of an organic disease or injury
which so affects the functions of balance or propulsion as to preclude
locomotion without the use of a wheelchair for all but very short
distances.
(10)(11)
'Prison guard' means any person employed by the state or any political
subdivision thereof whose principal duties relate to the supervision and
incarceration of persons accused or convicted of the violation of the criminal
laws of this state or any political subdivision thereof. Such term shall also
mean any probation supervisor or parole officer who is required to be certified
under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training
Act,' and whose principal duties directly relate to the supervision of adult
probationers or adult parolees. Such term also means any person employed by the
state or any political subdivision thereof whose principal duties include the
supervision of youth who are charged with or adjudicated for an act which if
committed by adults would be considered a crime.
(11)(12)
'State highway employee' means an employee of the Georgia Department of
Transportation who receives compensation directly therefrom and regularly
engages in duties necessary for the construction, maintenance, or operation of
roadways on or within the public roads of this state as defined in paragraph
(24) of Code Section 32-1-3.
(12)(13)
'Total permanent disability' means disability due to:
(A)
Loss of both eyes or blindness in both eyes with only light
perception;
(B)
Loss or loss of use of both hands;
(C)
Loss or loss of use of both legs;
(D)
Loss of a lower extremity or the residual effect of an organic disease or injury
which so affects the functions of balance or propulsion as to preclude
locomotion without resort to a wheelchair at all times; or
(E)
Organic brain damage."
SECTION
4.
Said
title is further amended by revising subsection (a) of Code Section 45-9-82,
public officers and employees, as follows:
"(a)
There is established a program to provide for indemnification with respect to
the:
(1)
Death of any law enforcement officer, firefighter, or prison guard who is or has
been killed in the line of duty subsequent to January 1, 1973;
(2)
Permanent disability of any law enforcement officer, firefighter, or prison
guard who is or has been permanently disabled in the line of duty subsequent to
January 1, 1973;
(3)
Death or permanent disability of any emergency medical technician who is killed
or permanently disabled or who has been killed or permanently disabled in the
line of duty subsequent to January 1, 1977;
(4)
Death or permanent disability of any emergency management rescue specialist who
is killed or permanently disabled on or after January 1, 1991
but prior to
July 1, 2012;
(5)
Death or permanent disability of any emergency management professional who is
killed or permanently disabled in the line of duty on or after July 1,
2012; and
(5)(6)
Death or permanent disability of any state highway employee who is killed or
permanently disabled in the line of duty on or after January 1,
1990."
SECTION
5.
Said
title is further amended by revising Code Section 45-9-84.2, relating to the
Georgia State Indemnification Fund, authorization for appropriation of moneys to
the fund, and money from other sources, as follows:
"45-9-84.2.
The
General Assembly is authorized to appropriate funds to be placed in the Georgia
State Indemnification Fund for the purpose of providing for indemnification with
respect to the death or disability of any law enforcement officer, firefighter,
or prison guard who is or has been killed or permanently disabled in the line of
duty subsequent to January 1,
1973,;
the death or disability of any emergency medical technician who is killed or
permanently disabled or has been killed or permanently disabled in the line of
duty subsequent to January 1,
1977,;
the death or disability of any emergency management rescue specialist who is
killed or permanently disabled on or after January 1, 1991,
but prior to
July 1, 2012; the death or disability of any emergency management professional
who is killed or permanently disabled in the line of duty on or after July 1,
2012; and the death or disability of any
state highway employee who is or has been killed or permanently disabled in the
line of duty subsequent to January 1, 1990, as well as defraying the expenses
and costs incurred by the department and the commission in the administration of
this part. In addition, the department is authorized to accept for deposit in
the Georgia State Indemnification Fund any other funds from any other source.
All funds appropriated to the Georgia State Indemnification Fund shall be
presumptively concluded to have been committed to the purpose for which they
have been appropriated and shall not lapse."
SECTION
6.
Said
title is further amended by revising Code Section 45-9-85, relating to payment
of indemnification for death or disability, procedure for making of payments,
and appeal, as follows:
"45-9-85.
(a)
Indemnification shall be paid under this article as follows:
(1)
In the case of a partial permanent disability suffered in the line of duty by a
law enforcement officer, firefighter, emergency medical technician, emergency
management rescue specialist,
emergency
management professional, state highway
employee, or prison guard, the eligible disabled person may elect payment of
$35,000.00 paid in equal monthly installments for five years or a lump sum of
such amount reduced to its present value upon the basis of interest calculated
at the rate of 6 percent per annum;
(2)
In the case of a total permanent disability suffered in the line of duty by a
law enforcement officer, firefighter, emergency medical technician, emergency
management rescue specialist,
emergency
management professional, state highway
employee, or prison guard, the injured person may elect to receive a payment of
$75,000.00 paid in equal monthly installments for five years or a lump sum of
such amount reduced to its present value upon the basis of interest calculated
at the rate of 6 percent per annum; or
(3)
In the case of death or organic brain damage suffered in the line of duty by a
law enforcement officer, firefighter, emergency medical technician, emergency
management
rescue
specialist,
emergency
management professional, state highway
employee, or prison guard, payment shall be made to the surviving unremarried
spouse or the dependents of the spouse or deceased person as shown in his or her
most recent tax return or to the legal guardian of the organically brain damaged
person. The surviving unremarried spouse, dependents, or the legal guardian may
elect to receive payment in a lump sum payment of $100,000.00 paid in equal
monthly installments for five years or a lump sum of such amount reduced to its
present value upon the basis of interest calculated at the rate of 6 percent per
annum.
(b)
After the department, or the commission upon review of a denial by the
department, determines that a law enforcement officer, firefighter, emergency
medical technician, emergency management rescue specialist,
emergency
management professional, prison guard, or
state highway employee has suffered a total permanent disability, a partial
permanent disability, organic brain damage, or death in the line of duty, the
department shall be authorized to make the appropriate payments as provided in
subsection (a) of this Code section.
(c)
If the department denies a claim, any person seeking benefits pursuant to this
part may appeal the department's decision to the commission. Any such appeal
shall be filed with the commission within 60 days of receipt of the department's
decision and shall identify the errors in the department's decision. Appeals
shall be considered by the commission at the commission's semiannual meeting as
provided in Code Section 45-9-84."
SECTION
7.
Said
title is further amended by revising Code Section 45-9-86, relating to
application for indemnification, as follows:
"45-9-86.
(a)
An application for indemnification with respect to a claim for total permanent
disability or partial permanent disability of a law enforcement officer,
firefighter, prison guard, emergency medical technician, emergency management
rescue specialist,
emergency
management professional, or state highway
employee shall be submitted by that person unless the person is mentally
incompetent, in which case the application may be made on such person's behalf
by his or her legal guardian.
(b)
An application for indemnification with respect to a claim for the death of a
law enforcement officer, firefighter, prison guard, emergency medical
technician, emergency management rescue specialist,
emergency
management professional, or state highway
employee shall be submitted by or on behalf of the surviving unremarried spouse
or dependents eligible under this part.
(c)
An application for indemnification with respect to death, organic brain damage,
total permanent disability, or partial permanent disability must be made within
24 months after the date of the incident giving rise to the death, organic brain
damage, or disability."
SECTION
8.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by revising subsection (b) of Code Section 50-3-13, relating to state
flags to honor service of deceased qualifying public safety officers, as
follows:
"(b)
For purposes of this Code section, a 'qualifying public safety officer' is a
peace officer, as defined in Code Section 35-8-2, sheriff, or firefighter,
emergency medical technician,
or
emergency
management
rescue specialist,
or emergency
management professional, as each is
defined in Code Section 45-9-81, or member of the Georgia National Guard. In
addition, 'qualifying public safety officer' is an officer killed in the line of
duty or an officer who has served as a qualifying public safety officer for a
period of not less than five years. A person committing or convicted of a
felony or crime of moral turpitude or whose certification or license to practice
as a public safety officer is revoked or terminated shall not be considered a
'qualifying public safety officer."
SECTION
9.
This
Act shall become effective on July 1, 2012.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.