Bill Text: MI SB1079 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Law enforcement; funds; distribution of funds from the public safety officer benefit act; modify. Amends secs. 2 & 4 of 2004 PA 46 (MCL 28.632 & 28.634).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-09-05 - Referred To Committee On Government Operations [SB1079 Detail]
Download: Michigan-2017-SB1079-Introduced.html
SENATE BILL No. 1079
September 5, 2018, Introduced by Senators ANANICH, BIEDA, WARREN, HOPGOOD, YOUNG, KNEZEK, GREGORY and ROCCA and referred to the Committee on Government Operations.
A bill to amend 2004 PA 46, entitled
"Public safety officers benefit act,"
by amending sections 2 and 4 (MCL 28.632 and 28.634), section 2 as
amended by 2016 PA 284.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Commission" means the Michigan commission on law
enforcement standards created under the Michigan commission on law
enforcement standards act, 1965 PA 203, MCL 28.601 to
28.616.28.615.
(b) "Dependent" means any individual who was substantially
reliant for support upon the income of the deceased or permanently
and totally disabled public safety officer.
(c) "Direct and proximate" means that the antecedent event is
a substantial factor in the result.
(d) "Firefighter" means a regularly employed member of a fire
department of a city, county, township, village, state university,
or community college or any authority, district, board, or other
entity created in whole or in part by 1 or more cities, counties,
villages, or townships, or a member of the department of natural
resources who is employed to fight fires. Firefighter includes a
volunteer member of a fire department.
(e) "Law enforcement officer" means an individual involved in
crime and juvenile delinquency control or reduction or enforcement
of the criminal law. Law enforcement officer includes police,
corrections, probation, parole, bailiffs, or other similar court
officers.
(f) "Line of duty" means either of the following:
(i) Any action which an officer whose primary function is
crime control or reduction, enforcement of the criminal law, or
suppression of fires is obligated or authorized by rule,
regulations, condition of employment or service, or law to perform,
including those social, ceremonial, or athletic functions to which
the officer is assigned, or for which the officer is compensated,
by the public agency he or she serves. For other officers, line of
duty
means any action the officer is so obligated or authorized to
perform in the course or controlling or reducing crime, enforcing
the criminal law, or suppressing fires.
(ii) Any action which an officially recognized or designated
public employee member of a rescue squad or ambulance crew is
obligated or authorized by rule, regulation, condition of
employment or service, or law to perform.
(g) "Medical benefit plan" means a plan to provide for the
payment of medical, optical, or dental benefits, including, but not
limited to, hospital and physician services, prescription drugs,
and related benefits.
(h) "Member of a rescue squad or ambulance crew" means an
emergency medical technician, a medical first responder, or a
paramedic, as those terms are defined in sections 20904, 20906, and
20908 of the public health code, 1978 PA 368, MCL 333.20904,
333.20906, and 333.20908, or an officially recognized or designated
employee or volunteer member of a rescue squad or ambulance crew.
(i) "Permanent and total disability" means medically
determinable consequences of a catastrophic, line-of-duty injury
that permanently prevent a former public safety officer from
performing any gainful work.
(j) "Public safety officer" or "officer" means any individual
serving a public agency or any authority, district, board, or other
entity created in whole or in part by 1 or more cities, counties,
villages, or townships, in an official capacity, with or without
compensation, as a law enforcement officer, firefighter, or member
of a rescue squad or ambulance crew.
(k) "Surviving spouse" means the husband or wife of the
deceased officer at the time of the officer's death, and includes a
spouse living apart from the officer at the time of the officer's
death for any reason.
Sec. 4. (1) If a public safety officer dies or is permanently
and totally disabled as the direct and proximate result of a
personal injury sustained in the line of duty, the state shall pay
a
benefit of $25,000.00 $50,000.00
to 1 of the following:
(a) If the deceased public safety officer leaves a surviving
spouse, to that surviving spouse.
(b) If the deceased public safety officer does not leave a
surviving spouse, to his or her dependents.
(c) If the deceased public safety officer does not leave a
surviving spouse or any surviving dependents, payment shall be made
to the estate of the deceased public safety officer.
(d) If the public safety officer is permanently and totally
disabled, to the spouse, but if there is no spouse, to the
dependents, and if there are no dependents, then to the entity
providing care to the permanently and totally disabled public
safety officer.
(2)
The benefit shall must be paid in addition to any other
benefit that the beneficiary receives due to the death of the
public safety officer.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
