Bill Text: MS HB1697 | 2024 | Regular Session | Introduced
Bill Title: Law enforcement and certain first responders killed in line of duty; authorize payment to family up to 30 days.
Spectrum: Slight Partisan Bill (Republican 12-6)
Status: (Passed) 2024-04-20 - Approved by Governor [HB1697 Detail]
Download: Mississippi-2024-HB1697-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To:
By: Representatives Grady, Burch, Carpenter, Eure, Felsher, Ford (73rd), Hawkins, Hulum, Hurst, Lott, Mansell, McKnight, Zuber
House Bill 1697
AN ACT TO AUTHORIZE MUNICIPALITIES AND COUNTIES TO ADOPT POLICIES UNDER WHICH THEY ARE AUTHORIZED TO CONTINUE TO PAY, FOR UP TO 30 DAYS, THE FULL REGULAR COMPENSATION OF ANY LAW ENFORCEMENT OFFICER, FIREFIGHTER OR EMERGENCY MEDICAL TECHNICIAN WHO PROTECTS THE PUBLIC INTEREST OF THE MUNICIPALITY OR COUNTY AND WHO IS KILLED IN THE LINE OF DUTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Whenever used in this section, the term:
(a) "Covered individual" means any individual who receives monetary compensation for his or her service as a law enforcement officer or firefighter, including a volunteer firefighter and any individual who receives monetary compensation for his or her service as an emergency medical technician 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 county or municipality that 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 firefighting activity, and is required to respond to alarms and performs 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.
(e) "Cause of death" means any cause of death that would be covered under the Public Safety Officers' Benefits Act of 1976, the Hometown Heroes Survivors Benefits Act of 2003, generally codified at 42 USCS Chapter 46, or the Safeguarding America's First Responders Act of 2020.
(f) "Emergency medical technician" means a person licensed under Section 41-59-1 et seq., to provide emergency medical services as an emergency medical technician-ambulance, emergency medical technician-advanced, emergency medical technician-paramedic, or emergency medical technician-nurse-paramedic and who is employed by a non-private entity.
(2) (a) (i) The governing authorities of any municipality and the board of supervisors of any county may establish a policy by a resolution adopted and place on its minutes under which the municipality or county is authorized, in its discretion, to pay to the covered individuals beneficiary the full amount of the covered individual's regular compensation for up to thirty (30) days when a covered individual, while engaged in the performance of the person's official duties, dies or receives accidental or intentional bodily injury that results in the loss of the covered individual's life and such death is the result of a covered cause of death, provided that the death is not the result of suicide and that the bodily injury is not intentionally self-inflicted.
(ii) If the governing authorities of a municipality or the board of supervisors of a county adopts a policy pursuant to subparagraph (i) of this subsection (2), then within one (1) day after the date of death of a covered individual who dies while in performance of his or her duties, as set under this subsection, the governing authorities of the municipality or the board of supervisors, as the case may be, may make a payment in the amount set out under subparagraph (i) of this subsection (2) to the beneficiary of the covered individual.
(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 or other payments made pursuant to Section 45-2-1 and is exempt from the claims and demands of creditors of the covered individual.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.
