Bill Text: MS SB2652 | 2026 | Regular Session | Introduced
Bill Title: First responders; include county and municipal road workers as eligible for death and disability benefits.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [SB2652 Detail]
Download: Mississippi-2026-SB2652-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) McLendon
Senate Bill 2652
AN ACT TO AMEND SECTION 45-2-1, MISSISSIPPI CODE OF 1972, TO INCLUDE COUNTY AND MUNICIPALITY ROAD WORKERS DURING AND AFTER EMERGENCIES AS INDIVIDUALS ELIGIBLE TO RECEIVE BENEFITS FROM THE LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS DEATH AND DISABILITY BENEFITS TRUST FUND; TO AMEND SECTION 45-2-21, MISSISSIPPI CODE OF 1972, TO INCLUDE COUNTY AND MUNICIPALITY ROAD WORKERS DURING AND AFTER EMERGENCIES AS INDIVIDUALS ELIGIBLE TO RECEIVE BENEFITS FROM THE LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS DISABILITY BENEFIT TRUST FUND; TO AMEND SECTION 45-41-1, MISSISSIPPI CODE OF 1972, TO ADD CONFORMING DEFINITIONS; 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, and county road and public works employees during and after emergencies, 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 firefighting 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.
( * * *f) "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.
(2) (a) (i) 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 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) In addition to the payment authorized in subparagraph (i) of this paragraph, the Department of Public Safety shall pay Twenty-five Thousand Dollars ($25,000.00) per child of the covered individual, not to exceed a total payment of Two Hundred Fifty Thousand ($250,000.00) under this subsection (2).
(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. However, any unexpended amounts transferred in accordance with Section 2 of Chapter 315, Laws of 2022, and remaining in the trust fund at the end of the state fiscal year shall lapse into the Coronavirus State Fiscal Recovery 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 45-2-21, Mississippi Code of 1972, is amended as follows:
45-2-21. (1) Whenever used in this section, the term:
(a) "Covered individual" means a law enforcement officer or firefighter, including volunteer firefighters, and county road and public works employees during and after emergencies, as defined in this section while actively engaged in protecting the lives and property of the citizens of this state 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 firefighting 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.
(e) "Road/Public works" means an individual who is trained for the maintenance and repair of publicly owned roads and utilities of a county or municipality. Personnel who may be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters and perform emergency actions at the location of the incident to remove trees and debris, or control hazards related to gas, power or water, so that other responders may safely respond with life safety operations.
(2) (a) The Attorney General's office shall make a monthly disability benefit payment equal to thirty-four percent (34%) of the covered individual's regular base salary at the time of injury when a covered individual, while engaged in the performance of the individual's official duties, is accidentally or intentionally injured in the line of duty as a direct result of a single incident. The benefit shall be payable for the period of time the covered individual is physically unable to perform the duties of the covered individual's employment, not to exceed twelve (12) total payments for any one (1) injury. Chronic or repetitive injury is not covered. Benefits made available under this section shall be in addition to any workers' compensation benefits and shall be limited to the difference between the amount of workers' compensation benefits and the amount of the covered individual's regular base salary. Compensation under this section shall not be awarded where a penal violation committed by the covered individual contributed to the disability or the injury was intentionally self-inflicted.
(b) Payments made under this subsection are 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 Disability Benefits Fund. The fund shall be funded by any 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 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 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 fund shall be deposited to the credit of the fund.
(4) The Attorney General's office shall be responsible for the management of the fund and the disbursement of disability benefits authorized under this section. The Attorney General shall adopt rules and regulations necessary to implement and standardize the payment of disability benefits under this section, to administer the fund created by this section and to carry out the purposes of this section. The Attorney General's office may expend up to ten percent (10%) of the monies in the fund for the administration and management of the fund and carrying out the purposes of this section.
(5) From and after July 1, 2016, the expenses of the Law Enforcement Officers and Fire Fighters Disability Benefits Fund shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.
(6) From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
SECTION 3. Section 45-41-1, Mississippi Code of 1972, is amended as follows:
45-41-1. (1) This section shall be known and cited as the "Mississippi Silver Alert System Act of 2010."
(2) The Legislature finds that:
(a) Wandering is a common behavior among those persons with dementia or other cognitive impairments that causes great concern for the families and caregivers of this state;
(b) This state is not currently equipped with the systems necessary to locate those with dementia or other cognitive impairments in a timely manner, with the unfortunate result that some individuals are never returned home to their families; and
(c) It is imperative that this state develop a plan to ensure that if an individual with dementia or other cognitive impairments is missing, the appropriate infrastructure is available and can be easily and timely activated to protect the health and safety of these vulnerable citizens.
(3) When used in this section, unless the context requires a different definition, the following terms shall have the following meanings:
(a) "E911" means Enhanced Universal Emergency Number Service or Enhanced 911 Service, which is a telephone exchange communications service by which a Public Safety Answering Point designated by the county or local communication district may receive telephone calls dialed to the telephone number 911.
(b) "First responders" means state and local law enforcement personnel, fire department personnel, emergency medical personnel, emergency management personnel and public works personnel who may be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters and emergencies.
(c) "Originating local law enforcement agency" means a local police or sheriff's office that has jurisdiction over the area where a person became missing.
(4) (a) The Bureau of Investigation of the Department of Public Safety shall implement a statewide "Silver Alert System" that has the purpose of providing a tiered, rapid response system to notify the public about missing endangered adults, who are age eighteen (18) or older, with dementia or other cognitive impairments. The initial response may be local, statewide or national based on available information about the missing person.
(b) A Silver Alert activation request may be made only by a law enforcement agency, and the Bureau of Investigation of the Department of Public Safety may only activate a Silver Alert after a request is made.
(c) To activate a Silver Alert, all of the following criteria must be met:
(i) The missing adult, age eighteen (18) or older, is believed to have dementia or other cognitive impairments;
(ii) The person is believed to be missing and in imminent danger regardless of circumstance;
(iii) The family, legal caregiver or custodian of the missing person has submitted a missing person's report to the local law enforcement agency in the jurisdiction where the person became missing, with all waiting periods being waived; and
(iv) The law enforcement agency that has jurisdiction of where the person became missing reports the incident to the Bureau of Investigation of the Department of Public Safety through the Mississippi Highway Patrol Headquarters Communication Center.
(d) To initiate a request to activate a Silver Alert, the family, legal caregiver or custodian of the missing person must file immediately a report of the missing person with the local law enforcement agency where the person became missing that includes the following information:
(i) A description of the missing person including physical characteristics, clothing and photos, if available;
(ii) A description of the known circumstances under which the person became missing including the time, place, direction, possible destinations, whether the person is walking or in a vehicle, and all other pertinent information concerning where the person may have become missing; and
(iii) Updates on the missing person as new information becomes available.
(e) The originating local law enforcement agency, after completing the investigation expeditiously and determining that the case meets the qualifying criteria prescribed in this section, shall:
(i) Waive in the case of a Silver Alert, any waiting periods for a missing person's report in order to galvanize the appropriate communities rapidly to assist in the search for and the safe recovery of the missing person;
(ii) Notify the Mississippi Highway Patrol Headquarters Communication Center and electronically send to the center the completed Silver Alert forms and available photos, signed by the police chief, sheriff, commanding officer or his or her designee;
(iii) Enter the information into the National Crime Information Center (NCIC);
(iv) Using a tiered approach based on known circumstances, initiate an alert bulletin to all local law enforcement, E911 and first responder agencies to search the immediate area;
(v) Activate secondary alert systems to residents, businesses, and broadcast media in the immediate area;
(vi) Provide a twenty-four-hour phone number to receive calls while continuing the investigation; and
(vii) Update the family, legal caregiver or custodian of the missing person as new information becomes available.
(5) (a) After the Bureau of Investigation of the Department of Public Safety has been contacted by a local law enforcement agency requesting a Silver Alert activation, the Criminal Information Center shall consider before the activation of the Silver Alert procedures by the Silver Alert coordinator, or his or her designee, the information contained in the initial Silver Alert report form to ensure that it meets all criteria specified in subsection (4)(c) of this section. Elements of the missing person case to be considered are:
(i) Threat of imminent harm or death to the missing person because of age, health, mental or physical disability, environmental or weather conditions;
(ii) Time of initial report in relation to the time of disappearance, including whether the disappearance is unexplained, involuntary or is under suspicious circumstances;
(iii) Believed to be walking or in a vehicle;
(iv) Witness information;
(v) Possible domestic dispute involving the missing person; and
(vi) Other facts that indicate the missing person is in danger of serious injury or death, including whether there is possible criminal intent toward the missing person or whether someone witnessed the disappearance.
(b) Each case shall be reviewed on its own merits, and if there are extenuating circumstances, the required criteria in this section may be amended or expanded depending on the merits presented.
(c) Only the Silver Alert coordinator, or his or her designee, may authorize activation of a statewide Silver Alert and if an activation is authorized, the Criminal Information Center shall:
(i) Prepare an announcement concerning the missing person;
(ii) Contact the designated media stations to activate the alert; and
(iii) Request the Mississippi Department of Transportation to activate electronic signs, if appropriate.
(d) If the missing person is believed to be in a vehicle, the Silver Alert coordinator shall send information and available photos via emails and fax to the statewide communications systems, news media and other forms of public communication or electronic resources.
(6) (a) Following the initial alert, a Silver Alert broadcast shall be updated by television and radio stations as necessary until such time that an end of alert message is received from the law enforcement agency that requested the initial Silver Alert.
(b) Local and statewide broadcast stations shall exercise their own independent discretions as to whether to repeat the required broadcasts prescribed in this section more frequently and shall determine the frequency in which the alert is re-broadcast following the initial alert.
(c) The Silver Alert termination notification shall be issued twenty-four (24) hours after the airing of the latest and most current information or when the case has been resolved and verification from the originating local law enforcement agency has been received by the Department of Public Safety.
(7) (a) If the circumstances of a person's disappearance do not meet the criteria for a Silver Alert to activate statewide communication systems, in addition to a local law enforcement agency activating a Purple Alert, the Bureau of Investigation of the Department of Public Safety may offer an alternate form of mass notification as provided in this section.
(b) The alternate form of mass notification may be an email that includes a photograph and the Silver Alert initial reporting form that is sent through a statewide network of law enforcement and first responder agencies, news media offices and other forms of public communication.
(c) The email authorized in paragraph (b) of this subsection (7) shall contain information taken from the Silver Alert initial reporting form that is submitted by the originating local law enforcement agency.
(d) The email alerting news media and law enforcement agencies of a person's disappearance that does not meet the criteria of a Silver Alert activation shall include the following paragraph at the beginning of the email:
"The (name of law enforcement agency) has requested the following information be provided to the Mississippi news media and law enforcement agencies: At the present time, information being provided to the Mississippi Department of Public Safety by the (name of law enforcement agency) does not meet the criteria to activate a Silver Alert. It is left to the discretion of each law enforcement agency and news department receiving this email as to whether the attached information, regarding the disappearance of this person and/or the photograph of this person, will be released to the public."
(e) If further investigation into the disappearance produces evidence that may change the initial circumstances as reported to local law enforcement, the Department of Public Safety may reconsider activating a Silver Alert notwithstanding the existence of an active Purple Alert previously initiated by a local law enforcement agency.
SECTION 4. This act shall take effect and be in force from and after July 1, 2026.
