House Bill 1124

AN ACT TO CREATE NEW SECTION 45-2-51, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE FIRST RESPONDERS FUNERAL BENEFITS TRUST FUND IN THE STATE TREASURY; TO DEFINE THE TERM "FIRST RESPONDERS" AS LAW ENFORCEMENT OFFICERS, FIREFIGHTERS AND EMERGENCY MEDICAL TECHNICIANS; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO MAKE PAYMENTS FOR FUNERAL BENEFITS TO SURVIVORS OF FIRST RESPONDERS KILLED IN THE LINE OF DUTY; TO REQUIRE PAYMENTS TO BE MADE WITHIN THREE DAYS OF A FIRST RESPONDER'S DEATH; TO REQUIRE THE DEPARTMENT TO ADMINISTER THE TRUST FUND; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 45-2-51, Mississippi Code of 1972:

45-2-51. (1) As used in this section, the following words and phrases have the meanings ascribed in this subsection unless the context clearly requires otherwise:

(a) "Covered individual" means a law enforcement officer, firefighter, including a volunteer firefighter, or emergency medical technician when employed by a state board, commission, department, division, bureau or agency, or a county, municipality or other political subdivision of the state.

(b) "Emergency medical technician" means a person who possesses a valid emergency medical technician's certificate issued under Chapter 59, Title 41, Mississippi Code of 1972, or who has a privilege to practice under the Emergency Medical Services Personnel Licensure Interstate Compact.

(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) "First responders" means law enforcement officers, firefighters and emergency medical technicians.

(e) "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) "Trust fund" means the First Responders Funeral Benefits Trust Fund.

(2) (a) There is established in the State Treasury a special fund to be known as the First Responders Funeral Benefits Trust Fund. No later than three (3) days after the date of death of a covered individual who is accidentally or intentionally killed while engaged in the performance of the person's official duties, the Department of Public Safety shall make a payment from the trust fund in an amount equal to the actual cost of funeral expenses, not to exceed Fifteen Thousand Dollars ($15,000.00), so long as the killing is not the result of suicide.

(b) The payment required under this section must be made to the beneficiary designated in writing by the covered individual during the covered individual's lifetime. If no designation was made, the payment must be made to the surviving next of kin of the covered individual, in the following order of priority: spouse; child or children; parent or parents; sibling or siblings. If there is no designated beneficiary and no surviving spouse, child, parent or sibling, the payment may be made, in the discretion of the Commissioner of Public Safety, to the person or persons responsible for arranging the funeral of the covered individual.

(c) The payment made under this section is in addition to any other payment that may be made under this chapter, workers' compensation or pension benefits and is exempt from the claims and demands of creditors of the covered individual.

(3) (a) The trust fund will be funded by an initial appropriation of One Hundred Fifty Thousand Dollars ($150,000.00) and will 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 must be subject to the limitations prescribed under Section 25-11-121.

(c) Unexpended amounts remaining in the trust fund at the end of the fiscal year may not lapse into the State General Fund, and any income earned on amounts in the trust fund must be deposited to the credit of the trust fund.

(4) The Department of Public Safety is responsible for the management of the fund and the disbursement of funeral benefits authorized under this section. The department shall adopt rules and regulations necessary to implement and standardize the payment of funeral benefits under this section and for the general administration of the trust fund. The rules and regulations adopted by the department must include a procedure by which a person entitled to benefits under this section, or a funeral business acting on behalf of the person, may submit documentation of the funeral expenses electronically to the department in order to facilitate payment of the benefits as expeditiously as possible.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.