MISSISSIPPI LEGISLATURE
2024 Regular Session
To: State Affairs; Appropriations A
By: Representatives Grady, Burch, Carpenter, Eure, Felsher, Ford (73rd), Hawkins, Hulum, Hurst, Lott, Mansell, McKnight, Zuber, Nelson, Mickens, Faulkner, Anthony, Foster
AN ACT TO AUTHORIZE MUNICIPALITIES, COUNTIES, STATE AGENCIES, BOARDS OR COMMISSIONS, AND PUBLIC UNIVERSITIES AND COLLEGES TO ADOPT POLICIES UNDER WHICH THEY ARE AUTHORIZED TO PAY, FOR UP TO 60 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, any state agency, board or commission, public universities and colleges that employ, appoint or otherwise engage 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 nonprivate entity.
(2) (a) (i) The governing authorities of any municipality, the board of supervisors of any county, any state agency, board or commission, and any public university or college may establish a policy to pay to the covered individual's beneficiary the full amount of the covered individual's regular compensation for up to sixty (60) 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, the board of supervisors of a county, any state agency, board or commission or public university or college adopt a policy pursuant to paragraph (a)(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, the state agency, board or commission, public university or college, 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 its passage.