Senate Bill 2180

AN ACT TO AMEND SECTIONS 37-107-1, 37-107-3 AND 37-107-5, MISSISSIPPI CODE OF 1972, TO PROVIDE SCHOLARSHIP BENEFITS FOR CHILDREN OF MEMBERS OF THE ARMED SERVICES WHO WERE FATALLY INJURED OR TOTALLY DISABLED AS A RESULT OF INJURIES OR WOUNDS WHICH OCCURRED DURING ACTIVE MILITARY DUTY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-107-1, Mississippi Code of 1972, is amended as follows:

37-107-1. (1) If any Mississippi law enforcement officer, full-time fire fighter or volunteer fire fighter shall suffer or has suffered fatal injuries or wounds or become permanently and totally disabled as a result of injuries or wounds which occurred in the performance of the official and appointed duties of his or her office, his or her spouse, child or children shall be entitled to an eight-semester scholarship without cost, exclusive of books, food, school supplies, materials and dues or fees for extracurricular activities, at any state-supported college or university of his or her choice within this state.

(2) If any member of the armed services, whose official house of record and residence is within the State of Mississippi, shall suffer or has suffered fatal injuries or wounds or become permanently and totally disabled as a result of injuries or wounds which occurred during active military duty, his or her child or children shall be entitled to an eight-semester scholarship without cost, exclusive of books, food, school supplies, materials and dues or fees for extracurricular activities, at any state-supported college or university of his or her choice within this state.

(3) No child shall be entitled to receive scholarship benefits during any semester or quarter when said child has reached the age of twenty-three (23) years on the first day of said semester or quarter. However, any child who has begun the process of acquiring college credits under the provisions of this section prior to attaining the age of twenty-three (23) years shall be entitled to the full eight-semester scholarship if his or her college instruction was interrupted for any reason.

(4) Scholarship benefits shall not accrue hereunder to any person if the wounds or injuries suffered by any law enforcement officer, full-time fire fighter, volunteer fire fighter, or member of the armed services are self-inflicted or if his death is self-induced.

SECTION 2. Section 37-107-3, Mississippi Code of 1972, is amended as follows:

37-107-3. (1) For the purposes of this chapter, Mississippi law enforcement officers shall be defined as follows:

(a) "State highway patrolmen" means all law enforcement officers, regardless of department or bureau, of the Mississippi Highway Safety Patrol.

(b) "Municipal police officers" means all law enforcement officers of any municipality who are regular duty personnel on full-time status, auxiliary or reserve officers, or those serving on a temporary or part-time status.

(c) "Sheriffs" and "deputy sheriffs" means all law enforcement officers of full-time duty status on a regular basis serving the sheriff's department of any county, deputy sheriffs who are engaged in administrative or civil duty, auxiliary or reserve deputies, or deputy sheriffs serving in a temporary capacity or part-time basis.

(d) "Constables" means all duly elected constables of any beat of any county within the state while actually engaged in the performance of their duties concerning the criminal laws of the county and state.

(e) "Conservation officers" means all duly appointed game wardens employed by the State of Mississippi on a full-time duty status while actually engaged in the performance of their duties concerning the game laws of the state.

(f) "Alcoholic Beverage Control Division agents and inspectors" means all duly appointed agents and investigators of the Alcoholic Beverage Control Division of the Mississippi State Tax Commission on a full-time duty status while actually engaged in the performance of their duties concerning the alcoholic beverage control laws of the state.

(g) Members of the National Guard serving as peace officers when ordered to state emergency duty under authority vested in the Governor by the Constitution and laws of the state.

(h) "Tax commission scales enforcement officers" means all duly appointed scales enforcement officers of the Mississippi State Tax Commission on a full-time duty status while actually engaged in the performance of their duties.

(i) Duly appointed agents of the Mississippi Bureau of Narcotics.

(j) Correctional, probation and parole officers employed by the Mississippi Department of Corrections.

(2) For the purposes of this chapter, Mississippi full-time fire fighters shall be defined as all fire fighters employed by any subdivision of the State of Mississippi on a full-time duty status while actually engaged in the performance of their duties, and volunteer fire fighters shall be defined as any volunteer fire fighter registered with the State of Mississippi or a political subdivision thereof on a volunteer fire fighting status while actually engaged in the performance of fire fighting duties.

(3) For the purposes of this chapter, "child" or "children" means natural children, adopted children or stepchildren.

(4) For purposes of this chapter, "spouse" means a person who was, at the time of the death of the decedent, legally married to a Mississippi law enforcement officer, full-time fire fighter, or volunteer fire fighter, or in the case of a law enforcement officer, full-time fire fighter or volunteer fire fighter who suffered fatal injuries or wounds, prior to or after March 13, 1990, who has not remarried.

(5) For purposes of this chapter, "member of the armed services" means a person serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve.

SECTION 3. Section 37-107-5, Mississippi Code of 1972, is amended as follows:

37-107-5. Any law enforcement officer, full-time fire fighter, volunteer fire fighter or member of the armed services claiming permanent and total disability under this chapter shall be qualified, or disqualified, for such claim upon examination and decision by any two (2) of the three (3) following staff members of the University of Mississippi Medical Center: (a) Chairman of the Board of Medicine, (b) Chief of the Division of Orthopedics, and (c) Professor and Chairman of Surgery.

The expenses of such examination shall be the responsibility of the individual claimant unless otherwise provided for by a municipality, county or the state.

SECTION 4. This act shall take effect and be in force from and after July 1, 2006.