MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Insurance; Appropriations
By: Representatives Miles, Barton, Carpenter, Evans (43rd), Holloway, Lamar, Oberhousen, Steverson, White, DeBar, Chism, Baria, Evans (70th), Evans (91st), Calhoun, Clark, Clarke, Dickson, Hines, Horan, Moak, Straughter, Williams-Barnes, Thomas, Burnett, Harrison, Hamilton, Massengill, Crawford, Brown (20th), Young, Bennett
AN ACT TO AMEND SECTION 45-2-1, MISSISSIPPI CODE OF 1972, TO EXPAND THE COVERAGE OF THE LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS DEATH BENEFITS TRUST FUND TO INCLUDE EMERGENCY MANAGEMENT AGENCY PERSONNEL; TO AMEND SECTION 45-2-21, MISSISSIPPI CODE OF 1972, TO EXPAND THE COVERAGE OF THE LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS DISABILITY BENEFITS TRUST FUND TO INCLUDE EMERGENCY MANAGEMENT AGENCY PERSONNEL; TO AMEND SECTION 63-16-13, MISSISSIPPI CODE OF 1972, TO PROVIDE ADDITIONAL FUNDING FOR THE TRUST FUND; 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 * * *, firefighter or emergency
management agency personnel as defined in this section when employed by an
employer as defined in this section; it does not include employees of
independent contractors. "Covered individual" also includes
volunteer firefighters.
(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) "Emergency management agency personnel" means a person who is involved in performing emergency management functions that provide for the health and safety of persons and property in the State of Mississippi, and who is employed by an emergency management agency that is duly authorized and empowered under state or federal law to engage in emergency management activities in the State of Mississippi.
( * * *d) "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 fire-fighting
activity, and is required to respond to alarms and perform emergency actions at
the location of a fire, hazardous materials or other emergency incident.
( * * *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.
(2) (a) 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 law enforcement officer, while engaged in the
performance of the person's official duties, is accidentally or intentionally
killed or receives accidental or intentional bodily injury that results in the
loss of the covered individual's life, provided that the killing is not the
result of suicide and that the bodily injury is not intentionally self-inflicted.
(b) 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 firefighter, while engaged in the performance of the
person's official duties, is accidentally or intentionally killed or receives
accidental or intentional bodily injury that results in loss of the covered
individual's life, provided that the killing is not the result of suicide and
that the bodily injury is not intentionally self-inflicted.
(c) 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 an emergency management agency personnel, while engaged in the performance of the person's official duties, is accidentally or intentionally killed or receives accidental or intentional bodily injury that results in the loss of the covered individual's life, provided that the killing is not the result of suicide and that the bodily injury is not intentionally self-inflicted.
( * * *d) 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.
( * * *e) 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 * * *,
Fire Fighters and Emergency Management Agency Personnel Death Benefits
Trust Fund. The trust fund shall be funded by an initial appropriation of Two
Hundred Thousand Dollars ($200,000.00), that portion of excess funds
designated in Section 63-16-13, 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.
(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 * * *, fire fighter or emergency
management agency personnel 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) "Emergency management agency personnel" means a person who is involved in performing emergency management functions that provide for the health and safety of persons and property in the State of Mississippi, and who is employed by an emergency management agency that is duly authorized and empowered under state or federal law to engage in emergency management activities in the State of Mississippi.
( * * *d) "Fire fighter" 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 fire-fighting
activity, and is required to respond to alarms and perform emergency actions at
the location of a fire, hazardous materials or other emergency incident.
( * * *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. "Law enforcement officer" shall include constables.
(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 * * *,
Fire Fighters and Emergency Management Agency Personnel Disability
Benefits Trust Fund. The trust 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 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.
(4) The Attorney General's office shall be responsible for the management of the trust 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 trust 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 trust fund for the administration and management of the trust fund and carrying out the purposes of this section.
SECTION 3. Section 63-16-13, Mississippi Code of 1972, is amended as follows:
63-16-13. (1) If the owner of a motor vehicle being operated on the public roads, streets or highways of the State of Mississippi or registered in the State of Mississippi fails to have motor vehicle liability insurance in at least the minimum amounts required under Section 63-15-3(j), the Commissioner of Public Safety, the Commissioner of Revenue or a court of proper jurisdiction shall suspend the vehicle registration and/or the owner's or the operator's driving privilege and shall impose a civil penalty in an amount of Three Hundred Dollars ($300.00) upon a first conviction, in an amount of Four Hundred Dollars ($400.00) upon a second conviction and in an amount of Five Hundred Dollars ($500.00) upon a third or subsequent conviction. If suspended, the registration or driving privilege shall not be reinstated until the owner has motor vehicle liability insurance in at least the minimum amounts required under Section 63-15-3(j) and has paid the civil penalties imposed. Any person shall have the right to appeal any suspension or civil penalty under this section in a court of proper jurisdiction. If the matter is appealed and a violation is found, then the court shall not reduce, suspend or suspend the execution of any penalty imposed under the provisions of this subsection, in whole or inpart. It shall be the duty of the county prosecuting attorney, an attorney employed under the provisions of Section 19-3-49, or in the event there is no such prosecuting attorney for the county, the duty of the district attorney to represent the state in any appeal held under this subsection. Civil penalties collected under this subsection shall be deposited into the special fund created under subsection (2) of this section. However, if the appeal of such civil penalty would be under the proper jurisdiction of a municipal court, One Hundred Dollars ($100.00) of the funds from such civil penalty shall be deposited in the general fund of that municipality. If the appeal of such civil penalty would be under the proper jurisdiction of any of the courts of a county, One Hundred Dollars ($100.00) of the funds from such civil penalty shall be deposited in the general fund of that county. A person convicted of a civil violation under this subsection (1) shall not be convicted of a criminal offense under Section 63-15-4(4) arising from the same incident.
(2) (a) There is created
in the State Treasury a special fund to be designated as the "Uninsured
Motorist Identification Fund." The fund shall consist of monies deposited
therein as provided under subsection (1) of this section and monies from any
other source designated for deposit into such fund. Unexpended amounts
remaining in the fund at the end of a fiscal year shall not lapse into the
State General Fund, and any interest earned or investment earnings on amounts
in the fund shall be deposited to the credit of the fund; however, * * * one-third (1/3) of
any monies in excess of the amount needed to defray the expenses and costs of
the verification system created under Section 63-16-3 remaining in the fund at
the end of a fiscal year shall be transferred to the Motor Vehicle Ad Valorem
Tax Reduction Fund created under Section 27-51-105, * * * one-third (1/3) of
any monies in excess of the amount needed to defray the expenses and costs of
the verification system created under Section 63-16-3 remaining in the fund at
the end of a fiscal year shall be transferred to the Mississippi Trauma Care
Systems Fund created under Section 41-59-75, and one-third (1/3) of any
monies in excess of the amount needed to defray the expenses and costs of the
verification system created under Section 63-16-1 remaining in the fund at the
end of a fiscal year shall be transferred to the Law Enforcement Officers,
Firefighters and Emergency Management Agency Personnel Death Benefits Trust
Fund created under Section 45-2-1.
(b) Monies in the special fund may be used by the Department of Public Safety and the Department of Revenue, upon appropriation by the Legislature, only for the purpose of defraying expenses and costs for the motor vehicle insurance verification system created under Section 63-16-3. Monies in the fund used for the purposes described in this paragraph (b) shall be in addition to other funds available from any other source for such purposes.
SECTION 4. This act shall take effect and be in force from and after July 1, 2013.