MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Appropriations
By: Senator(s) DeLano, Barrett, Berry, Blackwell, Blount, Boyd, Branning, Brumfield, Butler, Carter, Chassaniol, Chism, England, Fillingane, Frazier, Harkins, Hickman, Horhn, Jackson, Jordan, Ladner, McMahan, Parker, Parks, Robinson, Simmons (13th), Sparks, Suber, Thomas, Thompson, Whaley, Younger
AN ACT TO AMEND SECTION 45-2-1, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNT OF THE PAYMENT TO COVERED INDIVIDUALS FROM THE LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS DEATH BENEFITS TRUST FUND; TO DELETE THE PROVISION OF LAW THAT AUTHORIZES PAYMENT TO A COVERED INDIVIDUAL'S ESTATE WHERE A BENEFICIARY IS NOT DESIGNATED AND THERE IS NO SURVIVING CHILD, SPOUSE OR PARENT; TO AUTHORIZE THE PAYMENT OF FUNERAL EXPENSES OF A COVERED INDIVIDUAL NOT TO EXCEED A CERTAIN AMOUNT; TO PROVIDE THAT A MINIMUM BALANCE SHALL BE MAINTAINED IN THE LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS DEATH BENEFITS TRUST FUND; TO DIRECT THE STATE TREASURER TO TRANSFER FUNDS IN EXCESS OF THIS MINIMUM BALANCE FROM THE LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS DEATH BENEFITS TRUST FUND TO THE LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS TRAINING AND EQUIPMENT TRUST FUND; TO CREATE THE LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS TRAINING AND EQUIPMENT TRUST FUND IN THE STATE TREASURY; TO ESTABLISH THE LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS TRAINING AND EQUIPMENT GRANT PROGRAM IN THE DEPARTMENT OF PUBLIC SAFETY; TO AUTHORIZE THE COMMISSIONER OF THE DEPARTMENT OF PUBLIC SAFETY AND THE STATE FIRE MARSHALL, UPON AGREEMENT, TO AWARD GRANTS FOR ENHANCED TRAINING OR SAFETY EQUIPMENT FOR COVERED INDIVIDUALS; 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, 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.
(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.
(2) (a) (i) The Department
of Public Safety shall make a payment, as provided in this section, in the amount
of * * * One Hundred Fifty Thousand Dollars ($150,000.00)
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 Dollars ($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. * * *
(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) The Department of Public Safety shall make a payment, as provided in this section, in the amount not to exceed Fifteen Thousand Dollars ($15,000.00) to pay funeral and other related burial expenses when a covered individual dies or receives accidental or intentional bodily injury that results in the loss of the covered individual's life. This payment may be made directly to the funeral home chosen by the next of kin and is subject to the availability of funds.
( * * *4) (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 * * * maintain a minimum balance of Four Million Dollars
($4,000,000.00), 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. * * * At the end of each state fiscal year, the State Treasurer shall
transfer any amount of funds that exceed the minimum required balance in paragraph
(a) of this subsection to the Law Enforcement Officers and Fire Fighters
Training and Equipment 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.
(5) (a) There is created in the State Treasury a special fund to be known as the Law Enforcement Officers and Fire Fighters Training and Equipment Trust Fund. Money in the fund may be disbursed pursuant to the Law Enforcement Officers and Fire Fighters Training and Equipment Grant Program established in this subsection. The fund shall consist of monies received from any source, including those transferred at the end of each fiscal year from the Law enforcement Death Benefit Trust Fund. Monies remaining in the revolving fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on the fund shall be deposited to the credit of the fund.
(b) There is established the Law Enforcement Officers and Fire Fighters Training and Equipment Grant Program in the Department of Public Safety. Upon agreement, the Commissioner of the Department of Public Safety and the State Fire Marshal may award grants for enhanced training or safety equipment for covered individuals.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.