HB298 By Representative Wood (R) RFD Ways and Means Education Rd 1 20-FEB-20

SYNOPSIS: Under existing law, any dependent child or spouse of a full-time law enforcement officer, full-time firefighter, or rescue squad member who was killed or became totally disabled in the line of duty is eligible to receive free tuition and costs for undergraduate studies at any state college, state community college, state junior college, or state technical college in the state.

Under existing law, the beneficiaries or dependents of a peace officer, firefighter, volunteer firefighter, or rescue squad member who was killed, or died as a result of injuries received while engaged in the performance of his or her duties, or died as a direct and proximate result of a heart attack or stroke are entitled to receive compensation in the amount of one hundred thousand dollars ($100,000) to be paid from the State Treasury.

This bill would extend the educational assistance provided to full-time law enforcement officers, firefighters, and rescue squad members under existing law to include reserve deputies and reserve police officers.

This bill would also expand the definition of peace officer to include reserve deputies and reserve police officers to extend death benefits to these individuals.

A BILL TO BE ENTITLED AN ACT

Relating to reserve deputies and reserve police officers; to amend Sections 36-21-102 and 36-30-1, Code of Alabama 1975, to provide educational assistance to reserve deputies and reserve police officers; and to expand the definition of peace officer to include reserve deputies and reserve police officers for purposes of the payment of death benefits.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 36-21-102 and 36-30-1, Code of Alabama 1975, are amended to read as follows:

§36-21-102.

"When a full-time law enforcement officer or full-time firefighter employed by the state, by any county, or by any municipality, a volunteer firefighter, reserve deputy, reserve police officer, a reserve deputy or a reserve police officer who is authorized by law enforcement, or a rescue squad member is or was killed or becomes totally disabled in the line of duty, free tuition for undergraduate study at any state college, state community college, state junior college, state technical college, in the State of Alabama, and other costs officially prescribed for the classes in the course of study, shall be paid for the following:

"(1) Any dependent child, natural or adopted, under 21 years of age at the time of death or total disability of the law enforcement officer, firefighter, or rescue squad member.

"(2) A spouse who has not remarried, provided initial enrollment is within five years of the death or total disability of the law enforcement officer, firefighter, volunteer firefighter, or rescue squad member.

§36-30-1.

"(a) For the purposes of this chapter, the following words and phrases shall have the following meanings:

"(1) AWARDING AUTHORITY. The State Board of Adjustment, created and existing pursuant to Article 4, Chapter 9 of Title 41.

"(2) COMPENSATION. The money benefits paid on account of injury or death which occurred during the course of employment or activity as a peace officer or firefighter and is in the nature of workers' compensation.

"(3) DEPENDENT CHILD. An unmarried child under the age of 18 years, or one over the age of 18 who is physically or mentally incapacitated from earning.

"(4) DIRECT AND PROXIMATE RESULT OF A HEART ATTACK OR STROKE. Death resulting from a heart attack or stroke caused by engaging or participating in a situation while on duty involving nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical service, prison security, disaster relief, other emergency medical response activity, or participation in a training exercise which involved nonroutine stressful or strenuous physical activity; and the heart attack or stroke is suffered while still on that duty after so engaging or participating or not more than 24 hours after so engaging or participating.

"(5) FIREFIGHTER or FIREFIGHTERS. A member or members of a paid or volunteer fire department of a city, town, county, or other subdivision of the state or of a public corporation organized for the purpose of providing water, water systems, fire protection services, or fire protection facilities in the state; and shall include the chief, assistant chief, wardens, engineers, captains, firefighters, and all other officers and employees of such departments who actually engage in fire fighting or in rendering first aid in case of drownings or asphyxiation at the scene of action.

"(6) PEACE OFFICER. All sheriffs, deputy sheriffs, constables, municipal police officers, municipal policemen, state and town marshals, members of the highway patrol, state troopers, Alcoholic Beverage Control Board Enforcement Division agents, enforcement officers of the Public Service Commission, revenue agents, and persons who are required by law to comply with the provisions of the Peace Officers' Minimum Standards, employees of the Board of Corrections, highway camp guards, law enforcement officers of the Department of Conservation and Natural Resources, all law enforcement officers of the Alabama Forestry Commission, livestock theft investigators of the Department of Agriculture and Industries, Capitol security guards, narcotic agents and inspectors of the State Board of Health, any other state, county, or municipal officer engaged in quelling a riot, or civil disturbance, reserve deputies, reserve police officers, reserve deputies or reserve police officers who are authorized by law enforcement, and university police officers.

"(7) RESCUE SQUAD MEMBER. A member of an organized rescue squad of a city, town, county, or other subdivision of the state or of a public corporation, organized for the purpose of providing, within the scope of his or her practice: First aid, treatment, or transport of the sick or injured; rescue or recovery operations at incidents of drowning; search and rescue of individuals lost or incapable of self rescue; or any other emergency or non-emergency incident where the services provided by the rescue squad are deemed necessary for incident stabilization. The term includes all commanders, officers, and members of organized rescue squads that are members of the Alabama Association of Rescue Squads.

"(b) For the purposes of this chapter, the following described persons shall be conclusively presumed to be wholly dependent:

"(1) Spouse, unless it be shown that the spouse was voluntarily living apart from the peace officer, firefighter, or rescue squad member at the time of death, or unless it be shown that the peace officer, firefighter, or rescue squad member was not in any way contributing to the spouse's support and had not in any way contributed to the spouse's support for more than 12 months next preceding the occurrence of the injury causing death.

"(2) Minor children under the age of 18 years and those over 18 if physically and mentally incapacitated from earning.

"(3) Spouse, child, mother, father, grandmother, grandfather, sister, brother, mother-in-law, and father-in-law who were wholly supported by a deceased peace officer, firefighter, or rescue squad member at the time of his or her death and for a reasonable period of time prior thereto shall be considered his or her dependents and payment of compensation may be made to them as hereinafter authorized.

"(c) If a paid or volunteer firefighter, peace officer, certified police officer, reserve law enforcement officer, or rescue squad member is killed while engaged in the performance of his or her duties and there are no designated beneficiaries, then the compensation shall be paid to his or her dependents or partial dependents in the manner prescribed by Section 36-30-3, and if there are none, the compensation shall be paid to his or her non-dependent children, and if there are none, the compensation shall be paid to his or her parents, and if there are none, the compensation shall be paid to the estate of the deceased.

"(d) Any member of the class named in subdivision (3) of subsection (b) who regularly derived part of his or her support from the earnings of the deceased peace officer, firefighter, or rescue squad member, as the case may be, at the time of his or her death and for a reasonable time immediately prior thereto shall be considered his or her partial dependent and payment of compensation may be made to such partial dependent as hereinafter authorized."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Law Enforcement

Police Officers

Education

Code Amended