SB159

By Senators Glover and Whatley

ENROLLED, An Act,

Relating to rescue squads; to amend Sections 36-21-101, 36-21-102, 36-30-1 to 36-30-5, inclusive, and 36-30-7, Code of Alabama 1975, by allowing certain surviving beneficiaries of a member of a rescue squad who is killed in the line of duty to receive free college tuition and compensation.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 36-21-101, 36-21-102, 36-30-1 to 36-30-5, inclusive, and 36-30-7, Code of Alabama 1975, are amended to read as follows:

§36-21-101.

"As used in this article, unless the context requires otherwise, the following terms shall have the following meanings:

"(1) BOARD. Tuition Eligibility Board.

"(2) ELIGIBLE PROGRAM. Any program leading to a diploma, certificate, or undergraduate degree in a state college, state community college, state junior college, state technical college, or state university.

"(3) 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 member of organized rescue squads that are members of the Alabama Association of Rescue Squads.

"(3) (4) TUITION. The cost of instruction and fees to the student as stated in the institution's catalog, plus the cost of books and supplies.

"(4) (5) VOLUNTEER FIREFIGHTER. Any person who meets all requirements set forth by his or her department, as attested by the chief of that department, and who is any of the following:

a. A member of a certified volunteer fire department as provided in Section 9-3-17.

b. A volunteer firefighter of a fire department of an incorporated municipality.

c. A volunteer firefighter of a fire district established pursuant to state law.

§36-21-102.

"Upon the effective date of Act 2009-631, when When a full-time law enforcement officer or full-time firefighter employed by the state, by any county, or by any municipality, or a volunteer firefighter, 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, or 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, or firefighter, or 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, 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 member 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, or firefighter, or rescue squad member at the time of death, or unless it be shown that the peace officer, or 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 or 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, or 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, or the deceased 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.

§36-30-2.

"(a) In the event a peace officer, or a firefighter, or a volunteer firefighter, who is a member of an organized volunteer fire department registered with the Alabama Forestry Commission, or a rescue squad member is killed, either accidentally or deliberately, or dies as a result of injuries received while engaged in the performance of his or her duties, or dies as a direct and proximate result of a heart attack or stroke, his or her beneficiaries or dependents shall be entitled to compensation in the amount of one hundred thousand dollars ($100,000) to be paid from the State Treasury as provided in Section 36-30-3, unless such death was caused by the willful misconduct of the officer, firefighter, or rescue squad member or was due to his or her own intoxication or his or her willful failure or refusal to use safety appliances provided by his or her employer or his or her willful refusal or neglect to perform a statutory duty or any other willful violation of a law or his or her willful breach of a reasonable rule or regulation governing the performance of his or her duties or his or her employment of which rule or regulation he or she had knowledge. Any peace officer, or any firefighter, or volunteer firefighter, or rescue squad member whose death results proximately from an injury received while performing his or her duties shall, for the purposes of this article, be deemed to have been killed while in the performance of such duties. If the State Health Officer determines from all available evidence that a volunteer firefighter, who is a member of an organized volunteer fire department registered with the Alabama Forestry Commission, has become totally disabled as a result of any injury received while engaged in the performance of his or her fire-fighting duties and the disability is likely to continue for more than 12 months from the date the injury is incurred, then the firefighter shall be entitled to receive disability compensation in the amount of one hundred thousand dollars ($100,000) to be paid from the State Treasury as provided in Section 36-30-3. The term total disability shall be interpreted to mean that the injured party is medically disabled to the extent that he or she cannot perform the duties of the job occupation or profession in which he or she was engaging at the time the injury was sustained. The State Health Officer may seek the assistance of any state agency in making the determination of disability and the state agencies shall cooperate with the State Health Officer in such regard. The State Health Officer shall render a decision within 30 days of the time a claim is filed. If such volunteer firefighter disagrees with any officer, he or she may appeal the determination to the State Board of Adjustment in accordance with such board's procedures for such appeals.

"(b) Beginning in calendar year 2009, the compensation amounts payable under this section shall be adjusted on January 1 of each year to reflect any increase during the preceding calendar year in the consumer price index as published by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment shall equal the percentage change in the consumer price index during the preceding calendar year.

"(c) Any person who currently serves or previously served as a firefighter or law enforcement peace officer who dies as a result of a firefighter's occupational disease as defined in Section 11-43-144 or 36-30-40, or law enforcement peace officer's occupational disease as defined in Section 36-30-20 shall be qualified for a state death benefit as provided in subsection (a) as if the person died in the performance of his or her duties, provided he or she satisfies the three years' service requirement and physical examination requirements set forth in Section 11-43-144, 36-30-22, or 36-30-41, respectively.

"(d) Any application for the state death benefit that was submitted during the period from April 29, 2010, until May 27, 2015, and denied because the firefighter or law enforcement peace officer was no longer employed on the date of death may be resubmitted based on subsection (c) within six months of May 27, 2015, and reconsidered and granted by the awarding authority.

§36-30-3.

"The compensation payable to surviving beneficiaries or dependents of peace officers, and firemen firefighters, or rescue squad members who are killed under the circumstances prescribed in Section 36-30-2 shall be paid to the beneficiaries designated by those peace officers or firefighters, or rescue squad members. If no beneficiaries have been designated, or if none remain, the compensation shall be paid to the persons entitled thereto without administration or to a guardian or such other person as the awarding authority may direct for the use of the persons entitled thereto, as follows:

"(1) If the deceased peace officer, or firefighter, or rescue squad member leaves a dependent spouse and no other dependents or partial dependents, the total amount of the compensation provided for in Section 36-30-2 shall be paid to the surviving spouse.

"(2) If the deceased peace officer, or firefighter, or rescue squad member leaves a dependent spouse and a dependent child or dependent children and no other dependents or partial dependents, then the total amount of the compensation provided for in Section 36-30-2 shall be paid to such surviving spouse for the benefit of herself or himself and such child or children, or, in its discretion, the awarding authority may determine what portion of the compensation shall be applied for the benefit of such child or children and may order the same paid to a guardian and then order only the remainder of such compensation paid to the surviving spouse.

"(3) If the deceased peace officer or firefighter, or rescue squad member leaves a dependent child or children and no dependent spouse or other dependents or partial dependents, then such child or children shall be entitled to the total amount of the compensation authorized in Section 36-30-2, and such compensation shall be paid to a duly appointed guardian of such child or children or, in the discretion of the awarding authority, such sum may be paid to the probate judge of the county of residence of the child or children. Any probate judge who receives any moneys due any child or children under this article shall handle and administer all such funds in the manner prescribed in Sections 26-7-2 through 26-7-5.

"(4) If the deceased peace officer, or firefighter, or rescue squad member leaves no dependent spouse or dependent child or children but leaves other dependents or partial dependents, then such dependents and partial dependents jointly shall be entitled to the total amount of the compensation provided in Section 36-30-2, and subject to the limitations prescribed hereinbelow, such compensation shall be paid to them in the amounts and manner ordered by the awarding authority.

"(5) If a deceased peace officer, or firefighter, or rescue squad member leaves a dependent spouse and other dependents or partial dependents but no dependent child or children, then the surviving spouse and the other dependents and partial dependents jointly shall be entitled to the total compensation provided in Section 36-30-2; and, subject to the limitations prescribed hereinbelow, such compensation shall be paid to such dependents in the proportions and in the manner ordered by the awarding authority; provided, however, that at least 50 percent of such compensation must be awarded to the dependent surviving spouse.

"(6) If a deceased peace officer, or firefighter, or rescue squad member leaves a dependent spouse and a dependent child or children and other dependents and partial dependents, then the awarding authority shall determine what portion of such compensation shall be paid to the spouse and child or children and, in its discretion, may order all such compensation paid to such spouse and child or children, but must provide that at least 70 percent thereof is paid to them.

"(7) If a deceased peace officer, or firefighter, or rescue squad member leaves a dependent child or children and other dependents and partial dependents but no dependent spouse, then the awarding authority shall determine what portion of such compensation such child or children are entitled to receive and, in its discretion, may order all such compensation awarded to such child or children, but must award at least 60 percent thereof to such child or children.

"(8) If a deceased peace officer, or firefighter, or rescue squad member leaves no dependent spouse or child or children but leaves other dependents and partial dependents, the awarding authority shall determine what portion of such compensation each dependent and each partial dependent shall be entitled to receive, but such authority may not award to a partial dependent a greater percent of such compensation than the percent of the deceased peace officer's, or firefighter's, or rescue squad member's average monthly income which was regularly contributed toward such partial dependent's support for a reasonable time immediately prior to the death of such officer, or firefighter, or rescue squad member. In its discretion the awarding authority may award all of the compensation provided for in Section 36-30-2 to such total dependents of the deceased officer, or firefighter, or rescue squad member to the exclusion of partial dependents.

§36-30-4.

"Compensation pursuant to this article for the death of a peace officer, or a firefighter, or rescue squad member shall be paid only to his or her designated beneficiaries or dependents who at the time of such officer's, or firefighter's, or rescue squad member's death were actually residents of the United States.

§36-30-5.

"(a) All claims for compensation as provided in this article shall be presented to the awarding authority within two years from the date of the death of the peace officer, or firefighter, or rescue squad member or the claims are forfeited. All such claims shall be presented in the form prescribed by the awarding authority, and proof of the facts and circumstances of the peace officer's, or firefighter's, or rescue squad member's death and, if necessary, the claimant's relationship to and dependence upon such peace officer, or firefighter, or rescue squad member shall be made in the manner prescribed by the awarding authority.

"(b) Notwithstanding the provisions of subsection (a), any person who was previously ineligible to claim the compensation provided in this article, but is now eligible to claim the compensation provided in this article because of the enactment of Act 2008-480, and who is making a claim based upon the death of a peace officer or firefighter who died on or after January 1, 2006, but prior to the enactment of Act 2008-480, shall be able to present his or her claim for compensation to the awarding authority within one year of the date of enactment of Act 2008-480 regardless of whether the claim was presented within one year from the date of the death of the peace officer or firefighter.

"(c) The awarding authority is hereby authorized to prescribe such forms and adopt such rules of evidence and procedure as it deems necessary or proper, not inconsistent with the provisions of this article, for the proper determination of all claims for compensation under this article.

§36-30-7.

"(a) This article shall not be construed to give any person a right of action against the State of Alabama in any court for the recovery of the compensation authorized by this article. This article shall not be construed to take away any right of action in any court under any other law for the recovery of damages for the death of a peace officer, or a fireman firefighter, or rescue squad member; nor, in the event of the death of a peace officer, or a fireman firefighter, or rescue squad member who was an employee of the State of Alabama at the time of the injury which proximately caused his or her death, shall this article be construed to take away the right or privilege of the surviving dependents of such peace officer, or fireman firefighter, or rescue squad member to file a claim for damages with the State Board of Adjustment pursuant to any other law.

"(b) The decision of the awarding authority shall be final and shall not be subject to appeal or review by any court."

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.

Rescue Squads

Public Safety

Firefighters

Emergencies

Law Enforcement Officers

Code Amended