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SB 377 - Law Enforce. Disabled, But Not Permanently - compensation

Hecht, Greg K. (34th)	Scott, David (36th)	Kemp, Rene' D (3rd)
Meyer von Bremen, Michael S. (12th)

Status Summary	SC:	Judy	HC:	PubS	FR:	01/27/00	LA:	04/12/00	Signed by Governor

First Reader Summary

A bill to be entitled an Act to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide a program of compensation for law enforcement officers who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firemen who become physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty while fighting a fire; to provide a conditional effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.

Code Sections - 45-9-101/ 45-9-102/ 45-9-103/ 45-9-104/ 45-9-105/ 45-9-106

SB 377 00                                            SB377/AP 
      SENATE BILL 377 
 
      By:  Senators Hecht of the 34th, Scott of the 36th, 
           Kemp of the 3rd and Meyer von Bremen of the 12th 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 9 of Title 45 of the Official Code of 
  1- 2  Georgia Annotated, relating to insuring and indemnification 
  1- 3  of public officers and employees, so as to provide a program 
  1- 4  of compensation for law enforcement officers who become 
  1- 5  physically disabled, but not permanently disabled, as a 
  1- 6  result of physical injury incurred in the line of duty and 
  1- 7  caused by a willful act of violence and for firemen who 
  1- 8  become physically disabled, but not permanently disabled, as 
  1- 9  a result of a physical injury incurred in the line of duty 
  1-10  while fighting a fire, which program shall entitle an 
  1-11  injured law enforcement officer or fireman to receive 
  1-12  monthly compensation from the state in an amount equal to 
  1-13  such person's regular compensation for the period of time 
  1-14  that the law enforcement officer or fireman is physically 
  1-15  unable to perform the duties of his or her employment; to 
  1-16  provide that such benefits provided in this Act shall not be 
  1-17  granted for injuries resulting from a single incident for 
  1-18  more than a total of 12 months; to provide certain 
  1-19  exceptions and limitations with respect to such program of 
  1-20  compensation; to provide for a statement of purpose; to 
  1-21  define certain terms; to provide that benefits made 
  1-22  available under this Act shall be subordinate to workers' 
  1-23  compensation benefits and compensation benefits from an 
  1-24  employer which the law enforcement officer or fireman is 
  1-25  awarded and shall be limited to the difference between the 
  1-26  amount of workers' compensation benefits and compensation 
  1-27  benefits actually paid and the amount of the law enforcement 
  1-28  officer's or fireman's regular compensation; to provide for 
  1-29  applications for compensation; to provide for administration 
  1-30  by the Georgia State Indemnification Commission; to provide 
  1-31  for rules and regulations; to provide that compensation 
  1-32  shall not be awarded where penal violation caused or 
  1-33  contributed to disability; to prohibit the giving of false 
  1-34  information or testimony; to provide a penalty for giving 
  1-35  false information or testimony; to provide for liability 
  1-36  with respect to funds paid as a result of false information 
  1-37  or testimony; to provide a conditional effective date and 
 
 
 
 
                                 -1- 
 
 
 
  2- 1  for automatic repeal; to repeal conflicting laws; and for 
  2- 2  other purposes. 
 
  2- 3       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  2- 4                           SECTION 1. 
 
  2- 5  Chapter 9 of Title 45 of the Official Code of Georgia 
  2- 6  Annotated, relating to insuring and indemnification of 
  2- 7  public officers and employees, is amended by designating 
  2- 8  Code Sections 45-9-80 through 45-9-91 of Article 5, relating 
  2- 9  to law enforcement officers, firemen, prison guards, and 
  2-10  publicly employed emergency medical technicians, as Part 1 
  2-11  of said article, and by striking from Code Sections 45-9-80 
  2-12  through 45-9-91 wherever the same shall appear the word 
  2-13  "article" and inserting in lieu thereof the word "part". 
 
  2-14                           SECTION 2. 
 
  2-15  Said chapter is further amended by adding at the end of 
  2-16  Article 5, relating to law enforcement officers, firemen, 
  2-17  prison guards, and publicly employed emergency medical 
  2-18  technicians, a new Part 2 to read as follows: 
 
 
 
  2-19    45-9-101. 
 
  2-20    The purpose of this part is to implement the 
  2-21    constitutional amendment ratified November 7, 2000, 
  2-22    authorizing the General Assembly to provide a program of 
  2-23    compensation for law enforcement officers who become 
  2-24    physically disabled, but not permanently disabled, as a 
  2-25    result of physical injury incurred in the line of duty and 
  2-26    caused by a willful act of violence and for firemen who 
  2-27    become physically disabled, but not permanently disabled, 
  2-28    as a result of physical injury incurred in the line of 
  2-29    duty while fighting a fire, which program shall entitle an 
  2-30    injured law enforcement officer or fireman to receive 
  2-31    monthly compensation from the state in an amount equal to 
  2-32    such person's regular compensation for the period of time 
  2-33    that the law enforcement officer or fireman is physically 
  2-34    unable to perform the duties of his or her employment, not 
  2-35    exceeding 12 months, and to provide certain exceptions and 
  2-36    limitations with respect to such program of compensation. 
 
  2-37    45-9-102. 
 
  2-38    As used in this part, the term: 
 
 
 
 
                                 -2- 
 
 
 
  3- 1      (1) 'Commission' means the Georgia State Indemnification 
  3- 2      Commission created in Code Section 45-9-83. 
 
  3- 3      (2) 'Fireman' means any person who is employed as a 
  3- 4      professional firefighter on a full-time basis by any 
  3- 5      municipal, county, or state government fire department 
  3- 6      employing three or more firemen and who has the 
  3- 7      responsibility of preventing and suppressing fires, 
  3- 8      protecting life and property, enforcing municipal, 
  3- 9      county, and state fire prevention codes, enforcing any 
  3-10      law pertaining to the prevention and control of fires or 
  3-11      who performs any acts or actions while on duty or when 
  3-12      responding to a fire or emergency during any fire or 
  3-13      other emergency or while performing duties intended to 
  3-14      protect life and property. 
 
  3-15      (3) 'Full-time' means an employee who regularly works 30 
  3-16      hours or more each week. 
 
  3-17      (4) 'In the line of duty' means: 
 
  3-18        (A) With respect to a fireman, while on duty and 
  3-19        performing duties during any fire or other emergency 
  3-20        or performing duties intended to protect life and 
  3-21        property; or 
 
  3-22        (B) With respect to a law enforcement officer or 
  3-23        fireman, while on duty and performing services for and 
  3-24        receiving compensation from the law enforcement or 
  3-25        fire service agency which employs such officer or 
  3-26        fireman, while off duty and responding to any 
  3-27        situation which would save a life or preserve the 
  3-28        peace, or while preventing or attempting to prevent 
  3-29        the commission of a crime or fire.  A law enforcement 
  3-30        officer or fireman who is performing duties for and 
  3-31        receiving compensation from a private employer at the 
  3-32        time of such officer's or fireman's bodily injury, but 
  3-33        not permanent disability, shall not be considered in 
  3-34        the line of duty unless the officer or fireman has 
  3-35        left the scope of his or her employment for the 
  3-36        private employer for the direct purpose of enforcing 
  3-37        or attempting to enforce fire service, the criminal or 
  3-38        traffic laws, preserving or attempting to preserve 
  3-39        public order, protecting or attempting to protect life 
  3-40        or property, preventing or attempting to prevent a 
  3-41        crime, detecting or attempting to detect crime, or 
  3-42        investigating or attempting to investigate crime.  The 
  3-43        determination that a law enforcement officer or 
 
 
 
                                 -3- 
 
 
 
  4- 1        fireman was disabled in the line of duty and is 
  4- 2        entitled to compensation pursuant to this part shall 
  4- 3        not be considered in the determination of the 
  4- 4        entitlement of such officer to workers' compensation, 
  4- 5        disability, health, or other benefits from such 
  4- 6        officer's or fireman's public or private employer. 
 
  4- 7      (5) 'Injured in the line of duty' means an injury which 
  4- 8      arises out of or in the course of employment in the line 
  4- 9      of duty.  Going to or from work shall not be considered 
  4-10      in the line of duty. 
 
  4-11      (6) 'Law enforcement officer' means any agent or officer 
  4-12      of this state, or a political subdivision or 
  4-13      municipality thereof, who, as a full-time employee, is 
  4-14      vested either expressly by law or by virtue of public 
  4-15      employment or service with authority to enforce the 
  4-16      criminal or traffic laws and whose duties include the 
  4-17      preservation of public order, the protection of life and 
  4-18      property, or the prevention, detection, or investigation 
  4-19      of crime. Such term also includes prison guards as 
  4-20      defined under Code Section 45-9-81 and the employees 
  4-21      designated by the commissioner of juvenile justice of 
  4-22      the Department of Juvenile Justice pursuant to paragraph 
  4-23      (2) of subsection (i) of Code Section 49-4A-8, which 
  4-24      employees have the duty to investigate and apprehend 
  4-25      delinquent and unruly children who have escaped from a 
  4-26      facility under the jurisdiction of the Department of 
  4-27      Juvenile Justice or who have broken the conditions of 
  4-28      supervision and employees designated and delegated law 
  4-29      enforcement powers by the Public Service Commission 
  4-30      pursuant to Code Sections 46-7-28 and 46-11-6, which 
  4-31      personnel have the duty to enforce the laws relating to 
  4-32      motor carriers and the transportation of hazardous 
  4-33      materials. 
 
  4-34    45-9-103. 
 
  4-35    (a) Any law enforcement officer who becomes physically 
  4-36    disabled, but not permanently disabled, on or subsequent 
  4-37    to July 1, 2001, as a result of a physical injury incurred 
  4-38    in the line of duty and caused by a willful act of 
  4-39    violence committed by a person other than a fellow 
  4-40    employee shall be entitled to receive compensation as 
  4-41    provided in this Code section. Any fireman who becomes 
  4-42    physically disabled, but not permanently disabled, on or 
  4-43    subsequent to July 1, 2001, as a result of a physical 
  4-44    injury incurred in the line of duty while fighting a fire 
 
 
                                 -4- 
 
 
 
  5- 1    shall be entitled to receive compensation as provided in 
  5- 2    this Code section. The compensation shall be paid to 
  5- 3    eligible applicants by the commission from funds 
  5- 4    appropriated to the commission for such purpose. 
 
  5- 5    (b) Except as otherwise provided in this part, any law 
  5- 6    enforcement officer or fireman injured in the line of duty 
  5- 7    as provided in subsection (a) of this Code section shall 
  5- 8    receive monthly compensation from the commission in an 
  5- 9    amount equal to such person's regular compensation for the 
  5-10    period of time that the law enforcement officer or fireman 
  5-11    is physically unable to perform the duties of his or her 
  5-12    employment; provided, however, that such benefits provided 
  5-13    pursuant to this Code section for injuries resulting from 
  5-14    a single incident shall not be granted for more than a 
  5-15    total of 12 months.  A law enforcement officer or fireman 
  5-16    shall be required to submit to the commission satisfactory 
  5-17    evidence of such disability. 
 
  5-18    (c) Benefits made available under this Code section shall 
  5-19    be subordinate to any workers' compensation benefits, 
  5-20    disability and other compensation benefits from the 
  5-21    person's employer which the law enforcement officer or 
  5-22    fireman is awarded and shall be limited to the difference 
  5-23    between the amount of workers' compensation benefits and 
  5-24    other compensation benefits actually paid and the amount 
  5-25    of the law enforcement officer's or fireman's regular 
  5-26    compensation. 
 
  5-27    (d) A law enforcement officer or fireman who collects 
  5-28    benefits pursuant to this Code section shall not be 
  5-29    entitled to any benefits under Code Section 45-7-9. 
 
  5-30    (e) A law enforcement officer or fireman who is disabled 
  5-31    and who receives indemnification under Part 1 of this 
  5-32    article as a result of an incident shall not be entitled 
  5-33    to any compensation under this Code section for the 
  5-34    disability resulting from the same incident. A law 
  5-35    enforcement officer or fireman who initially receives 
  5-36    benefits under this Code section but who is determined 
  5-37    subsequently to be entitled to benefits under Part 1 of 
  5-38    this article with respect to the same incident or whose 
  5-39    beneficiary is determined subsequently to be entitled to 
  5-40    benefits under Part 1 of this article shall be entitled 
  5-41    only to the amount equal to the benefits to which the 
  5-42    person would be entitled to under Part 1 reduced by the 
  5-43    total amount of benefits received  under this Code 
  5-44    section. 
 
 
                                 -5- 
 
 
 
  6- 1    45-9-104. 
 
  6- 2    (a) An application for compensation with respect to a 
  6- 3    claim filed on or after July 1, 2001, for the disability 
  6- 4    of a law enforcement officer or fireman shall be submitted 
  6- 5    by that person within 30 days from the date of the 
  6- 6    incident resulting in disability. 
 
  6- 7    (b) The commission is authorized to promulgate rules and 
  6- 8    regulations relative to the program of compensation 
  6- 9    provided in this part. Such rules and regulations may 
  6-10    provide for initial investigation of claims and the 
  6-11    issuance of subpoenas to facilitate such investigation, 
  6-12    special masters, hearings, procedures for applications for 
  6-13    compensation, and all other matters so as to enable the 
  6-14    commission to carry out its duties fairly, properly, and 
  6-15    equitably. The chairperson of the commission shall be 
  6-16    authorized to contact other state agencies for the purpose 
  6-17    of using the personnel and resources of such agencies to 
  6-18    assist the commission in carrying out its duties. 
 
  6-19    45-9-105. 
 
  6-20    No compensation shall be awarded to any person otherwise 
  6-21    entitled thereto who violates a penal law of this state 
  6-22    which violation caused or contributed to the disability of 
  6-23    the law enforcement officer or fireman. 
 
  6-24    45-9-106. 
 
  6-25    (a) Any person who shall knowingly give false information 
  6-26    or false testimony causing or intending to cause the 
  6-27    payment of compensation which would not otherwise be 
  6-28    justified under this part shall be guilty of a 
  6-29    misdemeanor. 
 
  6-30    (b) Any such person convicted under subsection (a) of this 
  6-31    Code section shall be liable to the state for any funds 
  6-32    paid as a result of such false information or testimony." 
 
  6-33                           SECTION 3. 
 
  6-34  This Act shall become effective July 1, 2001, upon 
  6-35  ratification by the voters of this state at the 2000 
  6-36  November general election of that proposed amendment to 
  6-37  Article III, Section VI, Paragraph VI of the Constitution 
  6-38  authorizing the General Assembly to provide a program of 
  6-39  compensation for law enforcement officers who become 
  6-40  physically disabled as a result of physical injury incurred 
  6-41  in the line of duty and caused by a willful act of violence 
 
 
 
                                 -6- 
 
 
 
  7- 1  and for firemen who become physically disabled as a result 
  7- 2  of physical injury incurred in the line of duty while 
  7- 3  fighting a fire, which program shall entitle an injured law 
  7- 4  enforcement officer or fireman to receive monthly 
  7- 5  compensation from the state in an amount equal to such 
  7- 6  person's regular compensation for the period of time that 
  7- 7  the law enforcement officer or fireman is physically unable 
  7- 8  to perform the duties of his or her employment, provided 
  7- 9  that such benefits shall not be granted for injuries 
  7-10  resulting from a single incident for more than a total of 12 
  7-11  months, and to provide certain exceptions and limitations 
  7-12  with respect to such program of compensation; provided, 
  7-13  however, that if such amendment is not so ratified, this Act 
  7-14  shall be null and void and shall stand repealed in its 
  7-15  entirety. 
 
  7-16                           SECTION 4. 
 
  7-17  All laws and parts of laws in conflict with this Act are 
  7-18  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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