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03
HB 166/AP
House Bill 166 (AS PASSED HOUSE
AND SENATE)
By: Representatives Ray of the 108th, Royal of the 140th, Floyd of the 132nd, Purcell of the 122nd, James of the 114th, and others
By: Representatives Ray of the 108th, Royal of the 140th, Floyd of the 132nd, Purcell of the 122nd, James of the 114th, and others
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Part 2 of Article 5 of Chapter 9 of Title 45 of the
Official Code of Georgia Annotated, relating to temporary disability
compensation for law enforcement officers and firefighters who are injured in
the line of duty, so as to provide temporary disability compensation for
officially recognized or designated members of legally organized volunteer fire
departments who are injured in the line of duty; to redefine certain terms; to
change certain provisions relating to payments of compensation to law
enforcement officers and firefighters and limitations thereon; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Part 2 of Article 5 of Chapter 9 of Title 45 of the Official
Code of Georgia Annotated, relating to temporary disability compensation for law
enforcement officers and firefighters who are injured in the line of duty, is
amended by striking in their entirety paragraphs (2) and (5) of Code Section
45-9-102, relating to definitions applicable under said part, and inserting in
lieu thereof the
following:
"(2) 'Firefighter' or 'fireman' meansany:
(A) Any person who is employed as a professional firefighter on a full-time basis by any municipal, county, or state government fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property; or
(B) Any individual serving as an officially recognized or designated member of a legally organized volunteer fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 who performs any acts or actions while on duty and when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property."
"(5) 'Injured in the line of duty' means an injury which arises out of or in the course of employment in the line of duty; or, with respect to a firefighter of a legally organized volunteer fire department, such term means an injury while on duty and when responding to a fire or emergency with the volunteer fire department during any fire or other emergency or while performing duties intended to protect life and property. Going to or from work shall not be considered in the line of duty; and going to a legally organized volunteer fire department to begin a service of duty or traveling from such a fire department after duties have been completed or traveling from the scene of a fire, emergency, or other location where duties were being performed and have been completed shall not be considered in the line of duty."
"(2) 'Firefighter' or 'fireman' means
(A) Any person who is employed as a professional firefighter on a full-time basis by any municipal, county, or state government fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property; or
(B) Any individual serving as an officially recognized or designated member of a legally organized volunteer fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 who performs any acts or actions while on duty and when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property."
"(5) 'Injured in the line of duty' means an injury which arises out of or in the course of employment in the line of duty; or, with respect to a firefighter of a legally organized volunteer fire department, such term means an injury while on duty and when responding to a fire or emergency with the volunteer fire department during any fire or other emergency or while performing duties intended to protect life and property. Going to or from work shall not be considered in the line of duty; and going to a legally organized volunteer fire department to begin a service of duty or traveling from such a fire department after duties have been completed or traveling from the scene of a fire, emergency, or other location where duties were being performed and have been completed shall not be considered in the line of duty."
SECTION 2.
Said part is further amended by striking in their entirety
subsections (b) and (c) of Code Section 45-9-103, relating to payments of
compensation to law enforcement officers and firefighters and limitations
thereon, and inserting in lieu thereof the
following:
"(b) Except as otherwise provided in this part, any law enforcement officer or firefighter injured in the line of duty as provided in subsection (a) of this Code section shall receive monthly compensation from the commission in an amount equal to such person´s regular compensation for the period of time that the law enforcement officer or firefighter is physically unable to perform the duties of his or her employment; provided, however, that such benefits provided pursuant to this Code section for injuries resulting from a single incident shall not be granted for more than a total of 12 months. For purposes of this subsection, the regular compensation of a firefighter covered under subparagraph (2)(B) of Code Section 45-9-102 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor. A law enforcement officer or firefighter shall be required to submit to the commission satisfactory evidence of such disability. A volunteer firefighter shall not be considered disabled once he or she is able to perform the duties of his or her regular employment or equivalent thereof.
(c) Benefits made available under this Code section shall be subordinate to any workers´ compensation benefits, disability and other compensation benefits from the person´s employer which the law enforcement officer or firefighter is awarded and shall be limited to the difference between the amount of workers´ compensation benefits and other compensation benefits actually paid and the amount of the law enforcement officer´s or firefighter´s regular compensation; provided, however, that benefits shall never exceed the person´s regular compensation minus the maximum weekly workers´ compensation benefit level for that person whether or not workers´ compensation is available. For the purposes of this subsection, the regular compensation of a firefighter covered under subparagraph (2)(B) of Code Section 45-9-102 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor."
"(b) Except as otherwise provided in this part, any law enforcement officer or firefighter injured in the line of duty as provided in subsection (a) of this Code section shall receive monthly compensation from the commission in an amount equal to such person´s regular compensation for the period of time that the law enforcement officer or firefighter is physically unable to perform the duties of his or her employment; provided, however, that such benefits provided pursuant to this Code section for injuries resulting from a single incident shall not be granted for more than a total of 12 months. For purposes of this subsection, the regular compensation of a firefighter covered under subparagraph (2)(B) of Code Section 45-9-102 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor. A law enforcement officer or firefighter shall be required to submit to the commission satisfactory evidence of such disability. A volunteer firefighter shall not be considered disabled once he or she is able to perform the duties of his or her regular employment or equivalent thereof.
(c) Benefits made available under this Code section shall be subordinate to any workers´ compensation benefits, disability and other compensation benefits from the person´s employer which the law enforcement officer or firefighter is awarded and shall be limited to the difference between the amount of workers´ compensation benefits and other compensation benefits actually paid and the amount of the law enforcement officer´s or firefighter´s regular compensation; provided, however, that benefits shall never exceed the person´s regular compensation minus the maximum weekly workers´ compensation benefit level for that person whether or not workers´ compensation is available. For the purposes of this subsection, the regular compensation of a firefighter covered under subparagraph (2)(B) of Code Section 45-9-102 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor."
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.