1 HB488
2 218655-1
3 By Representatives Shaver, Wood (D), Pettus, Oliver, Lipscomb,
4 Hurst, Paschal, Bedsole, Ball, Sorrell, Kitchens, Faulkner,
5 Treadaway, Farley, Ledbetter, Standridge, Clouse, Drake,
6 Carns, Isbell, Simpson and Lovvorn
7 RFD: Ways and Means General Fund
8 First Read: 10-MAR-22
Page 0 1 218655-1:n:03/08/2022:CMH/tgw LSA2022-946
2
3
4
5
6
7
8 SYNOPSIS: Under existing law, a death benefit is
9 provided to law enforcement officers, volunteer and
10 professional firefighters, and rescue squad members
11 when those individuals are killed in the line of
12 duty or under other specific circumstances.
13 This bill would further provide for the
14 circumstances under which an individual qualifies
15 for the death benefit by including deaths caused by
16 COVID-19.
17 This bill would authorize the beneficiaries
18 or dependents of deceased emergency medical
19 services personnel to receive the death benefit.
20 This bill would also make nonsubstantive,
21 technical revisions to update the exiting code
22 language to current style.
23
24 A BILL
25 TO BE ENTITLED
26 AN ACT
27
Page 1 1 Relating to state death benefits; to amend Sections
2 36-30-1 and 36-30-2, as amended by Act 2021-488, 2021 Regular
3 Session, and Sections 36-30-3, 36-30-4, 36-30-5, and 36-30-7,
4 Code of Alabama 1975, to provide a COVID-19 death benefit for
5 first responders; to include emergency medical services
6 personnel within the state death benefit; to provide
7 retroactive effect; and to make nonsubstantive, technical
8 revisions to update the exiting code language to current
9 style.
10 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
11 Section 1. Sections 36-30-1 and 36-30-2, as amended
12 by Act 2021-488, 2021 Regular Session, and Sections 36-30-3,
13 36-30-4, 36-30-5, and 36-30-7, Code of Alabama 1975, are
14 amended to read as follows:
15 "§36-30-1.
16 "(a) For the purposes of this chapter, the following
17 words and phrases shall have the following meanings:
18 "(1) AWARDING AUTHORITY. The State Board of
19 Adjustment, created and existing pursuant to Article 4,
20 Chapter 9 of Title 41.
21 "(2) COMPENSATION. The money benefits paid on
22 account of injury or death that occurred during the course of
23 employment or activity as a peace officer or firefighter and
24 is in the nature of workers' compensation.
25 "(3) COVID-19. Coronavirus disease 2019, for which
26 the Governor declared a public health emergency on March 13,
Page 2 1 2020, or any mutation or variant thereof that is declared a
2 public health emergency under the Emergency Management Act.
3 "(3)(4) DEPENDENT CHILD. An unmarried child under
4 the age of 18 years, or one over the age of 18 who is
5 physically or mentally incapacitated from earning.
6 "(4)(5) DIRECT AND PROXIMATE RESULT OF A HEART
7 ATTACK OR STROKE. Death resulting from a heart attack or
8 stroke caused by engaging or participating in a situation
9 while on duty involving nonroutine stressful or strenuous
10 physical law enforcement, fire suppression, rescue, hazardous
11 material response, emergency medical service, prison security,
12 disaster relief, other emergency medical response activity, or
13 participation in a training exercise that involved nonroutine
14 stressful or strenuous physical activity; and the heart attack
15 or stroke is suffered while still on that duty after so
16 engaging or participating or not more than 24 hours after so
17 engaging or participating.
18 "(6) EMERGENCY MEDICAL SERVICES PERSONNEL (EMSP).
19 The term as defined under Section 22-18-1.
20 "(5)(7) FIREFIGHTER or FIREFIGHTERS. A member or
21 members of a paid or volunteer fire department of a city,
22 town, county, or other subdivision of the state or of a public
23 corporation organized for the purpose of providing water,
24 water systems, fire protection services, or fire protection
25 facilities in the state; and shall include the chief,
26 assistant chief, wardens, engineers, captains, firefighters,
27 and all other officers and employees of such departments who
Page 3 1 actually engage in fire fighting or in rendering first aid in
2 case of drownings or asphyxiation at the scene of action. The
3 term also includes a firefighter who is employed by the
4 Alabama Forestry Commission and who has been certified by the
5 State Forester as having met the wildland firefighter training
6 standards of the National Wildfire Coordinating Group.
7 "(8) FIRST RESPONDER. The term includes
8 firefighters, peace officers, rescue squad members, and
9 emergency medical services personnel.
10 "(6)(9) PEACE OFFICER. All sheriffs, deputy
11 sheriffs, constables, municipal police officers, municipal
12 policemen, state and town marshals, members of the highway
13 patrol, state troopers, Alcoholic Beverage Control Board
14 Enforcement Division agents, enforcement officers of the
15 Public Service Commission, revenue agents, and persons who are
16 required by law to comply with the provisions of the Peace
17 Officers' Minimum Standards, employees of the Board of
18 Corrections, highway camp guards, law enforcement officers of
19 the Department of Conservation and Natural Resources, all law
20 enforcement officers of the Alabama Forestry Commission,
21 livestock theft investigators of the Department of Agriculture
22 and Industries, Capitol security guards, narcotic agents and
23 inspectors of the State Board of Health, any other state,
24 county, or municipal officer engaged in quelling a riot, or
25 civil disturbance, and university police officers.
26 "(7)(10) RESCUE SQUAD MEMBER. A member of an
27 organized rescue squad of a city, town, county, or other
Page 4 1 subdivision of the state or of a public corporation, organized
2 for the purpose of providing, within the scope of his or her
3 practice: First aid, treatment, or transport of the sick or
4 injured; rescue or recovery operations at incidents of
5 drowning; search and rescue of individuals lost or incapable
6 of self rescue; or any other emergency or non-emergency
7 incident where the services provided by the rescue squad are
8 deemed necessary for incident stabilization. The term includes
9 all commanders, officers, and members of organized rescue
10 squads that are members of the Alabama Association of Rescue
11 Squads.
12 "(b) For the purposes of this chapter, the following
13 described individuals shall be conclusively presumed to be
14 wholly dependent:
15 "(1) Spouse, unless it be shown that the spouse was
16 voluntarily living apart from the peace officer, firefighter,
17 or rescue squad member first responder at the time of death,
18 or unless it be shown that the peace officer, firefighter, or
19 rescue squad member first responder was not in any way
20 contributing to the spouse's support and had not in any way
21 contributed to the spouse's support for more than 12 months
22 next preceding the occurrence of the injury causing death.
23 "(2) Minor children under the age of 18 years and
24 those over 18 years or more if physically and mentally
25 incapacitated from earning.
26 "(3) Spouse, child, mother, father, grandmother,
27 grandfather, sister, brother, mother-in-law, and father-in-law
Page 5 1 who were wholly supported by a deceased peace officer,
2 firefighter, or rescue squad member first responder at the
3 time of his or her death and for a reasonable period of time
4 prior thereto shall be considered his or her dependents and
5 payment of compensation may be made to them as hereinafter
6 authorized.
7 "(c) If a paid or volunteer firefighter, peace
8 officer, certified police officer, reserve law enforcement
9 officer, or rescue squad member is killed while engaged in the
10 performance of his or her duties first responder dies in a
11 manner described in Section 36-30-2 and there are no
12 designated beneficiaries, then the compensation shall be paid
13 to his or her dependents or partial dependents in the manner
14 prescribed by Section 36-30-3, and if there are none, the
15 compensation shall be paid to his or her non-dependent
16 children, and if there are none, the compensation shall be
17 paid to his or her parents, and if there are none, the
18 compensation shall be paid to the estate of the deceased.
19 "(d) Any member of the class named in subdivision
20 (b)(3) who regularly derived part of his or her support from
21 the earnings of the deceased peace officer, firefighter, or
22 rescue squad member first responder, as the case may be, at
23 the time of his or her death and for a reasonable time
24 immediately prior thereto shall be considered his or her
25 partial dependent and payment of compensation may be made to
26 the partial dependent as hereinafter authorized.
27 "§36-30-2.
Page 6 1 "(a)(1)a. In the event a peace officer, a
2 firefighter, a volunteer firefighter who is a member of an
3 organized volunteer fire department registered with the
4 Alabama Forestry Commission, or a rescue squad member first
5 responder is killed, either accidentally or deliberately,; or
6 dies as a result of injuries received while engaged in the
7 performance of his or her duties,; or dies as a direct and
8 proximate result of a heart attack or stroke,; or within 14
9 calendar days after being required to report to his or her
10 usual place of employment, he or she contracts COVID-19
11 between March 13, 2020, and December 31, 2022, as confirmed by
12 a positive test or diagnosis by a licensed medical
13 professional, and dies as a result of COVID-19 or
14 complications therefrom, his or her beneficiaries or
15 dependents shall be entitled to compensation in the amount of
16 one hundred thousand dollars ($100,000) to be paid from the
17 State Treasury as provided in Section 36-30-3, unless such.
18 "b. This subsection does not apply if the first
19 responder's death was caused by the willful misconduct of the
20 officer, firefighter, or rescue squad member first responder
21 or was due to his or her own intoxication or his or her
22 willful failure or refusal to use safety appliances provided
23 by his or her employer or his or her willful refusal or
24 neglect to perform a statutory duty or any other willful
25 violation of a law or his or her willful breach of a
26 reasonable rule or regulation governing the performance of his
27 or her duties or his or her employment of which rule or
Page 7 1 regulation he or she had knowledge. Notwithstanding the
2 foregoing, for purposes of deaths caused by COVID-19, the
3 dependents or beneficiaries of the deceased first responder
4 shall be entitled to the compensation described in paragraph
5 (a)(1)a. regardless of the first responder's vaccination
6 status against COVID-19, and regardless of whether the first
7 responder regularly wore masks or other filtration devices in
8 the performance of his or her duties.
9 "(2) Any peace officer, firefighter, volunteer
10 firefighter, or rescue squad member first responder whose
11 death results proximately from an injury received while
12 performing his or her duties, for the purposes of this
13 article, shall be deemed to have been killed while in the
14 performance of such duties. A volunteer firefighter or a
15 member of an organized rescue squad who dies of cardiac
16 arrest, cerebrovascular accident, or pulmonary edema within 24
17 hours after preparing to respond to a called emergency or
18 responding to an emergency; or after serving in his or her
19 capacity at an emergency; or after participating in a required
20 physical training exercise shall be presumed to have died in
21 the performance of his or her duties. If the State Health
22 Officer determines from all available evidence that a
23 volunteer firefighter, who is a member of an organized
24 volunteer fire department registered with the Alabama Forestry
25 Commission, has become totally disabled as a result of any
26 injury received while engaged in the performance of his or her
27 fire-fighting duties and the disability is likely to continue
Page 8 1 for more than 12 months from the date the injury is incurred,
2 then the firefighter shall be entitled to receive disability
3 compensation in the amount of one hundred thousand dollars
4 ($100,000) to be paid from the State Treasury as provided in
5 Section 36-30-3. The term total disability shall be
6 interpreted to mean that the injured party is medically
7 disabled to the extent that he or she cannot perform the
8 duties of the job occupation or profession in which he or she
9 was engaging at the time the injury was sustained. The State
10 Health Officer may seek the assistance of any state agency in
11 making the determination of disability and the state agencies
12 shall cooperate with the State Health Officer in such regard.
13 The State Health Officer shall render a decision within 30
14 days of the time a claim is filed. If such volunteer
15 firefighter disagrees with any officer, he or she may appeal
16 the determination to the State Board of Adjustment in
17 accordance with such board's procedures for such appeals.
18 "(b) Beginning in calendar year 2009, the
19 compensation amounts payable under this section shall be
20 adjusted on January 1 of each year to reflect any increase
21 during the preceding calendar year in the consumer price index
22 as published by the U.S. Department of Labor, Bureau of Labor
23 Statistics. The adjustment shall equal the percentage change
24 in the consumer price index during the preceding calendar
25 year.
26 "(c) Any person who currently serves or previously
27 served as a firefighter or law enforcement officer who dies as
Page 9 1 a result of a firefighter's occupational disease as defined in
2 Section 11-43-144 or 36-30-40, or law enforcement officer's
3 occupational disease as defined in Section 36-30-20 shall be
4 qualified for a state death benefit as provided in subsection
5 (a) as if the person died in the performance of his or her
6 duties, provided he or she satisfies the three years' service
7 requirement and physical examination requirements set forth in
8 Section 11-43-144, 36-30-22, or 36-30-41, respectively.
9 "(d) Any application for the state death benefit
10 that was submitted during the period from April 29, 2010,
11 until May 27, 2015, and denied because the firefighter or law
12 enforcement officer was no longer employed on the date of
13 death may be resubmitted based on subsection (c) within six
14 months of May 27, 2015, and reconsidered and granted by the
15 awarding authority.
16 "(e) The provisions of this section as amended by
17 Act 2021-488 shall be retroactive to any death covered by this
18 chapter as amended after January 1, 2019.
19 "(f) The provisions of this section as amended by
20 this act shall be retroactive to any death caused by COVID-19
21 covered by this chapter as amended between March 13, 2020, and
22 December 31, 2022.
23 "§36-30-3.
24 "The compensation payable to surviving beneficiaries
25 or dependents of peace officers, firefighters, or rescue squad
26 members first responders who are killed under the
27 circumstances prescribed in Section 36-30-2 shall be paid to
Page 10 1 the beneficiaries designated by those peace officers,
2 firefighters, or rescue squad members first responders. If no
3 beneficiaries have been designated, or if none remain, the
4 compensation shall be paid to the persons entitled thereto
5 without administration or to a guardian or such other person
6 as the awarding authority may direct for the use of the
7 persons entitled thereto, as follows:
8 "(1) If the deceased peace officer, firefighter, or
9 rescue squad member first responder leaves a dependent spouse
10 and no other dependents or partial dependents, the total
11 amount of the compensation provided for in Section 36-30-2
12 shall be paid to the surviving spouse.
13 "(2) If the deceased peace officer, firefighter, or
14 rescue squad member first responder leaves a dependent spouse
15 and a dependent child or dependent children and no other
16 dependents or partial dependents, then the total amount of the
17 compensation provided for in Section 36-30-2 shall be paid to
18 such surviving spouse for the benefit of herself or himself
19 and such child or children, or, in its discretion, the
20 awarding authority may determine what portion of the
21 compensation shall be applied for the benefit of such child or
22 children and may order the same paid to a guardian and then
23 order only the remainder of such compensation paid to the
24 surviving spouse.
25 "(3) If the deceased peace officer, firefighter, or
26 rescue squad member first responder leaves a dependent child
27 or children and no dependent spouse or other dependents or
Page 11 1 partial dependents, then such child or children shall be
2 entitled to the total amount of the compensation authorized in
3 Section 36-30-2, and such compensation shall be paid to a duly
4 appointed guardian of such child or children or, in the
5 discretion of the awarding authority, such sum may be paid to
6 the probate judge of probate of the county of residence of the
7 child or children. Any probate judge of probate who receives
8 any moneys monies due any child or children under this article
9 shall handle and administer all such funds in the manner
10 prescribed in Sections 26-7-2 through 26-7-5.
11 "(4) If the deceased peace officer, firefighter, or
12 rescue squad member first responder leaves no dependent spouse
13 or dependent child or children but leaves other dependents or
14 partial dependents, then such dependents and partial
15 dependents jointly shall be entitled to the total amount of
16 the compensation provided in Section 36-30-2, and subject to
17 the limitations prescribed hereinbelow, such compensation
18 shall be paid to them in the amounts and manner ordered by the
19 awarding authority.
20 "(5) If a deceased peace officer, firefighter, or
21 rescue squad member first responder leaves a dependent spouse
22 and other dependents or partial dependents but no dependent
23 child or children, then the surviving spouse and the other
24 dependents and partial dependents jointly shall be entitled to
25 the total compensation provided in Section 36-30-2; and,
26 subject to the limitations prescribed hereinbelow, such the
27 compensation shall be paid to such the dependents in the
Page 12 1 proportions and in the manner ordered by the awarding
2 authority; provided, however, that at least 50 percent of such
3 the compensation must be awarded to the dependent surviving
4 spouse.
5 "(6) If a deceased peace officer, firefighter, or
6 rescue squad member first responder leaves a dependent spouse
7 and a dependent child or children and other dependents and
8 partial dependents, then the awarding authority shall
9 determine what portion of such the compensation shall be paid
10 to the spouse and child or children and, in its discretion,
11 may order all such of the compensation be paid to such the
12 spouse and child or children, but must provide that at least
13 70 percent thereof of the compensation is paid to them.
14 "(7) If a deceased peace officer, firefighter, or
15 rescue squad member first responder leaves a dependent child
16 or children and other dependents and partial dependents but no
17 dependent spouse, then the awarding authority shall determine
18 what portion of such the compensation such the child or
19 children are entitled to receive and, in its discretion, may
20 order all such of the compensation awarded to such the child
21 or children, but must award at least 60 percent thereof of the
22 compensation to such the child or children.
23 "(8) If a deceased peace officer, firefighter, or
24 rescue squad member first responder leaves no dependent spouse
25 or child or children but leaves other dependents and partial
26 dependents, the awarding authority shall determine what
27 portion of such the compensation each dependent and each
Page 13 1 partial dependent shall be entitled to receive, but such the
2 awarding authority may not award to a partial dependent a
3 greater percent of such the compensation than the percent of
4 the deceased peace officer's, firefighter's, or rescue squad
5 member's first responder's average monthly income which was
6 regularly contributed toward such the partial dependent's
7 support for a reasonable time immediately prior to the death
8 of such officer, firefighter, or rescue squad member the first
9 responder. In its discretion, the awarding authority may award
10 all of the compensation provided for in Section 36-30-2 to
11 such the total dependents of the deceased officer,
12 firefighter, or rescue squad member first responder to the
13 exclusion of partial dependents.
14 "§36-30-4.
15 "Compensation pursuant to this article for the death
16 of a peace officer, firefighter, or rescue squad member first
17 responder shall be paid only to his or her designated
18 beneficiaries or dependents who at the time of such officer's,
19 firefighter's, or rescue squad member's the first responder's
20 death were actually residents of the United States.
21 "§36-30-5.
22 "(a) All claims for compensation as provided in this
23 article shall be presented to the awarding authority within
24 two years from the date of the death of the peace officer,
25 firefighter, or rescue squad member first responder or the
26 claims are forfeited. All such claims shall be presented in
27 the form prescribed by the awarding authority, and proof of
Page 14 1 the facts and circumstances of the peace officer's,
2 firefighter's, or rescue squad member's first responder's
3 death and, if necessary, the claimant's relationship to and
4 dependence upon such peace officer, firefighter, or rescue
5 squad member the first responder shall be made in the manner
6 prescribed by the awarding authority.
7 "(b) Notwithstanding the provisions of subsection
8 (a), any person who was previously ineligible to claim the
9 compensation provided in this article, but is now eligible to
10 claim the compensation provided in this article because of the
11 enactment of Act 2008-480, and who is making a claim based
12 upon the death of a peace officer or firefighter who died on
13 or after January 1, 2006, but prior to the enactment of Act
14 2008-480, shall be able to present his or her claim for
15 compensation to the awarding authority within one year of the
16 date of enactment of Act 2008-480 regardless of whether the
17 claim was presented within one year from the date of the death
18 of the peace officer or firefighter.
19 "(c) The awarding authority is hereby authorized to
20 may prescribe such forms and adopt such rules of evidence and
21 procedure as it deems necessary or proper, not inconsistent
22 with the provisions of this article, for the proper
23 determination of all claims for compensation under this
24 article."
25 "§36-30-7.
26 "(a) This article shall not be construed to give any
27 person a right of action against the State of Alabama in any
Page 15 1 court for the recovery of the compensation authorized by this
2 article. This article shall not be construed to take away any
3 right of action in any court under any other law for the
4 recovery of damages for the death of a peace officer,
5 firefighter, or rescue squad member first responder; nor, in
6 the event of the death of a peace officer, firefighter, or
7 rescue squad member first responder who was an employee of the
8 State of Alabama at the time of the injury which proximately
9 caused his or her death, shall this article be construed to
10 take away the right or privilege of the surviving dependents
11 of such peace officer, firefighter, or rescue squad member the
12 first responder to file a claim for damages with the State
13 Board of Adjustment pursuant to any other law.
14 "(b) The decision of the awarding authority shall be
15 final and shall not be subject to appeal or review by any
16 court."
17 Section 2. This act shall become effective on the
18 first day of the third month following its passage and
19 approval by the Governor, or its otherwise becoming law.
Page 16