Alabama 2022 Regular Session

Alabama House Bill HB488 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 HB488
2		-	2 218655-3
	2	+	2 218655-2
3	3		3 By Representatives Shaver, Wood (D), Pettus, Oliver, Lipscomb,
4	4		4 Hurst, Paschal, Bedsole, Ball, Sorrell, Kitchens, Faulkner,
5	5		5 Treadaway, Farley, Ledbetter, Standridge, Clouse, Drake,
6	6		6 Carns, Isbell, Simpson and Lovvorn
7	7		7 RFD: Ways and Means General Fund
8	8		8 First Read: 10-MAR-22
9	9
10		-	Page 0 HB488
11		-	1
12		-	2 ENROLLED, An Act,
13		-	3 Relating to state death benefits; to amend Sections
14		-	4 36-30-1 and 36-30-2, as amended by Act 2021-488, 2021 Regular
15		-	5 Session, and Sections 36-30-3, 36-30-4, 36-30-5, and 36-30-7,
16		-	6 Code of Alabama 1975, to provide a COVID-19 death benefit for
17		-	7 first responders; to include emergency medical services
18		-	8 personnel within the state death benefit; to provide
19		-	9 retroactive effect; and to make nonsubstantive, technical
20		-	10 revisions to update the exiting code language to current
21		-	11 style.
22		-	12 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23		-	13 Section 1. Sections 36-30-1 and 36-30-2, as amended
24		-	14 by Act 2021-488, 2021 Regular Session, and Sections 36-30-3,
25		-	15 36-30-4, 36-30-5, and 36-30-7, Code of Alabama 1975, are
26		-	16 amended to read as follows:
27		-	17 "§36-30-1.
28		-	18 "(a) For the purposes of this chapter, the following
29		-	19 words and phrases shall have the following meanings:
30		-	20 "(1) AWARDING AUTHORITY. The State Board of
31		-	21 Adjustment, created and existing pursuant to Article 4,
32		-	22 Chapter 9 of Title 41.
33		-	23 "(2) COMPENSATION. The money benefits paid on
34		-	24 account of injury or death that occurred during the course of
35		-	Page 1 HB488
36		-	1 employment or activity as a peace officer or firefighter and
37		-	2 is in the nature of workers' compensation.
38		-	3 "(3) COVID-19. Coronavirus disease 2019, for which
39		-	4 the Governor declared a public health emergency on March 13,
40		-	5 2020, or any mutation or variant thereof that is declared a
41		-	6 public health emergency under the Emergency Management Act.
42		-	7 "(3)(4) DEPENDENT CHILD. An unmarried child under
43		-	8 the age of 18 years, or one over the age of 18 who is
44		-	9 physically or mentally incapacitated from earning.
45		-	10 "(4)(5) DIRECT AND PROXIMATE RESULT OF A HEART
46		-	11 ATTACK OR STROKE. Death resulting from a heart attack or
47		-	12 stroke caused by engaging or participating in a situation
48		-	13 while on duty involving nonroutine stressful or strenuous
49		-	14 physical law enforcement, fire suppression, rescue, hazardous
50		-	15 material response, emergency medical service, prison security,
51		-	16 disaster relief, other emergency medical response activity, or
52		-	17 participation in a training exercise that involved nonroutine
53		-	18 stressful or strenuous physical activity; and the heart attack
54		-	19 or stroke is suffered while still on that duty after so
55		-	20 engaging or participating or not more than 24 hours after so
56		-	21 engaging or participating.
57		-	22 "(6) EMERGENCY MEDICAL SERVICES PERSONNEL (EMSP).
58		-	23 The term as defined under Section 22-18-1.
59		-	Page 2 HB488
60		-	1 Emergency medical services personnel, as defined
	10	+	Page 0 1 ENGROSSED
	11	+	2
	12	+	3
	13	+	4 A BILL
	14	+	5 TO BE ENTITLED
	15	+	6 AN ACT
	16	+	7
	17	+	8 Relating to state death benefits; to amend Sections
	18	+	9 36-30-1 and 36-30-2, as amended by Act 2021-488, 2021 Regular
	19	+	10 Session, and Sections 36-30-3, 36-30-4, 36-30-5, and 36-30-7,
	20	+	11 Code of Alabama 1975, to provide a COVID-19 death benefit for
	21	+	12 first responders; to include emergency medical services
	22	+	13 personnel within the state death benefit; to provide
	23	+	14 retroactive effect; and to make nonsubstantive, technical
	24	+	15 revisions to update the exiting code language to current
	25	+	16 style.
	26	+	17 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	27	+	18 Section 1. Sections 36-30-1 and 36-30-2, as amended
	28	+	19 by Act 2021-488, 2021 Regular Session, and Sections 36-30-3,
	29	+	20 36-30-4, 36-30-5, and 36-30-7, Code of Alabama 1975, are
	30	+	21 amended to read as follows:
	31	+	22 "§36-30-1.
	32	+	23 "(a) For the purposes of this chapter, the following
	33	+	24 words and phrases shall have the following meanings:
	34	+	25 "(1) AWARDING AUTHORITY. The State Board of
	35	+	26 Adjustment, created and existing pursuant to Article 4,
	36	+	27 Chapter 9 of Title 41.
	37	+	Page 1 1 "(2) COMPENSATION. The money benefits paid on
	38	+	2 account of injury or death that occurred during the course of
	39	+	3 employment or activity as a peace officer or firefighter and
	40	+	4 is in the nature of workers' compensation.
	41	+	5 "(3) COVID-19. Coronavirus disease 2019, for which
	42	+	6 the Governor declared a public health emergency on March 13,
	43	+	7 2020, or any mutation or variant thereof that is declared a
	44	+	8 public health emergency under the Emergency Management Act.
	45	+	9 "(3)(4) DEPENDENT CHILD. An unmarried child under
	46	+	10 the age of 18 years, or one over the age of 18 who is
	47	+	11 physically or mentally incapacitated from earning.
	48	+	12 "(4)(5) DIRECT AND PROXIMATE RESULT OF A HEART
	49	+	13 ATTACK OR STROKE. Death resulting from a heart attack or
	50	+	14 stroke caused by engaging or participating in a situation
	51	+	15 while on duty involving nonroutine stressful or strenuous
	52	+	16 physical law enforcement, fire suppression, rescue, hazardous
	53	+	17 material response, emergency medical service, prison security,
	54	+	18 disaster relief, other emergency medical response activity, or
	55	+	19 participation in a training exercise that involved nonroutine
	56	+	20 stressful or strenuous physical activity; and the heart attack
	57	+	21 or stroke is suffered while still on that duty after so
	58	+	22 engaging or participating or not more than 24 hours after so
	59	+	23 engaging or participating.
	60	+	24 "(6) EMERGENCY MEDICAL SERVICES PERSONNEL (EMSP).
	61	+	25 The term as defined under Section 22-18-1.
	62	+	Page 2 1 Emergency medical services personnel, as defined
61	63		2 under Section 22-18-1, that are employed by the state or a
62	64		3 county or municipality thereof.
63	65		4 "(5)(7) FIREFIGHTER or FIREFIGHTERS. A member or
64	66		5 members of a paid or volunteer fire department of a city,
65	67		6 town, county, or other subdivision of the state or of a public
66	68		7 corporation organized for the purpose of providing water,
67	69		8 water systems, fire protection services, or fire protection
68	70		9 facilities in the state; and shall include the chief,
69	71		10 assistant chief, wardens, engineers, captains, firefighters,
70	72		11 and all other officers and employees of such departments who
71	73		12 actually engage in fire fighting or in rendering first aid in
72	74		13 case of drownings or asphyxiation at the scene of action. The
73	75		14 term also includes a firefighter who is employed by the
74	76		15 Alabama Forestry Commission and who has been certified by the
75	77		16 State Forester as having met the wildland firefighter training
76	78		17 standards of the National Wildfire Coordinating Group.
77	79		18 "(8) FIRST RESPONDER. The term includes
78	80		19 firefighters, peace officers, rescue squad members, and
79	81		20 emergency medical services personnel.
80	82		21 "(6)(9) PEACE OFFICER. All sheriffs, deputy
81	83		22 sheriffs, constables, municipal police officers, municipal
82	84		23 policemen, state and town marshals, members of the highway
83	85		24 patrol, state troopers, Alcoholic Beverage Control Board
84	86		25 Enforcement Division agents, enforcement officers of the
85		-	Page 3 HB488
86		-	1 Public Service Commission, revenue agents, and persons who are
87		-	2 required by law to comply with the provisions of the Peace
88		-	3 Officers' Minimum Standards, employees of the Board of
89		-	4 Corrections, highway camp guards, law enforcement officers of
90		-	5 the Department of Conservation and Natural Resources, all law
91		-	6 enforcement officers of the Alabama Forestry Commission,
92		-	7 livestock theft investigators of the Department of Agriculture
93		-	8 and Industries, Capitol security guards, narcotic agents and
94		-	9 inspectors of the State Board of Health, any other state,
95		-	10 county, or municipal officer engaged in quelling a riot, or
96		-	11 civil disturbance, and university police officers.
97		-	12 "(7)(10) RESCUE SQUAD MEMBER. A member of an
98		-	13 organized rescue squad of a city, town, county, or other
99		-	14 subdivision of the state or of a public corporation, organized
100		-	15 for the purpose of providing, within the scope of his or her
101		-	16 practice: First aid, treatment, or transport of the sick or
102		-	17 injured; rescue or recovery operations at incidents of
103		-	18 drowning; search and rescue of individuals lost or incapable
104		-	19 of self rescue; or any other emergency or non-emergency
105		-	20 incident where the services provided by the rescue squad are
106		-	21 deemed necessary for incident stabilization. The term includes
107		-	22 all commanders, officers, and members of organized rescue
108		-	23 squads that are members of the Alabama Association of Rescue
109		-	24 Squads.
110		-	Page 4 HB488
111		-	1 "(b) For the purposes of this chapter, the following
112		-	2 described individuals shall be conclusively presumed to be
113		-	3 wholly dependent:
114		-	4 "(1) Spouse, unless it be shown that the spouse was
115		-	5 voluntarily living apart from the peace officer, firefighter,
116		-	6 or rescue squad member first responder at the time of death,
117		-	7 or unless it be shown that the peace officer, firefighter, or
118		-	8 rescue squad member first responder was not in any way
119		-	9 contributing to the spouse's support and had not in any way
120		-	10 contributed to the spouse's support for more than 12 months
121		-	11 next preceding the occurrence of the injury causing death.
122		-	12 "(2) Minor children under the age of 18 19 years and
123		-	13 those over 18 19 years or more if physically and mentally
124		-	14 incapacitated from earning.
125		-	15 "(3) Spouse, child, mother, father, grandmother,
126		-	16 grandfather, sister, brother, mother-in-law, and father-in-law
127		-	17 who were wholly supported by a deceased peace officer,
128		-	18 firefighter, or rescue squad member first responder at the
129		-	19 time of his or her death and for a reasonable period of time
130		-	20 prior thereto shall be considered his or her dependents and
131		-	21 payment of compensation may be made to them as hereinafter
132		-	22 authorized.
133		-	23 "(c) If a paid or volunteer firefighter, peace
134		-	24 officer, certified police officer, reserve law enforcement
135		-	25 officer, or rescue squad member is killed while engaged in the
136		-	Page 5 HB488
137		-	1 performance of his or her duties first responder dies in a
138		-	2 manner described in Section 36-30-2 and there are no
139		-	3 designated beneficiaries, then the compensation shall be paid
140		-	4 to his or her dependents or partial dependents in the manner
141		-	5 prescribed by Section 36-30-3, and if there are none, the
142		-	6 compensation shall be paid to his or her non-dependent
143		-	7 children, and if there are none, the compensation shall be
144		-	8 paid to his or her parents, and if there are none, the
145		-	9 compensation shall be paid to the estate of the deceased.
146		-	10 "(d) Any member of the class named in subdivision
147		-	11 (b)(3) who regularly derived part of his or her support from
148		-	12 the earnings of the deceased peace officer, firefighter, or
149		-	13 rescue squad member first responder, as the case may be, at
150		-	14 the time of his or her death and for a reasonable time
151		-	15 immediately prior thereto shall be considered his or her
152		-	16 partial dependent and payment of compensation may be made to
153		-	17 the partial dependent as hereinafter authorized.
154		-	18 "§36-30-2.
155		-	19 "(a)(1)a. In the event a peace officer, a
156		-	20 firefighter, a volunteer firefighter who is a member of an
157		-	21 organized volunteer fire department registered with the
158		-	22 Alabama Forestry Commission, or a rescue squad member first
159		-	23 responder is killed, either accidentally or deliberately,; or
160		-	24 dies as a result of injuries received while engaged in the
161		-	25 performance of his or her duties,; or dies as a direct and
162		-	Page 6 HB488
163		-	1 proximate result of a heart attack or stroke,; or within 14
164		-	2 calendar days after being required to report to his or her
165		-	3 usual place of employment, he or she contracts COVID-19
166		-	4 between March 13, 2020, and December 31, 2022, as confirmed by
167		-	5 a positive test or diagnosis by a licensed medical
168		-	6 professional, and dies as a result of COVID-19 or
169		-	7 complications therefrom, his or her beneficiaries or
170		-	8 dependents shall be entitled to compensation in the amount of
171		-	9 one hundred thousand dollars ($100,000) to be paid from the
172		-	10 State Treasury as provided in Section 36-30-3, unless such.
173		-	11 "b. This subsection does not apply if the first
174		-	12 responder's death was caused by the willful misconduct of the
175		-	13 officer, firefighter, or rescue squad member first responder
176		-	14 or was due to his or her own intoxication or his or her
177		-	15 willful failure or refusal to use safety appliances provided
178		-	16 by his or her employer or his or her willful refusal or
179		-	17 neglect to perform a statutory duty or any other willful
180		-	18 violation of a law or his or her willful breach of a
181		-	19 reasonable rule or regulation governing the performance of his
182		-	20 or her duties or his or her employment of which rule or
183		-	21 regulation he or she had knowledge. Notwithstanding the
184		-	22 foregoing, for purposes of deaths caused by COVID-19, the
185		-	23 dependents or beneficiaries of the deceased first responder
186		-	24 shall be entitled to the compensation described in paragraph
187		-	25 (a)(1)a. regardless of the first responder's vaccination
188		-	Page 7 HB488
189		-	1 status against COVID-19, and regardless of whether the first
190		-	2 responder regularly wore masks or other filtration devices in
191		-	3 the performance of his or her duties.
192		-	4 "(2) Any peace officer, firefighter, volunteer
193		-	5 firefighter, or rescue squad member first responder whose
194		-	6 death results proximately from an injury received while
195		-	7 performing his or her duties, for the purposes of this
196		-	8 article, shall be deemed to have been killed while in the
197		-	9 performance of such duties. A volunteer firefighter or a
198		-	10 member of an organized rescue squad who dies of cardiac
199		-	11 arrest, cerebrovascular accident, or pulmonary edema within 24
200		-	12 hours after preparing to respond to a called emergency or
201		-	13 responding to an emergency; or after serving in his or her
202		-	14 capacity at an emergency; or after participating in a required
203		-	15 physical training exercise shall be presumed to have died in
204		-	16 the performance of his or her duties. If the State Health
205		-	17 Officer determines from all available evidence that a
206		-	18 volunteer firefighter, who is a member of an organized
207		-	19 volunteer fire department registered with the Alabama Forestry
208		-	20 Commission, has become totally disabled as a result of any
209		-	21 injury received while engaged in the performance of his or her
210		-	22 fire-fighting duties and the disability is likely to continue
211		-	23 for more than 12 months from the date the injury is incurred,
212		-	24 then the firefighter shall be entitled to receive disability
213		-	25 compensation in the amount of one hundred thousand dollars
214		-	Page 8 HB488
215		-	1 ($100,000) to be paid from the State Treasury as provided in
216		-	2 Section 36-30-3. The term total disability shall be
217		-	3 interpreted to mean that the injured party is medically
218		-	4 disabled to the extent that he or she cannot perform the
219		-	5 duties of the job occupation or profession in which he or she
220		-	6 was engaging at the time the injury was sustained. The State
221		-	7 Health Officer may seek the assistance of any state agency in
222		-	8 making the determination of disability and the state agencies
223		-	9 shall cooperate with the State Health Officer in such regard.
224		-	10 The State Health Officer shall render a decision within 30
225		-	11 days of the time a claim is filed. If such volunteer
226		-	12 firefighter disagrees with any officer, he or she may appeal
227		-	13 the determination to the State Board of Adjustment in
228		-	14 accordance with such board's procedures for such appeals.
229		-	15 "(b) Beginning in calendar year 2009, the
230		-	16 compensation amounts payable under this section shall be
231		-	17 adjusted on January 1 of each year to reflect any increase
232		-	18 during the preceding calendar year in the consumer price index
233		-	19 as published by the U.S. Department of Labor, Bureau of Labor
234		-	20 Statistics. The adjustment shall equal the percentage change
235		-	21 in the consumer price index during the preceding calendar
236		-	22 year.
237		-	23 "(c) Any person who currently serves or previously
238		-	24 served as a firefighter or law enforcement officer who dies as
239		-	25 a result of a firefighter's occupational disease as defined in
240		-	Page 9 HB488
241		-	1 Section 11-43-144 or 36-30-40, or law enforcement officer's
242		-	2 occupational disease as defined in Section 36-30-20 shall be
243		-	3 qualified for a state death benefit as provided in subsection
244		-	4 (a) as if the person died in the performance of his or her
245		-	5 duties, provided he or she satisfies the three years' service
246		-	6 requirement and physical examination requirements set forth in
247		-	7 Section 11-43-144, 36-30-22, or 36-30-41, respectively.
248		-	8 "(d) Any application for the state death benefit
249		-	9 that was submitted during the period from April 29, 2010,
250		-	10 until May 27, 2015, and denied because the firefighter or law
251		-	11 enforcement officer was no longer employed on the date of
252		-	12 death may be resubmitted based on subsection (c) within six
253		-	13 months of May 27, 2015, and reconsidered and granted by the
254		-	14 awarding authority.
255		-	15 "(e) The provisions of this section as amended by
256		-	16 Act 2021-488 shall be retroactive to any death covered by this
257		-	17 chapter as amended after January 1, 2019.
258		-	18 "(f) The provisions of this section as amended by
259		-	19 this act shall be retroactive to any death caused by COVID-19
260		-	20 covered by this chapter as amended between March 13, 2020, and
261		-	21 December 31, 2022.
262		-	22 "§36-30-3.
263		-	23 "The compensation payable to surviving beneficiaries
264		-	24 or dependents of peace officers, firefighters, or rescue squad
265		-	25 members first responders who are killed under the
266		-	Page 10 HB488
267		-	1 circumstances prescribed in Section 36-30-2 shall be paid to
268		-	2 the beneficiaries designated by those peace officers,
269		-	3 firefighters, or rescue squad members first responders. If no
270		-	4 beneficiaries have been designated, or if none remain, the
271		-	5 compensation shall be paid to the persons entitled thereto
272		-	6 without administration or to a guardian or such other person
273		-	7 as the awarding authority may direct for the use of the
274		-	8 persons entitled thereto, as follows:
275		-	9 "(1) If the deceased peace officer, firefighter, or
276		-	10 rescue squad member first responder leaves a dependent spouse
277		-	11 and no other dependents or partial dependents, the total
278		-	12 amount of the compensation provided for in Section 36-30-2
279		-	13 shall be paid to the surviving spouse.
280		-	14 "(2) If the deceased peace officer, firefighter, or
281		-	15 rescue squad member first responder leaves a dependent spouse
282		-	16 and a dependent child or dependent children and no other
283		-	17 dependents or partial dependents, then the total amount of the
284		-	18 compensation provided for in Section 36-30-2 shall be paid to
285		-	19 such surviving spouse for the benefit of herself or himself
286		-	20 and such child or children, or, in its discretion, the
287		-	21 awarding authority may determine what portion of the
288		-	22 compensation shall be applied for the benefit of such child or
289		-	23 children and may order the same paid to a guardian and then
290		-	24 order only the remainder of such compensation paid to the
291		-	25 surviving spouse.
292		-	Page 11 HB488
293		-	1 "(3) If the deceased peace officer, firefighter, or
294		-	2 rescue squad member first responder leaves a dependent child
295		-	3 or children and no dependent spouse or other dependents or
296		-	4 partial dependents, then such child or children shall be
297		-	5 entitled to the total amount of the compensation authorized in
298		-	6 Section 36-30-2, and such compensation shall be paid to a duly
299		-	7 appointed guardian of such child or children or, in the
300		-	8 discretion of the awarding authority, such sum may be paid to
301		-	9 the probate judge of probate of the county of residence of the
302		-	10 child or children. Any probate judge of probate who receives
303		-	11 any moneys monies due any child or children under this article
304		-	12 shall handle and administer all such funds in the manner
305		-	13 prescribed in Sections 26-7-2 through 26-7-5.
306		-	14 "(4) If the deceased peace officer, firefighter, or
307		-	15 rescue squad member first responder leaves no dependent spouse
308		-	16 or dependent child or children but leaves other dependents or
309		-	17 partial dependents, then such dependents and partial
310		-	18 dependents jointly shall be entitled to the total amount of
311		-	19 the compensation provided in Section 36-30-2, and subject to
312		-	20 the limitations prescribed hereinbelow, such compensation
313		-	21 shall be paid to them in the amounts and manner ordered by the
314		-	22 awarding authority.
315		-	23 "(5) If a deceased peace officer, firefighter, or
316		-	24 rescue squad member first responder leaves a dependent spouse
317		-	25 and other dependents or partial dependents but no dependent
318		-	Page 12 HB488
319		-	1 child or children, then the surviving spouse and the other
320		-	2 dependents and partial dependents jointly shall be entitled to
321		-	3 the total compensation provided in Section 36-30-2; and,
322		-	4 subject to the limitations prescribed hereinbelow, such the
323		-	5 compensation shall be paid to such the dependents in the
324		-	6 proportions and in the manner ordered by the awarding
325		-	7 authority; provided, however, that at least 50 percent of such
326		-	8 the compensation must be awarded to the dependent surviving
327		-	9 spouse.
328		-	10 "(6) If a deceased peace officer, firefighter, or
329		-	11 rescue squad member first responder leaves a dependent spouse
330		-	12 and a dependent child or children and other dependents and
331		-	13 partial dependents, then the awarding authority shall
332		-	14 determine what portion of such the compensation shall be paid
333		-	15 to the spouse and child or children and, in its discretion,
334		-	16 may order all such of the compensation be paid to such the
335		-	17 spouse and child or children, but must provide that at least
336		-	18 70 percent thereof of the compensation is paid to them.
337		-	19 "(7) If a deceased peace officer, firefighter, or
338		-	20 rescue squad member first responder leaves a dependent child
339		-	21 or children and other dependents and partial dependents but no
340		-	22 dependent spouse, then the awarding authority shall determine
341		-	23 what portion of such the compensation such the child or
342		-	24 children are entitled to receive and, in its discretion, may
343		-	25 order all such of the compensation awarded to such the child
344		-	Page 13 HB488
345		-	1 or children, but must award at least 60 percent thereof of the
346		-	2 compensation to such the child or children.
347		-	3 "(8) If a deceased peace officer, firefighter, or
348		-	4 rescue squad member first responder leaves no dependent spouse
349		-	5 or child or children but leaves other dependents and partial
350		-	6 dependents, the awarding authority shall determine what
351		-	7 portion of such the compensation each dependent and each
352		-	8 partial dependent shall be entitled to receive, but such the
353		-	9 awarding authority may not award to a partial dependent a
354		-	10 greater percent of such the compensation than the percent of
355		-	11 the deceased peace officer's, firefighter's, or rescue squad
356		-	12 member's first responder's average monthly income which was
357		-	13 regularly contributed toward such the partial dependent's
358		-	14 support for a reasonable time immediately prior to the death
359		-	15 of such officer, firefighter, or rescue squad member the first
360		-	16 responder. In its discretion, the awarding authority may award
361		-	17 all of the compensation provided for in Section 36-30-2 to
362		-	18 such the total dependents of the deceased officer,
363		-	19 firefighter, or rescue squad member first responder to the
364		-	20 exclusion of partial dependents.
365		-	21 "§36-30-4.
366		-	22 "Compensation pursuant to this article for the death
367		-	23 of a peace officer, firefighter, or rescue squad member first
368		-	24 responder shall be paid only to his or her designated
369		-	25 beneficiaries or dependents who at the time of such officer's,
370		-	Page 14 HB488
371		-	1 firefighter's, or rescue squad member's the first responder's
372		-	2 death were actually residents of the United States.
373		-	3 "§36-30-5.
374		-	4 "(a) All claims for compensation as provided in this
375		-	5 article shall be presented to the awarding authority within
376		-	6 two years from the date of the death of the peace officer,
377		-	7 firefighter, or rescue squad member first responder or the
378		-	8 claims are forfeited. All such claims shall be presented in
379		-	9 the form prescribed by the awarding authority, and proof of
380		-	10 the facts and circumstances of the peace officer's,
381		-	11 firefighter's, or rescue squad member's first responder's
382		-	12 death and, if necessary, the claimant's relationship to and
383		-	13 dependence upon such peace officer, firefighter, or rescue
384		-	14 squad member the first responder shall be made in the manner
385		-	15 prescribed by the awarding authority.
386		-	16 "(b) Notwithstanding the provisions of subsection
387		-	17 (a), any person who was previously ineligible to claim the
388		-	18 compensation provided in this article, but is now eligible to
389		-	19 claim the compensation provided in this article because of the
390		-	20 enactment of Act 2008-480, and who is making a claim based
391		-	21 upon the death of a peace officer or firefighter who died on
392		-	22 or after January 1, 2006, but prior to the enactment of Act
393		-	23 2008-480, shall be able to present his or her claim for
394		-	24 compensation to the awarding authority within one year of the
395		-	25 date of enactment of Act 2008-480 regardless of whether the
396		-	Page 15 HB488
397		-	1 claim was presented within one year from the date of the death
398		-	2 of the peace officer or firefighter.
399		-	3 "(c) The awarding authority is hereby authorized to
400		-	4 may prescribe such forms and adopt such rules of evidence and
401		-	5 procedure as it deems necessary or proper, not inconsistent
402		-	6 with the provisions of this article, for the proper
403		-	7 determination of all claims for compensation under this
404		-	8 article."
405		-	9 "§36-30-7.
406		-	10 "(a) This article shall not be construed to give any
407		-	11 person a right of action against the State of Alabama in any
408		-	12 court for the recovery of the compensation authorized by this
409		-	13 article. This article shall not be construed to take away any
410		-	14 right of action in any court under any other law for the
411		-	15 recovery of damages for the death of a peace officer,
412		-	16 firefighter, or rescue squad member first responder; nor, in
413		-	17 the event of the death of a peace officer, firefighter, or
414		-	18 rescue squad member first responder who was an employee of the
415		-	19 State of Alabama at the time of the injury which proximately
416		-	20 caused his or her death, shall this article be construed to
417		-	21 take away the right or privilege of the surviving dependents
418		-	22 of such peace officer, firefighter, or rescue squad member the
419		-	23 first responder to file a claim for damages with the State
420		-	24 Board of Adjustment pursuant to any other law.
421		-	Page 16 HB488
422		-	1 "(b) The decision of the awarding authority shall be
	87	+	26 Public Service Commission, revenue agents, and persons who are
	88	+	27 required by law to comply with the provisions of the Peace
	89	+	Page 3 1 Officers' Minimum Standards, employees of the Board of
	90	+	2 Corrections, highway camp guards, law enforcement officers of
	91	+	3 the Department of Conservation and Natural Resources, all law
	92	+	4 enforcement officers of the Alabama Forestry Commission,
	93	+	5 livestock theft investigators of the Department of Agriculture
	94	+	6 and Industries, Capitol security guards, narcotic agents and
	95	+	7 inspectors of the State Board of Health, any other state,
	96	+	8 county, or municipal officer engaged in quelling a riot, or
	97	+	9 civil disturbance, and university police officers.
	98	+	10 "(7)(10) RESCUE SQUAD MEMBER. A member of an
	99	+	11 organized rescue squad of a city, town, county, or other
	100	+	12 subdivision of the state or of a public corporation, organized
	101	+	13 for the purpose of providing, within the scope of his or her
	102	+	14 practice: First aid, treatment, or transport of the sick or
	103	+	15 injured; rescue or recovery operations at incidents of
	104	+	16 drowning; search and rescue of individuals lost or incapable
	105	+	17 of self rescue; or any other emergency or non-emergency
	106	+	18 incident where the services provided by the rescue squad are
	107	+	19 deemed necessary for incident stabilization. The term includes
	108	+	20 all commanders, officers, and members of organized rescue
	109	+	21 squads that are members of the Alabama Association of Rescue
	110	+	22 Squads.
	111	+	23 "(b) For the purposes of this chapter, the following
	112	+	24 described individuals shall be conclusively presumed to be
	113	+	25 wholly dependent:
	114	+	26 "(1) Spouse, unless it be shown that the spouse was
	115	+	27 voluntarily living apart from the peace officer, firefighter,
	116	+	Page 4 1 or rescue squad member first responder at the time of death,
	117	+	2 or unless it be shown that the peace officer, firefighter, or
	118	+	3 rescue squad member first responder was not in any way
	119	+	4 contributing to the spouse's support and had not in any way
	120	+	5 contributed to the spouse's support for more than 12 months
	121	+	6 next preceding the occurrence of the injury causing death.
	122	+	7 "(2) Minor children under the age of 18 19 years and
	123	+	8 those over 18 19 years or more if physically and mentally
	124	+	9 incapacitated from earning.
	125	+	10 "(3) Spouse, child, mother, father, grandmother,
	126	+	11 grandfather, sister, brother, mother-in-law, and father-in-law
	127	+	12 who were wholly supported by a deceased peace officer,
	128	+	13 firefighter, or rescue squad member first responder at the
	129	+	14 time of his or her death and for a reasonable period of time
	130	+	15 prior thereto shall be considered his or her dependents and
	131	+	16 payment of compensation may be made to them as hereinafter
	132	+	17 authorized.
	133	+	18 "(c) If a paid or volunteer firefighter, peace
	134	+	19 officer, certified police officer, reserve law enforcement
	135	+	20 officer, or rescue squad member is killed while engaged in the
	136	+	21 performance of his or her duties first responder dies in a
	137	+	22 manner described in Section 36-30-2 and there are no
	138	+	23 designated beneficiaries, then the compensation shall be paid
	139	+	24 to his or her dependents or partial dependents in the manner
	140	+	25 prescribed by Section 36-30-3, and if there are none, the
	141	+	26 compensation shall be paid to his or her non-dependent
	142	+	27 children, and if there are none, the compensation shall be
	143	+	Page 5 1 paid to his or her parents, and if there are none, the
	144	+	2 compensation shall be paid to the estate of the deceased.
	145	+	3 "(d) Any member of the class named in subdivision
	146	+	4 (b)(3) who regularly derived part of his or her support from
	147	+	5 the earnings of the deceased peace officer, firefighter, or
	148	+	6 rescue squad member first responder, as the case may be, at
	149	+	7 the time of his or her death and for a reasonable time
	150	+	8 immediately prior thereto shall be considered his or her
	151	+	9 partial dependent and payment of compensation may be made to
	152	+	10 the partial dependent as hereinafter authorized.
	153	+	11 "§36-30-2.
	154	+	12 "(a)(1)a. In the event a peace officer, a
	155	+	13 firefighter, a volunteer firefighter who is a member of an
	156	+	14 organized volunteer fire department registered with the
	157	+	15 Alabama Forestry Commission, or a rescue squad member first
	158	+	16 responder is killed, either accidentally or deliberately,; or
	159	+	17 dies as a result of injuries received while engaged in the
	160	+	18 performance of his or her duties,; or dies as a direct and
	161	+	19 proximate result of a heart attack or stroke,; or within 14
	162	+	20 calendar days after being required to report to his or her
	163	+	21 usual place of employment, he or she contracts COVID-19
	164	+	22 between March 13, 2020, and December 31, 2022, as confirmed by
	165	+	23 a positive test or diagnosis by a licensed medical
	166	+	24 professional, and dies as a result of COVID-19 or
	167	+	25 complications therefrom, his or her beneficiaries or
	168	+	26 dependents shall be entitled to compensation in the amount of
	169	+	Page 6 1 one hundred thousand dollars ($100,000) to be paid from the
	170	+	2 State Treasury as provided in Section 36-30-3, unless such.
	171	+	3 "b. This subsection does not apply if the first
	172	+	4 responder's death was caused by the willful misconduct of the
	173	+	5 officer, firefighter, or rescue squad member first responder
	174	+	6 or was due to his or her own intoxication or his or her
	175	+	7 willful failure or refusal to use safety appliances provided
	176	+	8 by his or her employer or his or her willful refusal or
	177	+	9 neglect to perform a statutory duty or any other willful
	178	+	10 violation of a law or his or her willful breach of a
	179	+	11 reasonable rule or regulation governing the performance of his
	180	+	12 or her duties or his or her employment of which rule or
	181	+	13 regulation he or she had knowledge. Notwithstanding the
	182	+	14 foregoing, for purposes of deaths caused by COVID-19, the
	183	+	15 dependents or beneficiaries of the deceased first responder
	184	+	16 shall be entitled to the compensation described in paragraph
	185	+	17 (a)(1)a. regardless of the first responder's vaccination
	186	+	18 status against COVID-19, and regardless of whether the first
	187	+	19 responder regularly wore masks or other filtration devices in
	188	+	20 the performance of his or her duties.
	189	+	21 "(2) Any peace officer, firefighter, volunteer
	190	+	22 firefighter, or rescue squad member first responder whose
	191	+	23 death results proximately from an injury received while
	192	+	24 performing his or her duties, for the purposes of this
	193	+	25 article, shall be deemed to have been killed while in the
	194	+	26 performance of such duties. A volunteer firefighter or a
	195	+	27 member of an organized rescue squad who dies of cardiac
	196	+	Page 7 1 arrest, cerebrovascular accident, or pulmonary edema within 24
	197	+	2 hours after preparing to respond to a called emergency or
	198	+	3 responding to an emergency; or after serving in his or her
	199	+	4 capacity at an emergency; or after participating in a required
	200	+	5 physical training exercise shall be presumed to have died in
	201	+	6 the performance of his or her duties. If the State Health
	202	+	7 Officer determines from all available evidence that a
	203	+	8 volunteer firefighter, who is a member of an organized
	204	+	9 volunteer fire department registered with the Alabama Forestry
	205	+	10 Commission, has become totally disabled as a result of any
	206	+	11 injury received while engaged in the performance of his or her
	207	+	12 fire-fighting duties and the disability is likely to continue
	208	+	13 for more than 12 months from the date the injury is incurred,
	209	+	14 then the firefighter shall be entitled to receive disability
	210	+	15 compensation in the amount of one hundred thousand dollars
	211	+	16 ($100,000) to be paid from the State Treasury as provided in
	212	+	17 Section 36-30-3. The term total disability shall be
	213	+	18 interpreted to mean that the injured party is medically
	214	+	19 disabled to the extent that he or she cannot perform the
	215	+	20 duties of the job occupation or profession in which he or she
	216	+	21 was engaging at the time the injury was sustained. The State
	217	+	22 Health Officer may seek the assistance of any state agency in
	218	+	23 making the determination of disability and the state agencies
	219	+	24 shall cooperate with the State Health Officer in such regard.
	220	+	25 The State Health Officer shall render a decision within 30
	221	+	26 days of the time a claim is filed. If such volunteer
	222	+	27 firefighter disagrees with any officer, he or she may appeal
	223	+	Page 8 1 the determination to the State Board of Adjustment in
	224	+	2 accordance with such board's procedures for such appeals.
	225	+	3 "(b) Beginning in calendar year 2009, the
	226	+	4 compensation amounts payable under this section shall be
	227	+	5 adjusted on January 1 of each year to reflect any increase
	228	+	6 during the preceding calendar year in the consumer price index
	229	+	7 as published by the U.S. Department of Labor, Bureau of Labor
	230	+	8 Statistics. The adjustment shall equal the percentage change
	231	+	9 in the consumer price index during the preceding calendar
	232	+	10 year.
	233	+	11 "(c) Any person who currently serves or previously
	234	+	12 served as a firefighter or law enforcement officer who dies as
	235	+	13 a result of a firefighter's occupational disease as defined in
	236	+	14 Section 11-43-144 or 36-30-40, or law enforcement officer's
	237	+	15 occupational disease as defined in Section 36-30-20 shall be
	238	+	16 qualified for a state death benefit as provided in subsection
	239	+	17 (a) as if the person died in the performance of his or her
	240	+	18 duties, provided he or she satisfies the three years' service
	241	+	19 requirement and physical examination requirements set forth in
	242	+	20 Section 11-43-144, 36-30-22, or 36-30-41, respectively.
	243	+	21 "(d) Any application for the state death benefit
	244	+	22 that was submitted during the period from April 29, 2010,
	245	+	23 until May 27, 2015, and denied because the firefighter or law
	246	+	24 enforcement officer was no longer employed on the date of
	247	+	25 death may be resubmitted based on subsection (c) within six
	248	+	26 months of May 27, 2015, and reconsidered and granted by the
	249	+	27 awarding authority.
	250	+	Page 9 1 "(e) The provisions of this section as amended by
	251	+	2 Act 2021-488 shall be retroactive to any death covered by this
	252	+	3 chapter as amended after January 1, 2019.
	253	+	4 "(f) The provisions of this section as amended by
	254	+	5 this act shall be retroactive to any death caused by COVID-19
	255	+	6 covered by this chapter as amended between March 13, 2020, and
	256	+	7 December 31, 2022.
	257	+	8 "§36-30-3.
	258	+	9 "The compensation payable to surviving beneficiaries
	259	+	10 or dependents of peace officers, firefighters, or rescue squad
	260	+	11 members first responders who are killed under the
	261	+	12 circumstances prescribed in Section 36-30-2 shall be paid to
	262	+	13 the beneficiaries designated by those peace officers,
	263	+	14 firefighters, or rescue squad members first responders. If no
	264	+	15 beneficiaries have been designated, or if none remain, the
	265	+	16 compensation shall be paid to the persons entitled thereto
	266	+	17 without administration or to a guardian or such other person
	267	+	18 as the awarding authority may direct for the use of the
	268	+	19 persons entitled thereto, as follows:
	269	+	20 "(1) If the deceased peace officer, firefighter, or
	270	+	21 rescue squad member first responder leaves a dependent spouse
	271	+	22 and no other dependents or partial dependents, the total
	272	+	23 amount of the compensation provided for in Section 36-30-2
	273	+	24 shall be paid to the surviving spouse.
	274	+	25 "(2) If the deceased peace officer, firefighter, or
	275	+	26 rescue squad member first responder leaves a dependent spouse
	276	+	27 and a dependent child or dependent children and no other
	277	+	Page 10 1 dependents or partial dependents, then the total amount of the
	278	+	2 compensation provided for in Section 36-30-2 shall be paid to
	279	+	3 such surviving spouse for the benefit of herself or himself
	280	+	4 and such child or children, or, in its discretion, the
	281	+	5 awarding authority may determine what portion of the
	282	+	6 compensation shall be applied for the benefit of such child or
	283	+	7 children and may order the same paid to a guardian and then
	284	+	8 order only the remainder of such compensation paid to the
	285	+	9 surviving spouse.
	286	+	10 "(3) If the deceased peace officer, firefighter, or
	287	+	11 rescue squad member first responder leaves a dependent child
	288	+	12 or children and no dependent spouse or other dependents or
	289	+	13 partial dependents, then such child or children shall be
	290	+	14 entitled to the total amount of the compensation authorized in
	291	+	15 Section 36-30-2, and such compensation shall be paid to a duly
	292	+	16 appointed guardian of such child or children or, in the
	293	+	17 discretion of the awarding authority, such sum may be paid to
	294	+	18 the probate judge of probate of the county of residence of the
	295	+	19 child or children. Any probate judge of probate who receives
	296	+	20 any moneys monies due any child or children under this article
	297	+	21 shall handle and administer all such funds in the manner
	298	+	22 prescribed in Sections 26-7-2 through 26-7-5.
	299	+	23 "(4) If the deceased peace officer, firefighter, or
	300	+	24 rescue squad member first responder leaves no dependent spouse
	301	+	25 or dependent child or children but leaves other dependents or
	302	+	26 partial dependents, then such dependents and partial
	303	+	27 dependents jointly shall be entitled to the total amount of
	304	+	Page 11 1 the compensation provided in Section 36-30-2, and subject to
	305	+	2 the limitations prescribed hereinbelow, such compensation
	306	+	3 shall be paid to them in the amounts and manner ordered by the
	307	+	4 awarding authority.
	308	+	5 "(5) If a deceased peace officer, firefighter, or
	309	+	6 rescue squad member first responder leaves a dependent spouse
	310	+	7 and other dependents or partial dependents but no dependent
	311	+	8 child or children, then the surviving spouse and the other
	312	+	9 dependents and partial dependents jointly shall be entitled to
	313	+	10 the total compensation provided in Section 36-30-2; and,
	314	+	11 subject to the limitations prescribed hereinbelow, such the
	315	+	12 compensation shall be paid to such the dependents in the
	316	+	13 proportions and in the manner ordered by the awarding
	317	+	14 authority; provided, however, that at least 50 percent of such
	318	+	15 the compensation must be awarded to the dependent surviving
	319	+	16 spouse.
	320	+	17 "(6) If a deceased peace officer, firefighter, or
	321	+	18 rescue squad member first responder leaves a dependent spouse
	322	+	19 and a dependent child or children and other dependents and
	323	+	20 partial dependents, then the awarding authority shall
	324	+	21 determine what portion of such the compensation shall be paid
	325	+	22 to the spouse and child or children and, in its discretion,
	326	+	23 may order all such of the compensation be paid to such the
	327	+	24 spouse and child or children, but must provide that at least
	328	+	25 70 percent thereof of the compensation is paid to them.
	329	+	26 "(7) If a deceased peace officer, firefighter, or
	330	+	27 rescue squad member first responder leaves a dependent child
	331	+	Page 12 1 or children and other dependents and partial dependents but no
	332	+	2 dependent spouse, then the awarding authority shall determine
	333	+	3 what portion of such the compensation such the child or
	334	+	4 children are entitled to receive and, in its discretion, may
	335	+	5 order all such of the compensation awarded to such the child
	336	+	6 or children, but must award at least 60 percent thereof of the
	337	+	7 compensation to such the child or children.
	338	+	8 "(8) If a deceased peace officer, firefighter, or
	339	+	9 rescue squad member first responder leaves no dependent spouse
	340	+	10 or child or children but leaves other dependents and partial
	341	+	11 dependents, the awarding authority shall determine what
	342	+	12 portion of such the compensation each dependent and each
	343	+	13 partial dependent shall be entitled to receive, but such the
	344	+	14 awarding authority may not award to a partial dependent a
	345	+	15 greater percent of such the compensation than the percent of
	346	+	16 the deceased peace officer's, firefighter's, or rescue squad
	347	+	17 member's first responder's average monthly income which was
	348	+	18 regularly contributed toward such the partial dependent's
	349	+	19 support for a reasonable time immediately prior to the death
	350	+	20 of such officer, firefighter, or rescue squad member the first
	351	+	21 responder. In its discretion, the awarding authority may award
	352	+	22 all of the compensation provided for in Section 36-30-2 to
	353	+	23 such the total dependents of the deceased officer,
	354	+	24 firefighter, or rescue squad member first responder to the
	355	+	25 exclusion of partial dependents.
	356	+	26 "§36-30-4.
	357	+	Page 13 1 "Compensation pursuant to this article for the death
	358	+	2 of a peace officer, firefighter, or rescue squad member first
	359	+	3 responder shall be paid only to his or her designated
	360	+	4 beneficiaries or dependents who at the time of such officer's,
	361	+	5 firefighter's, or rescue squad member's the first responder's
	362	+	6 death were actually residents of the United States.
	363	+	7 "§36-30-5.
	364	+	8 "(a) All claims for compensation as provided in this
	365	+	9 article shall be presented to the awarding authority within
	366	+	10 two years from the date of the death of the peace officer,
	367	+	11 firefighter, or rescue squad member first responder or the
	368	+	12 claims are forfeited. All such claims shall be presented in
	369	+	13 the form prescribed by the awarding authority, and proof of
	370	+	14 the facts and circumstances of the peace officer's,
	371	+	15 firefighter's, or rescue squad member's first responder's
	372	+	16 death and, if necessary, the claimant's relationship to and
	373	+	17 dependence upon such peace officer, firefighter, or rescue
	374	+	18 squad member the first responder shall be made in the manner
	375	+	19 prescribed by the awarding authority.
	376	+	20 "(b) Notwithstanding the provisions of subsection
	377	+	21 (a), any person who was previously ineligible to claim the
	378	+	22 compensation provided in this article, but is now eligible to
	379	+	23 claim the compensation provided in this article because of the
	380	+	24 enactment of Act 2008-480, and who is making a claim based
	381	+	25 upon the death of a peace officer or firefighter who died on
	382	+	26 or after January 1, 2006, but prior to the enactment of Act
	383	+	27 2008-480, shall be able to present his or her claim for
	384	+	Page 14 1 compensation to the awarding authority within one year of the
	385	+	2 date of enactment of Act 2008-480 regardless of whether the
	386	+	3 claim was presented within one year from the date of the death
	387	+	4 of the peace officer or firefighter.
	388	+	5 "(c) The awarding authority is hereby authorized to
	389	+	6 may prescribe such forms and adopt such rules of evidence and
	390	+	7 procedure as it deems necessary or proper, not inconsistent
	391	+	8 with the provisions of this article, for the proper
	392	+	9 determination of all claims for compensation under this
	393	+	10 article."
	394	+	11 "§36-30-7.
	395	+	12 "(a) This article shall not be construed to give any
	396	+	13 person a right of action against the State of Alabama in any
	397	+	14 court for the recovery of the compensation authorized by this
	398	+	15 article. This article shall not be construed to take away any
	399	+	16 right of action in any court under any other law for the
	400	+	17 recovery of damages for the death of a peace officer,
	401	+	18 firefighter, or rescue squad member first responder; nor, in
	402	+	19 the event of the death of a peace officer, firefighter, or
	403	+	20 rescue squad member first responder who was an employee of the
	404	+	21 State of Alabama at the time of the injury which proximately
	405	+	22 caused his or her death, shall this article be construed to
	406	+	23 take away the right or privilege of the surviving dependents
	407	+	24 of such peace officer, firefighter, or rescue squad member the
	408	+	25 first responder to file a claim for damages with the State
	409	+	26 Board of Adjustment pursuant to any other law.
	410	+	Page 15 1 "(b) The decision of the awarding authority shall be
423	411		2 final and shall not be subject to appeal or review by any
424	412		3 court."
425	413		4 Section 2. This act shall become effective on the
426	414		5 first day of the third month following its passage and
427	415		6 approval by the Governor, or its otherwise becoming law.
428		-	Page 17 HB488
429		-	1
	416	+	Page 16 1
430	417		2
431		-	3
432		-	4
433		-	Speaker of the House of Representatives
434		-
435		-	5
436		-	6 President and Presiding Officer of the Senate
437		-	House of Representatives7
438		-	I hereby certify that the within Act originated in8
439		-	9 and was passed by the House 29-MAR-22, as amended.
440		-	10
441		-	11 Jeff Woodard
442		-	12 Clerk
443		-	13
444		-	14
	418	+	House of Representatives3
	419	+	Read for the first time and re-4
	420	+	5 ferred to the House of Representa-
	421	+	6 tives committee on Ways and Means
	422	+	General Fund.......................7 .......10-MAR-22
	423	+	8
	424	+	Read for the second time and placed9
	425	+	on the calendar 1 amendment ......10 .......17-MAR-22
	426	+	11
	427	+	Read for the third time and passed12
	428	+	as amended.........................13 .......29-MAR-22
	429	+	Yeas 98, Nays 0, Abstains 214
445	430		15
446		-	Senate16 07-APR-22 Passed
447		-	17
448		-	Page 18
	431	+	16 Jeff Woodard
	432	+	17 Clerk
	433	+	18
	434	+	Page 17