Georgia 2023-2024 Regular Session

Georgia Senate Bill SB43 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 39 3605
2	2	S. B. 43
3	3	- 1 -
4	4	Senate Bill 43
5	5	By: Senators Jackson of the 41st, Albers of the 56th, Robertson of the 29th, Jones II of the
6	6	22nd, Payne of the 54th and others
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	To amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia
10	10	1
11	11	Annotated, relating to Georgia State Indemnification Fund, so as to provide that death by2
12	12	suicide of a public safety officer in certain instances be considered a death in the line of duty3
13	13	for purposes of indemnification; to provide clarification for instances of indemnification for4
14	14	heart attack, stroke, or vascular rupture; to revise and provide for a definition; to provide for5
15	15	related matters; to repeal conflicting laws; and for other purposes.6
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
17	17	SECTION 1.8
18	18	Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated,9
19	19	relating to Georgia State Indemnification Fund, is amended by revising Code10
20	20	Section 45-9-85, relating to payment of indemnification for death or disability, procedure for11
21	21	making payments, and appeal, as follows:12
22	22	"45-9-85.13
23	23	(a) As used in this Code section, the term:14
24	24	(1) 'Nonroutine stressful or strenuous physical activity' means actions that are not15
25	25	clerical, administrative, or nonmanual in nature.16 23 LC 39 3605
26	26	S. B. 43
27	27	- 2 -
28	28	(2) 'Public safety officer' means a law enforcement officer, firefighter, emergency
29	29	17
30	30	medical technician, emergency management rescue specialist, state highway employee,18
31	31	or prison guard authorized to indemnification pursuant to Article III, Section VI,
32	32	19
33	33	Paragraph VI, subparagraphs (d), (e), and (g) of the Georgia Constitution.20
34	34	(3) 'Work related activity' means, while in the line of on duty:21
35	35	(A) Engaging in a situation involving nonroutine stressful or strenuous physical22
36	36	activity related to law enforcement, fire suppression, rescue, hazardous material23
37	37	response, emergency medical services, prison or jail security, disaster relief, or any24
38	38	other emergency response as classified by the commission; or25
39	39	(B) Participating in a training exercise involving nonroutine stressful or strenuous26
40	40	physical activity.27
41	41	(b) Indemnification shall be paid under this article part as follows:28
42	42	(1) In the case of a partial permanent disability suffered in the line of duty by a public29
43	43	safety officer while in the line of duty, the eligible disabled person may elect to receive30
44	44	a payment of $35,000.00 paid in equal monthly installments for five years or a lump sum31
45	45	of such amount reduced to its present value upon the basis of interest calculated at the32
46	46	rate of 6 percent per annum;33
47	47	(2) In the case of a total permanent disability suffered in the line of duty by a public34
48	48	safety officer while in the line of duty, the injured eligible disabled person may elect to35
49	49	receive a payment of $75,000.00 paid in equal monthly installments for five years or a36
50	50	lump sum of such amount reduced to its present value upon the basis of interest37
51	51	calculated at the rate of 6 percent per annum;38
52	52	(3)(A) In the case of death suffered in the line of duty by a public safety officer while39
53	53	in the line of duty, payment shall be made to:40
54	54	(i) The surviving unremarried spouse;41 23 LC 39 3605
55	55	S. B. 43
56	56	- 3 -
57	57	(ii) The surviving children who are under the age of 19 or, if a student enrolled in an
58	58	42
59	59	institution of postsecondary education at the time of such death, under the age of 24;43
60	60	or44
61	61	(iii) Individuals not otherwise provided for under this subparagraph who are the45
62	62	dependents of the spouse or deceased person as shown in the spouse's or deceased46
63	63	person's most recent tax return.47
64	64	(B) In the case of organic brain damage suffered in the line of duty by a law
65	65	48
66	66	enforcement officer, firefighter, emergency medical technician, emergency49
67	67	management specialist, state highway employee, or prison guard by a public safety50
68	68	officer while in the line of duty, payment shall be made to the legal guardian of the51
69	69	organically brain damaged person.52
70	70	(C) The surviving unremarried spouse, dependents, or the legal guardian qualified for53
71	71	indemnification payment pursuant to this paragraph may elect to receive a payment in54
72	72	a lump sum payment of $150,000.00 paid in equal monthly installments for five years55
73	73	or a lump sum of such amount reduced to its present value upon the basis of interest56
74	74	calculated at the rate of 6 percent per annum; or.57
75	75	(c)(1) After the department, or the commission upon review of a denial by the58
76	76	department, determines that a public safety officer has suffered a total permanent59
77	77	disability, a partial permanent disability, organic brain damage, or death in the line of60
78	78	duty, the department shall be authorized to make the appropriate payments as provided61
79	79	in subsection (b) of this Code section.62
80	80	(4)(2) The department shall consider a A heart attack, stroke, or vascular rupture suffered63
81	81	by a public safety officer shall be presumed to qualify such public safety officer under64
82	82	this subsection to have occurred while in the line of duty if the heart attack, stroke, or65
83	83	vascular rupture:66
84	84	(A) Commenced:67
85	85	(i) While such public safety officer was performing work related activity;68 23 LC 39 3605
86	86	S. B. 43
87	87	- 4 -
88	88	(ii) While such public safety officer was on duty after performing work related
89	89	69
90	90	activity; or70
91	91	(iii) Not later than 24 hours after performing work related activity; and71
92	92	(B) Directly or proximately resulted in the death or partial or permanent disability of72
93	93	the public safety officer, unless competent medical evidence established that the heart73
94	94	attack, stroke, or vascular rupture was not related to the work related activity or was74
95	95	directly or proximately caused by something other than the mere presence of75
96	96	cardiovascular disease risk factors.76
97	97	(3) The department shall consider the death of a public safety officer caused by suicide
98	98	77
99	99	to have occurred while in the line of duty if the death occurred within 30 days of his or78
100	100	her last day on duty.79
101	101	(c) After the department, or the commission upon review of a denial by the department,80
102	102	determines that a public safety officer has suffered a total permanent disability, a partial81
103	103	permanent disability, organic brain damage, or death in the line of duty, the department82
104	104	shall be authorized to make the appropriate payments as provided in subsection (b) of this83
105	105	Code section.84
106	106	(d) If the department denies a claim, any person seeking benefits pursuant to this part may85
107	107	appeal the department's decision to the commission. Any such appeal shall be filed with86
108	108	the commission within 60 days of receipt of the department's decision and shall identify87
109	109	the errors in the department's decision. Appeals shall be considered by the commission at88
110	110	the commission's semiannual meeting as provided in Code Section 45-9-84."89
111	111	SECTION 2.90
112	112	Said part is further amended by revising Code Section 45-9-88, relating to indemnification91
113	113	not to be awarded when penal violation, suicide, intentionally self-inflicted injuries, natural92
114	114	causes, or performance of certain routine duties caused or contributed to death or disability,93
115	115	as follows:94 23 LC 39 3605
116	116	S. B. 43
117	117	- 5 -
118	118	"45-9-88.
119	119	95
120	120	(a) No indemnification shall be awarded to any person otherwise entitled thereto who96
121	121	violates a penal law of this state which violation caused or contributed to the death or97
122	122	disability of the officer.98
123	123	(b) Notwithstanding any other provision of this article
124	124	part, no payment shall be authorized99
125	125	if death, organic brain damage, total permanent disability, or partial permanent disability100
126	126	occurs from suicide, intentionally self-inflicted injuries other than suicide, natural causes,101
127	127	or the performance of routine duties which would not be considered strenuous or dangerous102
128	128	by a reasonable person, except as provided for in subsection (b) (c) of Code103
129	129	Section 45-9-85."104
130	130	SECTION 3.105
131	131	All laws and parts of laws in conflict with this Act are repealed.106