Georgia 2023-2024 Regular Session

Georgia Senate Bill SB554 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC ~~39 4286S~~
2		-	~~The~~ Senate ~~Committee on Public Safety offered the following~~
3		-	~~substitute to SB 554:~~
	1	+	24 LC 36 5793
	2	+	Senate Bill 554
	3	+	By: Senator Anavitarte of the 31st
4	4		A BILL TO BE ENTITLED
5	5		AN ACT
6		-	To amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia1
	6	+	To amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia
	7	+	1
7	8		Annotated, relating to Georgia State Indemnification Fund, so as to create a presumption for2
8	9		the qualification for indemnification benefits based on a public safety officer having3
9	10		COVID-19 at the time of death, if certain requirements are met; to provide a definition; to4
10	11		allow applications for indemnification for such circumstances to be made during a certain5
11	12		time period; to authorize the Department of Administrative Services to purchase annuities6
12	13		for certain purposes; to provide for related matters; to provide for an effective date; to repeal7
13	14		conflicting laws; and for other purposes.8
14	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
15	16		SECTION 1.10
16	17		Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated,11
17	18		relating to Georgia State Indemnification Fund, is amended by revising Code12
18	19		Section 45-9-85, relating to payment of indemnification for death or disability, procedure for13
19	20		making payments, and appeal, as follows:14
20	21		"45-9-85.15
21	22		(a) As used in this Code section, the term:16
22		-	- 1 - 24 LC 39 4286S
	23	+	S. B. 554
	24	+	- 1 - 24 LC 36 5793
23	25		(1) 'COVID-19' means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),17
24	26		and any mutation or viral fragments thereof, or any disease or condition caused by severe18
25	27		acute respiratory syndrome coronavirus 2 (SARS-CoV-2).19
26	28		(1)(2) 'Nonroutine stressful or strenuous physical activity' means actions that are not20
27	29		clerical, administrative, or nonmanual in nature.21
28	30		(2)(3) 'Public safety officer' means a law enforcement officer, firefighter, emergency22
29	31		medical technician, emergency management rescue specialist, state highway employee,23
30	32		or prison guard.24
31	33		(3)(4) 'Work related activity' means, while in the line of duty:25
32	34		(A) Engaging in a situation involving nonroutine stressful or strenuous physical26
33	35		activity related to law enforcement, fire suppression, rescue, hazardous material27
34	36		response, emergency medical services, prison or jail security, disaster relief, or any28
35	37		other emergency response; or29
36	38		(B) Participating in a training exercise involving nonroutine stressful or strenuous30
37	39		physical activity.31
38	40		(b) Indemnification shall be paid under this article as follows:32
39	41		(1) In the case of a partial permanent disability suffered in the line of duty by a public33
40	42		safety officer, the eligible disabled person may elect payment of $35,000.00 paid in equal34
41	43		monthly installments for five years or a lump sum of such amount reduced to its present35
42	44		value upon the basis of interest calculated at the rate of 6 percent per annum;36
43	45		(2) In the case of a total permanent disability suffered in the line of duty by a public37
44	46		safety officer, the injured person may elect to receive a payment of $75,000.00 paid in38
45	47		equal monthly installments for five years or a lump sum of such amount reduced to its39
46	48		present value upon the basis of interest calculated at the rate of 6 percent per annum;40
47	49		(3)(A) In the case of death suffered in the line of duty by a public safety officer,41
48	50		payment shall be made to:42
49	51		(i) The surviving unremarried spouse;43
50		-	- 2 - 24 LC 39 4286S
51		-	(ii) The surviving children who are under the age of 19 or, if a student enrolled in an44
	52	+	S. B. 554
	53	+	- 2 - 24 LC 36 5793
	54	+	(ii) The surviving children who are under the age of 19 or, if a student enrolled in an
	55	+	44
52	56		institution of postsecondary education at the time of such death, under the age of 24;45
53	57		or46
54	58		(iii) Individuals not otherwise provided for under this subparagraph who are the47
55	59		dependents of the spouse or deceased person as shown in the spouse's or deceased48
56	60		person's most recent tax return.49
57	61		(B) In the case of organic brain damage suffered in the line of duty by a public safety50
58	62		officer, payment shall be made to the legal guardian of the organically brain damaged51
59	63		person.52
60	64		(C) The surviving unremarried spouse, dependents, or the legal guardian may elect to53
61	65		receive payment in a lump sum payment of $150,000.00 paid in equal monthly54
62	66		installments for five years or a lump sum of such amount reduced to its present value55
63		-	upon the basis of interest calculated at the rate of 6 percent per annum. The department56
	67	+	upon the basis of interest calculated at the rate of 6 percent per annum. The department
	68	+	56
64	69		shall be authorized to purchase annuities for such payments; or57
65	70		(4) A heart attack, stroke, or vascular rupture suffered by a public safety officer shall be58
66	71		presumed to qualify such public safety officer under this subsection if the heart attack,59
67	72		stroke, or vascular rupture:60
68	73		(A) Commenced:61
69	74		(i) While such public safety officer was performing work related activity;62
70	75		(ii) While such public safety officer was on duty after performing work related63
71	76		activity; or64
72	77		(iii) Not later than 24 hours after performing work related activity; and65
73	78		(B) Directly or proximately resulted in the death or partial or permanent disability of66
74	79		the public safety officer, unless competent medical evidence established that the heart67
75	80		attack, stroke, or vascular rupture was not related to the work related activity or was68
76	81		directly or proximately caused by something other than the mere presence of69
77	82		cardiovascular disease risk factors; and70
78		-	- 3 - 24 LC 39 4286S
79		-	(5) No indemnification shall be paid under this article for COVID-19 related deaths71
80		-	except as provided for in this paragraph. Unless competent medical evidence establishes72
81		-	that the death of a public safety officer was directly and proximately caused by something73
82		-	other than COVID-19, deaths occurring on or before April 15, 2022, shall be presumed74
83		-	to qualify for indemnification benefits, if:75
84		-	(A) The public safety officer was diagnosed with COVID-19, or the evidence indicates76
85		-	the officer had COVID-19, within 14 days of such public safety officer's last day of77
86		-	duty;78
87		-	(B) The evidence indicates that the public safety officer had COVID-19 or79
88		-	complications therefrom at the time of death; and80
89		-	(C) The qualifications of subparagraph (A) of paragraph (3) of this subsection81
90		-	regarding eligible recipients are met; provided, however, that a death for which an82
91		-	indemnification benefit under the Georgia State Indemnification Fund has already been83
92		-	paid shall not qualify under this paragraph for indemnification benefits to be paid to84
93		-	such recipients.85
94		-	(c) After the department, or the commissioner or his or her designee upon review of a86
95		-	denial by the department, determines that a public safety officer has suffered a total87
96		-	permanent disability, a partial permanent disability, organic brain damage, or death in the88
97		-	line of duty, the department shall be authorized to make the appropriate payments as89
98		-	provided in subsection (b) of this Code section.90
99		-	(d) If the department denies a claim, any person seeking benefits pursuant to this part may91
100		-	appeal the department's decision to the commissioner or his or her designee. Any such92
101		-	appeal shall be filed with the commissioner or his or her designee within 60 days of receipt93
102		-	of the department's decision and shall identify the errors in the department's decision. 94
103		-	Appeals shall be considered by the commissioner or his or her designee as provided in95
104		-	Code Section 45-9-84."96
105		-	- 4 - 24 LC 39 4286S
106		-	SECTION 2.97
107		-	Said part is further amended by revising Code Section 45-9-86, relating to application for98
108		-	indemnification, as follows:99
109		-	"45-9-86.100
110		-	(a) As used in this Code section, the term 'public safety officer' shall have the same101
111		-	meaning as provided in Code Section 45-9-85.102
112		-	(b) An application for indemnification with respect to a claim for total permanent103
113		-	disability or partial permanent disability of a public safety officer shall be submitted by that104
114		-	person unless the person is mentally incompetent, in which case the application may be105
115		-	made on such person's behalf by his or her legal guardian.106
116		-	(c) An application for indemnification with respect to a claim for the death of a public107
117		-	service safety officer shall be submitted by or on behalf of the surviving unremarried108
118		-	spouse or dependents eligible under this part.109
119		-	(d) Except as provided in subsection (e) of this Code section, an An application for110
120		-	indemnification with respect to death, organic brain damage, total permanent disability, or111
121		-	partial permanent disability must be made within 24 months after the date of the incident112
122		-	giving rise to the death, organic brain damage, or disability.113
123		-	(e) An application for indemnification with respect to death pursuant to paragraph (5) of114
124		-	subsection (b) of Code Section 45-9-85 must be made between the effective date of this115
125		-	Code section and August 1, 2024. No indemnification claim for death pursuant to116
126		-	paragraph (5) of subsection (b) of Code Section 45-9-85 shall be paid for an application117
127		-	that is not made between the effective date of this Code section and August 1, 2024."118
128		-	SECTION 3.119
129		-	This Act shall become effective upon its approval by the Governor or upon its becoming law120
130		-	without such approval.121
131		-	- 5 - 24 LC 39 4286S
132		-	SECTION 4.122
133		-	All laws and parts of laws in conflict with this Act are repealed.123
	83	+	S. B. 554
	84	+	- 3 - 24 LC 36 5793
	85	+	(5) Unless competent medical evidence establishes that the death of a public safety71
	86	+	officer was directly and proximately caused by something other than COVID-19, deaths72
	87	+	occurring on or before April 15, 2022, shall be presumed to qualify for indemnification73
	88	+	benefits, if:74
	89	+	(A) The public safety officer was diagnosed with COVID-19, or the evidence indicates75
	90	+	the officer had COVID-19, within 14 days of such public safety officer's last day of76
	91	+	duty;77
	92	+	(B) The evidence indicates that the public safety officer had COVID-19 or78
	93	+	complications therefrom at the time of death; and79
	94	+	(C) The qualifications of subparagraph (A) of paragraph (3) of this subsection80
	95	+	regarding eligible recipients are met; provided, however, that a death for which an81
	96	+	indemnification benefit under the Georgia State Indemnification Fund has already been82
	97	+	paid shall not qualify under this paragraph for indemnification benefits to be paid to83
	98	+	such recipients.84
	99	+	(c) After the department, or the commissioner or his or her designee upon review of a85
	100	+	denial by the department, determines that a public safety officer has suffered a total86
	101	+	permanent disability, a partial permanent disability, organic brain damage, or death in the87
	102	+	line of duty, the department shall be authorized to make the appropriate payments as88
	103	+	provided in subsection (b) of this Code section.89
	104	+	(d) If the department denies a claim, any person seeking benefits pursuant to this part may90
	105	+	appeal the department's decision to the commissioner or his or her designee. Any such91
	106	+	appeal shall be filed with the commissioner or his or her designee within 60 days of receipt92
	107	+	of the department's decision and shall identify the errors in the department's decision. 93
	108	+	Appeals shall be considered by the commissioner or his or her designee as provided in94
	109	+	Code Section 45-9-84."95
	110	+	S. B. 554
	111	+	- 4 - 24 LC 36 5793
	112	+	SECTION 2.
	113	+	96
	114	+	Said part is further amended by revising Code Section 45-9-86, relating to application for97
	115	+	indemnification, as follows:98
	116	+	"45-9-86.99
	117	+	(a) As used in this Code section, the term 'public safety officer' shall have the same100
	118	+	meaning as provided in Code Section 45-9-85.101
	119	+	(b) An application for indemnification with respect to a claim for total permanent102
	120	+	disability or partial permanent disability of a public safety officer shall be submitted by that103
	121	+	person unless the person is mentally incompetent, in which case the application may be104
	122	+	made on such person's behalf by his or her legal guardian.105
	123	+	(c) An application for indemnification with respect to a claim for the death of a public106
	124	+	service
	125	+	safety officer shall be submitted by or on behalf of the surviving unremarried107
	126	+	spouse or dependents eligible under this part.108
	127	+	(d) Except as provided in subsection (e) of this Code section, an An application for109
	128	+	indemnification with respect to death, organic brain damage, total permanent disability, or110
	129	+	partial permanent disability must be made within 24 months after the date of the incident111
	130	+	giving rise to the death, organic brain damage, or disability.112
	131	+	(e) An application for indemnification with respect to death pursuant to paragraph (5) of113
	132	+	subsection (b) of Code Section 45-9-85 must be made between the effective date of this114
	133	+	Code section and August 1, 2024. No indemnification claim for death pursuant to115
	134	+	paragraph (5) of subsection (b) of Code Section 45-9-85 shall be paid for an application116
	135	+	that is not made between the effective date of this Code section and August 1, 2024."117
	136	+	SECTION 3.118
	137	+	This Act shall become effective upon its approval by the Governor or upon its becoming law119
	138	+	without such approval.120
	139	+	S. B. 554
	140	+	- 5 - 24 LC 36 5793
	141	+	SECTION 4.
	142	+	121
	143	+	All laws and parts of laws in conflict with this Act are repealed.122
	144	+	S. B. 554
134	145		- 6 -