Revision: March 8, 2016, midnight
\t \t\tSB 319-FN - AS AMENDED BY THE SENATE
02/04/2016 0211s
02/04/2016 0303s
2016 SESSION
\t16-2734
\t09/01
SENATE BILL\t319-FN
AN ACT\trelative to survivor benefits for families of police officers and firefighters killed in the line of duty.
SPONSORS:\tSen. D'Allesandro, Dist 20; Sen. Fuller Clark, Dist 21; Sen. Hosmer, Dist 7; Sen. Kelly, Dist 10; Sen. Soucy, Dist 18; Sen. Watters, Dist 4; Rep. Danielson, Hills. 7
COMMITTEE:\tExecutive Departments And Administration
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AMENDED ANALYSIS
\tThis bill adds definitions of "adult child" and "dependent child" for purposes of determining survivor benefits for families of police officers and firefighters killed in the line of duty. The bill also increases the time periods for determining whether a death benefit is awarded.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/04/2016 0211s
02/04/2016 0303s\t16-2734
\t09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to survivor benefits for families of police officers and firefighters killed in the line of duty.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Survivor Benefits. Amend RSA 21-I:29-a, I to read as follows:
\t\tI. In this section:
\t\t\t(a) "Adult child" means a child, whether by blood or adoption, of the police officer or firefighter, age 18 or older at the time of death of such police officer or firefighter and who does not meet the definition of a dependent child.
\t\t\t(b) "Dependent child" means a child, whether by blood or adoption, of the police officer or firefighter who:
\t\t\t\t(1) Is under the age of 25 and was dependent on the earnings of the police officer or firefighter at the time of death. For the purposes of this subparagraph, a child is not considered dependent if the child provides more than half of his or her own support, is married, or is legally adopted by another; or
\t\t\t\t(2) Is any age and is physically or mentally incapacitated and was dependent on the earnings of the police officer or firefighter at the time of death.
\t\t\t(c) "Family'' means the surviving spouse of the police officer or firefighter who was wholly or partially dependent, in fact, upon the earnings of the police officer or firefighter; or, if there is no surviving spouse, the surviving dependent child or dependent children, of such police officer or firefighter or, if there is no surviving dependent child, a surviving person qualifying as a common-law spouse pursuant to RSA 457:39, or if there is no surviving common-law spouse, the surviving adult child or adult children, or if there is no surviving adult child or adult children, the surviving parent or parents of such police officer or firefighter. [A surviving dependent child shall include a dependent step-child whose expenses of daily living were substantially paid for by the decedent at the time of the death.]
\t\t\t[(b)] (d) "Firefighter'' means any firefighter, including auxiliary, intermittent, special, part-time, volunteer, call, or reserve firefighters who are employed by a city, town, village district, or precinct within the state of New Hampshire, any firefighter employed by the state of New Hampshire, or any firefighter who is a volunteer for or employed by a non-profit corporation which is the primary provider of fire protection for all or part of a New Hampshire municipality.
\t\t\t[(c)] (e) "Killed in the line of duty'' means a death of a police officer or firefighter while in the performance of his or her duties as a result of incident, accident, or violence causing death or injuries which are the direct or proximate cause of death. "Incident'' shall include any death that is determined to be occupationally related by the worker's compensation insurance carrier, a self-insured worker's compensation plan, or by the labor commissioner for workers' compensation purposes pursuant to RSA 281-A.
\t\t\t[(d)] (f) "Police officer'' means any law enforcement officer with the power of arrest, including auxiliary, intermittent, special, part-time, or reserve police officers, or sheriffs and their deputies who are employed by a city, town, village district, county, or precinct within the state of New Hampshire, police officers employed by the university system of New Hampshire, and any state law enforcement officer employed by the state of New Hampshire who has power of arrest as determined by state law.
\t2 Survivor Benefits. Amend RSA 21-I:29-a, II and the introductory paragraph of 21-I:29-a, III to read as follows:
\t\tII. In addition to any other benefits provided under this chapter, the state treasurer shall pay a $100,000 death benefit to the family of a police officer or firefighter killed in the line of duty. Payment to a dependent child under the age of 18 shall be made to the child's trustee for the benefit of the child. The governor, with the consent of the executive council, is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
\t\tIII. The commissioner of safety, upon notice from the family or chief of department of any firefighter or police officer who may be entitled to a line-of-duty death benefit or upon the commissioner's own initiative, shall obtain the available records related to the circumstances, cause, and manner of such death and the decedent's status as a firefighter or police officer, may cause further inquiry to be made, and shall make a determination of whether the death qualifies as a line-of-duty death and who is entitled to the death benefit. The determination shall be made within [30] 180 days of the determination of the cause and manner of death by the office of the chief medical examiner, or within [30] 180 days from the date the commissioner received notice from the family or chief of department of the firefighter or police officer, whichever is later. For deaths that are not reviewed by the office of the chief medical examiner, the determination shall be made within [30] 180 days of a determination that the decedent qualifies for a workers' compensation death benefit by a worker's compensation carrier, self-insured worker's compensation plan, or the labor commissioner pursuant to RSA 281-A, or within [30] 180 days from the date the commissioner received notice from the family or chief of department of the firefighter or police officer, whichever is later.
\t3 Effective Date. This act shall take effect upon its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2734
\t\t\t\t\t\t\t\t\t\t\tAmended 2/8/16
SB 319-FN- FISCAL NOTE
AN ACT\trelative to survivor benefits for families of police officers and firefighters killed in the line of duty.
FISCAL IMPACT:
The Department of Administrative Services states this bill, as amended by the Senate (Amendments #2016-0211s and #2016-0303s), may increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Department of Administrative Services states this bill adds the definitions of "adult child" and "dependent child" for the purpose of determining survivor benefits for families of police officers and firefighters killed in the line of duty. This bill expands the eligibility criteria from a surviving dependent child or step child whose daily living expenses were substantially paid for by the decedent, to include a child, whether by blood or adoption, under the age of 27 whose daily living expenses were substantially paid for by the deceased and a child, whether by blood or adoption, age 27 or older, at the time of death of the deceased. To the extent qualifying police or firefighters are killed in the line of duty and have children who meet the new eligibility criteria, state expenditures may increase by an indeterminable amount. The Department of Administrative Services states it anticipates this bill will not impact the operational costs of administering the survivor benefit program.