Revision: Nov. 3, 2017, 12:12 p.m.
HB 1415-FN-A - AS INTRODUCED
2018 SESSION
18-2522
05/10
HOUSE BILL 1415-FN-A
AN ACT establishing a death benefit for a school employee killed in the line of duty.
SPONSORS: Rep. Heath, Hills. 14; Rep. Berch, Ches. 1; Rep. Grenier, Sull. 7; Rep. Myler, Merr. 10; Rep. Cornell, Hills. 18; Sen. Soucy, Dist 18; Sen. Feltes, Dist 15; Sen. D'Allesandro, Dist 20; Sen. Kahn, Dist 10
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill establishes a death benefit for a school employee killed in the line of duty.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2522
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT establishing a death benefit for a school employee killed in the line of duty.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Death Benefit for School Employee Killed in Line of Duty. Amend RSA by inserting after chapter 189 the following new chapter:
CHAPTER 189-A
Death Benefit for School Employee Killed in Line of Duty
189-A:1 Death Benefit for School Employee Killed in Line of Duty.
I. In this section:
(a) “Family” means the surviving spouse of the school employee who was wholly or partially dependent, in fact, upon the earnings of the school employee; or, if there is no surviving spouse, the surviving dependent child or dependent children, of such school employee 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 school employee. 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.
(b) “School employee” means any person, full or part time, who is employed by a public school in the state of New Hampshire.
(c) “Public school” means any public school or public academy approved by the state of New Hampshire pursuant to state laws and regulations, including the university system of New Hampshire and the community college system of New Hampshire.
(d) “Killed in the line of duty” means the death of a school employee while in the performance of his or her duties as a result of violence by another, who purposely causes that death or purposely causes serious bodily injury which is the direct or proximate cause of the death of the school employee.
II. 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 school employee killed in the line of duty. Payment to a dependent child 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.
III. The superintendent of the school administrative unit or the chief executive officer of the chartered public school or public academy where the school employee was killed shall review the records that relate to the circumstances of the employee's death and shall render a determination whether the incident qualifies as a line-of-duty death as defined in subparagraph I(d).
(a) Such determination shall be rendered within 30 days of the incident.
(b) If the superintendent or chief executive officer determines that the death does not qualify as a line of duty death as defined in subparagraph I(d), the family may appeal that determination to the school board of the school where the death occurred. The school board shall determine if, by a preponderance of the evidence, the school employee's death qualifies as a line-of-duty death as defined in subparagraph I(d). Such appeal shall be made within 60 days of the date of notification of the determination. The school board shall hear the appeal within 90 days of receiving notice of an appeal. Upon the request of the family, the appeal hearing shall be exempt from RSA 91-A.
(c) If the death of the school employee is determined to qualify as a line-of-duty death as defined in subparagraph I(d), the superintendent or chief executive officer shall notify the commissioner of the department of education, who shall adopt the superintendent's recommendation and submit a request to the governor for payment of the benefit.
(d) Any records received in order to make the determination if the school employee's death qualifies as a line-of-duty death as defined in subparagraph I(d) shall be exempt from RSA 91-A. Upon the request of the decedent's family, any medical records or other records which otherwise are non-public shall be destroyed following the vote by the governor and executive council on this matter.
IV. Neither the state nor its agencies or employees shall be civilly liable for any improper payment of the line-of-duty death benefit as provided in this section.
2 Effective Date. This act shall take effect January 1, 2019.
18-2522
10/25/17
HB 1415-FN-A- FISCAL NOTE
AS INTRODUCED
AN ACT establishing a death benefit for a school employee killed in the line of duty.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill establishes a $100,000 death benefit for the family of a school employee killed in the line of duty, from state general funds not otherwise appropriated, which may result in an increase to state general fund expenditures in FY 2019 and each year thereafter.
AGENCIES CONTACTED:
None