School resource officers; include in the definition of "law enforcement" for purposes of LEO and Firefighters Death Benefits.

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To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Thompson

HOUSE BILL NO. 467

AN ACT TO AMEND SECTIONS 45-2-1 AND 45-2-21, MISSISSIPPI CODE 1
OF 1972, TO INCLUDE SCHOOL RESOURCE OFFICERS IN THE DEFINITION OF 2
"LAW ENFORCEMENT OFFICER" FOR PURPOSES OF RECEIVING BENEFITS FROM 3
"THE LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS DEATH BENEFITS 4
TRUST FUND" AND "THE LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS 5
DEATH BENEFITS TRUST FUND"; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 45-2-1, Mississippi Code of 1972, is 8
amended as follows: 9
45-2-1. (1) Whenever used in this section, the term: 10
(a) "Covered individual" means a law enforcement 11
officer or firefighter, including volunteer firefighters, as 12
defined in this section when employed by an employer as defined in 13
this section; it does not include employees of independent 14
contractors. 15
(b) "Employer" means a state board, commission, 16
department, division, bureau or agency, or a county, municipality 17
or other political subdivision of the state, which employs, 18
appoints or otherwise engages the services of covered individuals. 19
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(c) "Firefighter" means an individual who is trained 20
for the prevention and control of loss of life and property from 21
fire or other emergencies, who is assigned to firefighting 22
activity, and is required to respond to alarms and perform 23
emergency actions at the location of a fire, hazardous materials 24
or other emergency incident. 25
(d) "Law enforcement officer" means any lawfully sworn 26
officer, school resource officer or employee of the state or any 27
political subdivision of the state whose duties require the 28
officer or employee to investigate, pursue, apprehend, arrest, 29
transport or maintain custody of persons who are charged with, 30
suspected of committing, or convicted of a crime, whether the 31
officer is on regular duty on full-time status, an auxiliary or 32
reserve officer, or is serving on a temporary or part-time status. 33
(e) "Cause of death" means any cause of death that 34
would be covered under the Public Safety Officers' Benefits Act of 35
1976, the Hometown Heroes Survivors Benefits Act of 2003, 36
generally codified at 42 USCS Chapter 46, or the Safeguarding 37
America's First Responders Act of 2020. 38
(2) (a) The Department of Public Safety shall make a 39
payment, as provided in this section, in the amount of One Hundred 40
Thousand Dollars ($100,000.00) when a covered individual, while 41
engaged in the performance of the person's official duties, dies 42
or receives accidental or intentional bodily injury that results 43
in the loss of the covered individual's life and such death is the 44
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result of a covered cause of death, provided that the death is not 45
the result of suicide and that the bodily injury is not 46
intentionally self-inflicted. 47
(b) The payment provided for in this subsection shall 48
be made to the beneficiary who was designated in writing by the 49
covered individual, signed by the covered individual and delivered 50
to the employer during the covered individual's lifetime. If no 51
such designation is made, then the payment shall be made to the 52
surviving child or children and spouse in equal portions, and if 53
there is no surviving child or spouse, then to the parent or 54
parents. If a beneficiary is not designated and there is no 55
surviving child, spouse or parent, then the payment shall be made 56
to the covered individual's estate. 57
(c) The payment made in this subsection is in addition 58
to any workers' compensation or pension benefits and is exempt 59
from the claims and demands of creditors of the covered 60
individual. 61
(3) (a) There is established in the State Treasury a 62
special fund to be known as the Law Enforcement Officers and 63
Firefighters Death Benefits Trust Fund. The trust fund shall be 64
funded by an initial appropriation of Two Hundred Thousand Dollars 65
($200,000.00), and shall be comprised of any additional funds made 66
available by the Legislature or by donation, contribution, gift or 67
any other source. 68
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(b) The State Treasurer shall invest the monies of the 69
trust fund in any of the investments authorized for the funds of 70
the Public Employees' Retirement System under Section 25-11-121, 71
and those investments shall be subject to the limitations 72
prescribed by Section 25-11-121. 73
(c) Unexpended amounts remaining in the trust fund at 74
the end of the state fiscal year shall not lapse into the State 75
General Fund, and any income earned on amounts in the trust fund 76
shall be deposited to the credit of the trust fund. However, any 77
unexpended amounts transferred in accordance with Section 2 of 78
Chapter 315, Laws of 2022, and remaining in the trust fund at the 79
end of the state fiscal year shall lapse into the Coronavirus 80
State Fiscal Recovery Fund. 81
(4) The Department of Public Safety shall be responsible for 82
the management of the trust fund and the disbursement of death 83
benefits authorized under this section. The Department of Public 84
Safety shall adopt rules and regulations necessary to implement 85
and standardize the payment of death benefits under this section, 86
to administer the trust fund created by this section and to carry 87
out the purposes of this section. 88
SECTION 2. Section 45-2-21, Mississippi Code of 1972, is 89
amended as follows: 90
45-2-21. (1) Whenever used in this section, the term: 91
(a) "Covered individual" means a law enforcement 92
officer or firefighter, including volunteer firefighters, as 93
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defined in this section while actively engaged in protecting the 94
lives and property of the citizens of this state when employed by 95
an employer as defined in this section; it does not include 96
employees of independent contractors. 97
(b) "Employer" means a state board, commission, 98
department, division, bureau, or agency, or a county, municipality 99
or other political subdivision of the state, which employs, 100
appoints or otherwise engages the services of covered individuals. 101
(c) "Firefighter" means an individual who is trained 102
for the prevention and control of loss of life and property from 103
fire or other emergencies, who is assigned to firefighting 104
activity, and is required to respond to alarms and perform 105
emergency actions at the location of a fire, hazardous materials 106
or other emergency incident. 107
(d) "Law enforcement officer" means any lawfully sworn 108
officer, school resource officer or employee of the state or any 109
political subdivision of the state whose duties require the 110
officer or employee to investigate, pursue, apprehend, arrest, 111
transport or maintain custody of persons who are charged with, 112
suspected of committing, or convicted of a crime. 113
(2) (a) The Attorney General's office shall make a monthly 114
disability benefit payment equal to thirty-four percent (34%) of 115
the covered individual's regular base salary at the time of injury 116
when a covered individual, while engaged in the performance of the 117
individual's official duties, is accidentally or intentionally 118
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injured in the line of duty as a direct result of a single 119
incident. The benefit shall be payable for the period of time the 120
covered individual is physically unable to perform the duties of 121
the covered individual's employment, not to exceed twelve (12) 122
total payments for any one (1) injury. Chronic or repetitive 123
injury is not covered. Benefits made available under this section 124
shall be in addition to any workers' compensation benefits and 125
shall be limited to the difference between the amount of workers' 126
compensation benefits and the amount of the covered individual's 127
regular base salary. Compensation under this section shall not be 128
awarded where a penal violation committed by the covered 129
individual contributed to the disability or the injury was 130
intentionally self-inflicted. 131
(b) Payments made under this subsection are exempt from 132
the claims and demands of creditors of the covered individual. 133
(3) (a) There is established in the State Treasury a 134
special fund to be known as the Law Enforcement Officers and Fire 135
Fighters Disability Benefits Fund. The fund shall be funded by 136
any funds made available by the Legislature or by donation, 137
contribution, gift or any other source. 138
(b) The State Treasurer shall invest the monies of the 139
fund in any of the investments authorized for the funds of the 140
Public Employees' Retirement System under Section 25-11-121, and 141
those investments shall be subject to the limitations prescribed 142
by Section 25-11-121. 143
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(c) Unexpended amounts remaining in the fund at the end 144
of the state fiscal year shall not lapse into the State General 145
Fund, and any income earned on amounts in the fund shall be 146
deposited to the credit of the fund. 147
(4) The Attorney General's office shall be responsible for 148
the management of the fund and the disbursement of disability 149
benefits authorized under this section. The Attorney General 150
shall adopt rules and regulations necessary to implement and 151
standardize the payment of disability benefits under this section, 152
to administer the fund created by this section and to carry out 153
the purposes of this section. The Attorney General's office may 154
expend up to ten percent (10%) of the monies in the fund for the 155
administration and management of the fund and carrying out the 156
purposes of this section. 157
(5) From and after July 1, 2016, the expenses of the Law 158
Enforcement Officers and Fire Fighters Disability Benefits Fund 159
shall be defrayed by appropriation from the State General Fund and 160
all user charges and fees authorized under this section shall be 161
deposited into the State General Fund as authorized by law and as 162
determined by the State Fiscal Officer. 163
(6) From and after July 1, 2016, no state agency shall 164
charge another state agency a fee, assessment, rent or other 165
charge for services or resources received by authority of this 166
section. 167
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ST: School resource officers; include in the
definition of "law enforcement" for purposes of
LEO and Firefighters Death Benefits.
SECTION 3. This act shall take effect and be in force from 168
and after July 1, 2026. 169