An act relating to the benefits of emergency service personnel. Be it enacted by the General Assembly of the Commonwealth of Kentucky




Yüklə 34.91 Kb.
tarix11.04.2016
ölçüsü34.91 Kb.

UNOFFICIAL COPY AS OF 04/11/16 02 REG. SESS. 02 RS BR 153

AN ACT relating to the benefits of emergency service personnel.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Section 1. KRS 61.315 is amended to read as follows:

(1) As used in this section, "police officer" means every paid police officer, sheriff, or deputy sheriff, corrections employee with the power of a peace officer pursuant to KRS 196.037, any auxiliary police officer appointed pursuant to KRS 95.445, or any citation or safety officer appointed pursuant to KRS 83A.087 and 83A.088, elected to office, or employed by any county, airport board created pursuant to KRS Chapter 183, city, or by the state; "firefighter" means every paid firefighter or volunteer firefighter who is employed by or volunteers his services to the state, airport board created pursuant to KRS Chapter 183, any county, city, fire district, or any other organized fire department recognized, pursuant to KRS 95A.262, as a fire department operated and maintained on a nonprofit basis in the interest of the health and safety of the inhabitants of the Commonwealth. If death benefits are paid under KRS 61.316 to eligible survivors of a volunteer firefighter, then no benefits shall be paid to those survivors under this section.

(2) The spouse of any police officer, sheriff, deputy sheriff, corrections employee with the power of a peace officer pursuant to KRS 196.037, any auxiliary police officer appointed pursuant to KRS 95.445, or any citation or safety officer appointed pursuant to KRS 83A.087 and 83A.088, firefighter, or member of the Kentucky National Guard on state active duty pursuant to KRS 38.030, whose death occurs on or after July 1, 2002[1991], as a direct result of an act in the line of duty shall receive a lump-sum payment of seventy-five thousand dollars ($75,000)[fifty thousand dollars ($50,000)] if there are no surviving children, which sum shall be paid by the State Treasurer from the general expenditure fund of the State Treasury. If there are surviving children and a surviving spouse, the payment shall be apportioned equally among the surviving children and the spouse. If there is no surviving spouse, the payment shall be made to the surviving children, eighteen (18) or more years of age. For surviving children less than eighteen (18) years of age, the State Treasurer shall:

(a) Pay thirty thousand dollars ($30,000)[twenty thousand dollars ($20,000)] to the surviving children; and

(b) Hold forty-five thousand dollars ($45,000)[thirty thousand dollars ($30,000)] in trust divided into equal accounts at appropriate interest rates for each surviving child until the child reaches the age of eighteen (18) years.

If a child dies before reaching the age of eighteen (18) years, his account shall be paid to his estate. If there are no surviving children, the payment shall be made to any parents of the deceased.

(3) The Commission on Fire Protection Personnel Standards and Education shall be authorized to promulgate administrative regulations establishing criteria and procedures applicable to the administration of this section as it pertains to both paid and volunteer firefighters, including, but not limited to, defining when a firefighter has died in line of duty. Administrative hearings promulgated by administrative regulation under authority of this subsection shall be conducted in accordance with KRS Chapter 13B.

(4) The Justice Cabinet may promulgate administrative regulations establishing criteria and procedures applicable to the administration of this section as it pertains to police officers, including, but not limited to, defining when a police officer has died in line of duty. Administrative hearings promulgated by administrative regulation under authority of this subsection shall be conducted in accordance with KRS Chapter 13B.

(5) The Department of Corrections shall promulgate administrative regulations establishing the criteria and procedures applicable to the administration of this section as it pertains to correctional employees, including, but not limited to, defining which employees qualify for coverage and which circumstances constitute death in the line of duty.

(6) The benefits payable under this section shall be in addition to any benefits now or hereafter prescribed under any police, sheriff, firefighter's, or National Guard retirement or benefit fund established by the federal government or by any state, county, or any municipality.

(7) Any funds appropriated for the purpose of paying the death benefits described in subsection (2) of this section shall be allotted to a self-insuring account. These funds shall not be used for the purpose of purchasing insurance.

Section 2. KRS 61.316 is amended to read as follows:

(1) "Volunteer firefighter," as used in this section, means any person who is a member of or employed by a volunteer fire department of any county, city, fire district, or other organized volunteer fire department operated and maintained on a nonprofit basis in the interest of health and safety of the inhabitants of the Commonwealth.

(2) The spouse of any volunteer firefighter whose death occurs on or after July 1, 2002, as a direct result of an act in the line of duty shall receive a lump sum payment of seventy-five thousand dollars ($75,000)[twenty-five thousand dollars ($25,000)], which sum shall be paid by the State Treasurer from the insurance premium surcharge moneys provided in KRS 136.392. If there is no surviving spouse, the payment shall be made to the surviving children. If there are no surviving children, the payment shall be made to any dependent parent of the deceased.

(3) The Commission on Fire Protection Personnel Standards and Education shall be authorized to promulgate and adopt regulations establishing procedures and criteria applicable to the administration of this section including, but not limited to, defining when a firefighter dies in line of duty.

SECTION 3. A NEW SECTION OF KRS CHAPTER 95A IS CREATED TO READ AS FOLLOWS:

(1) If a firefighter as defined in Section 1 of this Act is permanently and totally disabled as defined in KRS 342.0011 as a direct result of activities in the line of duty, then the firefighter shall be entitled to receive a monthly payment to be paid by the Commission on Fire Protection Personnel Standards and Education of:

(a) Two hundred dollars ($200) to help defray the costs of life insurance; and

(b) Two hundred dollars ($200) to help defray the costs of health insurance.

(2) In order to receive the monthly payment, the firefighter must present to the Commission on Fire Protection Personnel Standards and Education:

(a) A written statement from the fire chief of the fire department under whose command the firefighter was at the time of injury stating the fact that the firefighter was on active duty and on assignment with that fire department when the injury occurred; and

(b) A written statement from at least two (2) licensed and practicing physicians stating that the member is totally and likely to be permanently disabled as defined in KRS 342.0011; and

(c) Proof, in a form satisfactory to the commission, that the firefighter has either or both active life and health insurance policies.

(3) (a) If a firefighter, either through a settlement of any kind or through any other source, has life insurance provided at no cost, then the firefighter shall not be eligible to receive the life insurance payment described in subsection (1)(a) of this section. If a firefighter receives partial payment of life insurance, and the portion of the payment that the firefighter is responsible for is less than the amount stated in subsection (1) of this section, then the firefighter shall only receive that portion of the payment to pay for the cost of the insurance.

(b) If a firefighter, either through a settlement of any kind or through any other source, has health insurance provided at no cost, then the firefighter shall not be eligible to receive the health insurance payment described in subsection (1)(b) of this section. If a firefighter receives partial payment of health insurance, and the portion of the payment that the firefighter is responsible for is less than the amount stated in subsection (1) of this section, then the firefighter shall only receive that portion of the payment to pay for the cost of the insurance.

(4) If the firefighter should no longer be considered permanently and totally disabled as defined in KRS 342.0011, or if either or both life and health insurance policies are terminated, then the firefighter shall within thirty (30) days of that determination notify the Commission on Fire Protection Personnel Standards and Education, in writing, of that fact or facts. The commission shall then terminate the appropriate subsequent payments to that firefighter. A firefighter may continue to receive payments for one (1) type of insurance as long as the firefighter is still permanently and totally disabled and the insurance policy is active. If the firefighter fails to notify the commission within thirty (30) days and receives subsequent payments under this section, the firefighter shall be responsible for repaying any payments provided to the firefighter under this section to the commission from the date that the firefighter was no longer considered permanently and totally disabled.

(5) The Commission on Fire Protection Personnel Standards and Education shall promulgate administrative regulations in accordance with the provisions of KRS Chapter 13A establishing procedures and criteria applicable to the administration of this section by December 31, 2002.

(6) Any firefighter convicted of willfully providing false information to receive the benefits in subsection (1) of this section shall be responsible for repaying the total amount paid to the firefighter, plus interest, under the provisions of this section within a time to be determined by the commission. The firefighter shall also be subject to any other applicable penalty of law.

(7) Funds from the Kentucky firefighters disability trust fund as provided in Sections 5 and 6 of this Act shall be used for the purposes of this section. In the event sufficient funds do not exist to cover all the financial obligations of this section, then the payments shall be prorated among the participants evenly.

SECTION 4. A NEW SECTION OF KRS CHAPTER 95A IS CREATED TO READ AS FOLLOWS:

(1) The Commission on Fire Protection Personnel Standards and Education shall create an injury and disability benefit program for paid firefighters and volunteer firefighters who are injured in the line of duty. The program shall be funded by the Kentucky firefighters' disability program trust fund as provided in Sections 5 and 6 of this Act. Eligible firefighters shall receive payments from this program regardless as to whether or not they are receiving benefits from other programs. No offset provisions of any other laws of the Commonwealth shall apply to this program.

(2) The program shall include but not be necessarily limited to the following categories of disability:

(a) Permanent total disability;

(b) Temporary total disability; and

(c) Permanent partial disability.

(3) Payments from the program shall be disbursed relatively according to the severity and type of the injury as well as the permanency of the injury as indicated in subsection (2) of this section. The commission shall create a schedule of injuries and their commensurate rates and duration of compensation for each. The duration of compensation shall be equitable to the duration of recovery from the injury. The schedule shall be modified when necessary. In the event sufficient funds do not exist to cover all the financial obligations of this section, then the payments shall be prorated among the participants evenly and proportionately.

(4) The maximum monetary benefits paid to a firefighter shall not exceed fifty thousand dollars ($50,000).

(5) The commission shall promulgate administrative regulations in accordance with the provisions of KRS Chapter 13A establishing procedures and criteria of participation in the program applicable to the administration of this section by December 31, 2002.

(6) The firefighter may initiate proceedings under the provisions of KRS Chapter 13B if aggrieved by any decision of the commission. In the event the decision of the commission is reversed by the course of a hearing under the provisions of KRS Chapter 13B or by any appeals process allowed by KRS Chapter 13B, the payment of any counsel retained by the firefighter shall not exceed ten percent (10%) of the subsequent award.

SECTION 5. A NEW SECTION OF KRS CHAPTER 154A IS CREATED TO READ AS FOLLOWS:

(1) As used in this section:

(a) "Game" means the Kentucky firefighters' disability trust fund benefit game;

(b) "Trust fund" means the Kentucky firefighters' disability program trust fund created in Section 6 of this Act; and

(c) "Net revenue" means all proceeds received from the sale of game tickets, less prize payouts, reasonable administrative costs, and fees associated with the game as determined by the corporation.

(2) Beginning the first business day of January 2003, the corporation shall establish an instant lottery scratch-off game designated as the Kentucky firefighters' disability trust fund benefit game.

(3) All net revenues received from the sale of game tickets shall initially be deposited with the corporation and then transferred on a monthly basis to the fund.

(4) The corporation shall change the design or theme of the game regularly so that the game remains competitive with the other instant lottery scratch-off games offered by the corporation. Tickets for the game shall clearly state that net revenues from the game are being used for the benefit of firefighters' programs in the Commonwealth of Kentucky.

(5) Net revenues from the game shall be used exclusively for the firefighters' disability programs established under Sections 2, 3, and 4 of this Act administered by the Commission on Fire Protection Personnel Standards and Education.

(6) The corporation shall determine the price of tickets, determine the payout, and make other administrative decisions regarding the game.

SECTION 6. A NEW SECTION OF KRS CHAPTER 95A IS CREATED TO READ AS FOLLOWS:

(1) There is established and created in the State Treasury a fund entitled the "Kentucky firefighters' disability program trust fund" to provide funds for the firefighters' injury and disability program established under Section 4 of this Act and for the supplemental health and life insurance payments established under Section 3 of this Act. The fund may receive state appropriations, gifts, grants, federal funds, and any other funds both public and private in addition to the primary funding source established in Section 5 of this Act. Moneys deposited in the fund shall be disbursed by the State Treasurer upon the warrant of the Commission on Fire Protection Personnel Standards and Education. Any unallocated or unencumbered balances in the fund shall be invested as provided in KRS 42.500(9), and any income earned from the investments along with the unallotted or unencumbered balances in the fund shall not lapse and shall be deemed a trust and agency account and made available solely for the purposes and benefits of the Kentucky firefighters' disability program and the supplemental insurance payments established in Section 3 of this Act.

(2) The fund shall be used to support the costs that the Commission on Fire Protection Personnel Standards and Education incur and deem necessary to carry out the provisions of Sections 2, 3, and 4 of this Act.

Section 7. KRS 154A.130 is amended to read as follows:

(1) All money received by the corporation from the sale of lottery tickets and all other sources shall be deposited into a corporate operating account. The corporation is authorized to use all money in the corporate operating account for the purposes of paying prizes and the necessary expenses of the corporation and dividends to the state. The corporation shall allocate the amount to be paid by the corporation to prize winners. The amount in the corporate operating account which the corporation anticipates will be available for the payment of prizes on an annuity basis may be invested in direct United States Treasury obligations. These instruments may be in varying maturities with respect to payment of annuities and may be in book-entry form. Monthly, no later than the last business day of the succeeding month, the corporation shall transfer to a lottery trust fund the amount of net revenues which the corporation determines are surplus to its needs. These funds shall be held in trust until 1990 at which time the General Assembly shall determine the manner in which the funds will be allocated and appropriated. The net revenues shall be determined by deducting from gross revenues the payment costs incurred in the operation and administration of the lottery, including the expenses of the corporation and the costs resulting from any contract or contracts entered into for promotional, advertising, or operational services or for the purchase or lease of lottery equipment and materials, fixed capital outlays, and the payment of prizes to the holders of winning tickets. After the start-up costs are paid, it is the intent of the Legislature that it shall be the goal of the corporation to transfer each year thirty-five percent (35%) of gross revenues to the general fund for the purposes stated above.

(2) A Kentucky lottery trust account is established in the State Treasury. Net lottery revenues shall be credited to this restricted account as provided in subsection (1) of this section. Moneys credited to the Kentucky lottery trust account shall be invested by the state in accordance with state investment practices and all earnings from the investments shall accrue to this account. No moneys shall be allotted or expended from this account unless pursuant to an appropriation by the General Assembly, except for funds required to be transferred to the Kentucky firefighters' disability program fund under Section 5 of this Act, and except that moneys as are needed shall be transferred to the general fund pursuant to the provisions of the Acts of the Extraordinary Session of the 1988 General Assembly. Moneys in the Kentucky lottery trust account shall not lapse at the close of the state fiscal year.

(3) Beginning in fiscal year 1999-2000, and each fiscal year thereafter, three million dollars ($3,000,000) from net lottery revenues from the sale of lottery tickets shall be credited from the general fund as follows:

(a) To the Collaborative Center for Literacy Development, one million two hundred thousand dollars ($1,200,000) in fiscal year 1999-2000 and each fiscal year thereafter; and

(b) To the early reading incentive fund, one million eight hundred thousand dollars ($1,800,000) in fiscal year 1999-2000 and each fiscal year thereafter.

All lottery revenues collected under Section 5 of this Act shall be distributed under the provisions of Section 5 of this Act, and no portion of those revenues shall be distributed under the provisions of this section.

(4) After the allocation of three million dollars ($3,000,000) to literacy development, as provided in subsection (3) of this section, and except as otherwise provided in Section 5 of this Act, net lottery revenues from the sale of lottery tickets shall be credited from the general fund as follows:

(a) To the Wallace G. Wilkinson Kentucky educational excellence scholarship trust fund established in KRS 164.7877:

1. Seven million dollars ($7,000,000) in fiscal year 1999-2000;

2. Fifteen percent (15%) in fiscal year 2000-2001;

3. Twenty-five percent (25%) in fiscal year 2001-2002;

4. Thirty-two percent (32%) in fiscal year 2002-2003;

5. Forty percent (40%) in fiscal year 2003-2004; and

6. Forty-five percent (45%) in fiscal year 2004-2005 and each fiscal year thereafter; and

(b) To the College Access Program and the Kentucky Tuition Grants Program established in KRS Chapter 164:

1. Fourteen million dollars ($14,000,000) in fiscal year 1998-1999;

2. Fifteen million dollars ($15,000,000) in fiscal year 1999-2000;

3. Thirty-two percent (32%) in fiscal year 2000-2001 through fiscal year 2002-2003;

4. Forty percent (40%) in fiscal year 2003-2004;

5. Forty-five percent (45%) in fiscal year 2004-2005; and

6. Fifty-five percent (55%) of net lottery revenues in fiscal year 2005-2006 and each fiscal year thereafter.

(5) The Auditor of Public Accounts shall be responsible for a financial postaudit of the books and records of the corporation. The postaudit shall be conducted in accordance with generally accepted accounting principles, shall be paid for by the corporation, and shall be completed within ninety (90) days of the close of the corporation's fiscal year. The Auditor of Public Accounts shall contract with an independent, certified public accountant who meets the qualifications existing to do business within the Commonwealth of Kentucky to perform the corporation postaudit. The Auditor of Public Accounts shall remain responsible for the annual postaudit and the corporation shall pay all audit costs. The Auditor of Public Accounts may at any time conduct additional audits, including performance audits, of the corporation as he deems necessary or desirable. Contracts shall be entered into for audit services for a period not to exceed five (5) years and the same firm shall not receive two (2) consecutive audit contracts. All audits shall be filed with the Governor, the President of the Senate, and the Speaker of the House of Representatives. The corporation shall reimburse the Auditor of Public Accounts for the reasonable costs of any audits performed by him. The corporation shall cooperate with the Auditor of Public Accounts by giving employees designated by any of them access to facilities of the corporation for the purpose of efficient compliance with their respective responsibilities. With respect to any reimbursement that the corporation is required to pay to any agency, the corporation shall enter into an agreement with that agency under which the corporation shall pay to the agency an amount reasonably anticipated to cover the reimbursable expenses in advance of the expenses being incurred.

(6) By no later than December 31 of each year, in an advertisement at least one-fourth (1/4) of a page in size, the Kentucky Lottery Corporation shall publish the following information in every general-circulation daily newspaper published in Kentucky:

(a) The statements of revenue, expenses, and changes in retained earnings as shown in the most recent annual audit report. It shall be explained that the transfer of dividends is the amount of lottery earnings transferred to the general fund;

(b) A statement identifying the auditing firm;

(c) A telephone number which citizens may call to obtain a complete copy of the annual audit report; and

(d) The name of the president/chief executive officer of the Kentucky Lottery Corporation and a complete list of board members.

The Kentucky Lottery Corporation shall pay for the cost of the advertisement.

Section 8. KRS 154A.020 is amended to read as follows:

(1) There is hereby created and established a state lottery which shall be administered by an independent, de jure municipal corporation and political subdivision of the Commonwealth of Kentucky which shall be a public body corporate and politic to be known as the Kentucky Lottery Corporation. The corporation shall be deemed a public agency within the meaning of KRS 61.805 and 61.870. This corporation shall be managed in such a manner that enables the people of the Commonwealth to benefit from its profits and to enjoy the best possible lottery games. The General Assembly hereby recognizes that the operations of a lottery are unique activities for state government and that a corporate structure will best enable the lottery to be managed in an entrepreneurial and business-like manner. It is the intent of the General Assembly that government programs and services shall not be mentioned in advertising or promoting a lottery, except as provided in Section 5 of this Act. It is also the intent of the General Assembly that the Kentucky Lottery Corporation shall be accountable to the Governor, the General Assembly and the people of the Commonwealth through a system of audits, reports and thorough financial disclosure as required by this chapter.

(2) The existence of the corporation shall begin only upon confirmation of the members of the board by the Senate as provided in KRS 154A.030. Until the time of such confirmation, no business shall be conducted on behalf of the lottery.

(3) Notwithstanding any other provision of law to the contrary, no official action of any form shall be taken by the board at any time unless a majority of the members of the board shall have been confirmed by the Senate as provided in KRS 154A.030. Any action taken on behalf of the lottery when less than a majority of the members of the board shall have been confirmed shall be of no effect.


Page of

BR015300.100-153




Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə