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1 H.695
2 Introduced by Representatives Higley of Lowell, Anthony of Barre City,
3 Arsenault of Williston, Brumsted of Shelburne, Burditt of West
4 Rutland, Campbell of St. Johnsbury, Carpenter of Hyde Park,
5 Christie of Hartford, Clifford of Rutland City, Dolan of Essex
6 Junction, Farlice-Rubio of Barnet, Galfetti of Barre Town,
7 Gregoire of Fairfield, Hango of Berkshire, Harrison of
8 Chittenden, Hooper of Burlington, Howard of Rutland City,
9 Krasnow of South Burlington, Labor of Morgan, LaBounty of
10 Lyndon, Maguire of Rutland City, Masland of Thetford,
11 Morgan of Milton, Morrissey of Bennington, Mrowicki of
12 Putney, Noyes of Wolcott, Oliver of Sheldon, Page of Newport
13 City, Peterson of Clarendon, Roberts of Halifax, Sammis of
14 Castleton, Shaw of Pittsford, Sims of Craftsbury, Smith of
15 Derby, Stone of Burlington, Templeman of Brownington, and
16 Wilson of Lyndon
17 Referred to Committee on
18 Date:
19 Subject: Public safety; law enforcement officers; survivors’ benefits VT LEG #372841 v.1
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1 Statement of purpose of bill as introduced: This bill proposes to provide the
2 same monetary benefit currently available to survivors of firefighters and
3 emergency personnel to survivors of law enforcement officers.
4 An act relating to survivor benefits for law enforcement officers
5 It is hereby enacted by the General Assembly of the State of Vermont:
6 Sec. 1. SHORT TITLE
7 This act may be cited as Jessica’s Law.
8 Sec. 2. 20 V.S.A. chapter 181 is amended to read:
9 CHAPTER 181. BENEFITS FOR THE SURVIVORS OF EMERGENCY
10 PERSONNEL AND LAW ENFORCEMENT OFFICERS
11 § 3171. DEFINITIONS
12 As used in this chapter:
13 (1) “Board” means the Emergency Personnel and Law Enforcement
14 Officers Survivors Benefit Review Board.
15 ***
16 (4) “Line of duty” means:
17 (A) answering or returning from With respect to emergency
18 personnel:
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1 (i) service in answer to a call of the department or service for a
2 fire or emergency or training drill, including going to and returning from a fire
3 or emergency or participating in a fire or emergency training drill; or
4 (B)(ii) similar service in another town or district to which the
5 department or service has been called for firefighting or emergency purposes.
6 (B) With respect to law enforcement officers:
7 (i) service as a law enforcement officer in answer to a complaint
8 lodged with the department or in response to a disorder, including going to,
9 returning from, and investigating or responding to the complaint or disorder; or
10 (ii) service under orders from the department or in any emergency
11 for which the law enforcement officer serves as a law enforcement officer.
12 ***
13 (7) “Survivor” means a spouse, child, or parent of emergency personnel
14 or a law enforcement officer.
15 (8) “Law enforcement officer” means a law enforcement officer who
16 has been certified by the Vermont Criminal Justice Council pursuant to section
17 2358 of this title.
18 § 3172. EMERGENCY PERSONNEL AND LAW ENFORCEMENT
19 OFFICERS SURVIVORS BENEFIT REVIEW BOARD
20 (a)(1) There is created the Emergency Personnel and Law Enforcement
21 Officers Survivors Benefit Review Board, which shall consist of the State VT LEG #372841 v.1
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1 Treasurer or designee, the Attorney General or designee, the Chief Fire Service
2 Training Officer of the Vermont Fire Service Training Council or designee,
3 and the Executive Director of the Vermont Criminal Justice Council or
4 designee, one member of the public to represent the interests of emergency
5 personnel appointed by the Governor for a term of two years, and one member
6 of the public to represent the interests of law enforcement officers appointed
7 by the Governor for a term of two years.
8 (2) Survivors of emergency personnel, employed by or who volunteer
9 for the State of Vermont, a county or municipality of the State, or a nonprofit
10 entity that provides services in the State, the following individuals who die in
11 the line of duty or of an occupation-related illness may request the Board
12 award a monetary benefit under section 3173 of this title.:
13 (A) emergency personnel, employed by or who volunteer for the
14 State of Vermont, a county or municipality of the State, or a nonprofit entity
15 that provides services in the State; and
16 (B) law enforcement officers.
17 (3) The Board shall be responsible for determining whether to award
18 monetary benefits under section 3173 of this title. A decision to award
19 monetary benefits shall be made by unanimous vote of the Board and shall be
20 made within 60 days after the receipt of all information necessary to enable the
21 Board to determine eligibility.
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1 (4) The Board may request any information necessary for the exercise of
2 its duties under this section. Nothing in this section shall prevent the Board
3 from initiating the investigation or determination of a claim before being
4 requested by a survivor or employer of emergency personnel or a law
5 enforcement officer.
6 ***
7 (c) If the Board decides to award a monetary benefit, the benefit shall be
8 paid to the surviving spouse or, if the emergency personnel or law enforcement
9 officer had no spouse at the time of death, to the surviving child, or equally
10 among surviving children. If the deceased emergency personnel or law
11 enforcement officer is not survived by a spouse or child, the benefit shall be
12 paid to a surviving parent, or equally between surviving parents. If the
13 deceased emergency personnel or law enforcement officer is not survived by a
14 spouse, children, or parents, the Board shall not award a monetary benefit
15 under this chapter.
16 ***
17 (f) The Each member of the public appointed by the Governor shall be
18 entitled to per diem compensation authorized under 32 V.S.A. § 1010 for each
19 day spent in the performance of his or her the member’s duties.
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1 § 3173. MONETARY BENEFIT
2 (a) The survivors of emergency personnel or a law enforcement officer who
3 dies while in the line of duty or from an occupation-related illness may apply
4 for a payment of $50,000.00 from the State.
5 ***
6 § 3175. EMERGENCY PERSONNEL AND LAW ENFORCEMENT
7 OFFICERS SURVIVORS BENEFIT SPECIAL FUND
8 (a) The Emergency Personnel and Law Enforcement Officers Survivors
9 Benefit Special Fund is established in the Office of the State Treasurer for the
10 purpose of the payment of claims distributed pursuant to this chapter. The
11 Fund shall comprise appropriations made by the General Assembly and
12 contributions or donations from any other source. All balances in the Fund at
13 the end of the fiscal year shall be carried forward. Interest earned shall remain
14 in the Fund.
15 ***
16 Sec. 3. EFFECTIVE DATE
17 This act shall take effect on July 1, 2024.
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Statutes affected: As Introduced: 20-181