Committee Report

January 24, 2024

 

H. 3523

 

Introduced by Reps McCravy, Lawson, Yow, Leber, Bailey, Brittain, Robbins and Sessions

 

S. Printed 01/24/24--H.

Read the first time January 10, 2023

 

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The committee on House Judiciary

To whom was referred a Bill (H. 3523) to amend South Carolina Code of Laws by adding Article 8 to Chapter 11, Title 1 so as to create the "Fallen First Responder Survivor Advocate" position within the, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

WESTON NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

 

State Expenditure

This bill establishes the Fallen First Responder Advocate position within Admin to assist surviving family members of first responders killed in the line of duty. Fallen first responder is defined as a law enforcement officer, firefighter, corrections officer, or emergency medical technician personnel who volunteers for or is employed by the state or its political subdivisions and is killed in the line of duty or injured in the line of duty with death resulting from the injury. The bill requires the Fallen First Responder Survivor Advocate to immediately notify surviving family members of a fallen first responder of the availability of an advocate to advise and assist them regarding issues that arise as a result of the death including mental health counseling, life insurance, health insurance, special death benefits, workers' compensation benefits, educational benefits, social security and other federal benefits, state property tax exemptions, and any other assistance that may be appropriate. The assistance provided by the Advocate will continue as needed for the life of the survivors and will be retroactively applied to current survivors. Further, this bill requires the Advocate to file a report to the General Assembly after one full year as to whether an administrative assistant is needed to fulfill the mandates outlined in this bill.

 

The Advocate must possess a four-year college degree with at least four years of experience in insurance claims, consumer advocacy, benefits, dispute resolution, legal or similar work. According to Admin, this position will be classified as a Client Advocate III with an annual salary and fringe of $94,084. Admin reports that the new position will incur additional recurring annual expenses of $7,799 for IT equipment and support, office supplies, and rent, resulting in total recurring annual expenditures of $101,883. Also, Admin indicates that non-recurring expenses will total $1,850 for computer equipment and setup during the Advocate's first year. In total, this bill will increase expenses for Admin by $103,733 in FY 2024-25 and by $101,833 in each year thereafter. Admin indicates that the agency will request a General Fund appropriation increase to fund the expenses.

 

Additionally, this bill may impact the benefits paid by the state to the families of fallen first responders. Currently, the preretirement incidental death benefit is equal to the annual earnable compensation at the time of death paid by the Preretirement Death Benefit Program under either the PORS or the SCRS as well as an additional lump sum payment of $75,000 or $150,000 if certain criteria are met. These benefits are provided upon the receipt of proof of death. The creation of the Fallen First Responder Advocate and the notification and assistance requirements of the position may increase awareness and usage of the benefits provided by the state to surviving family members. However, the change in total benefits paid, if any, as a result is currently unknown. Therefore, the impact of this bill on the preretirement death benefits paid by the state to the families of fallen first responders is undetermined. For reference, RFA estimates there are approximately 2 law enforcement officers, 3 firefighters, and 2 emergency medical services providers that die in the line of duty each year.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND SOUTH CAROLINA code of laws BY ADDING ARTICLE 8 TO CHAPTER 11, TITLE 1 SO AS TO CREATE THE "FALLEN FIRST RESPONDER SURVIVOR ADVOCATE" POSITION WITHIN THE DEPARTMENT OF ADMINISTRATION AND PROVIDE ITS DUTIES AND RESPONSIBILITIES.

 

Whereas, law enforcement officers, firefighters, correctional officers, and emergency medical service technicians face many dangers in the honorable mission to protect and serve the citizens of and visitors to our State; and

 

Whereas, during the past thirty years, over one hundred of these public servants lost their lives in the line of duty; and

 

Whereas, many of these deceased brave men and women have left family survivors including spouses, children, and other family members, who in their time of grief were often left to fend for themselves with no guidance as to where to turn for help with grief counseling, bureaucratic processes, burdensome paperwork, special benefits, and reluctant cooperation by third parties, all while facing the tragic circumstances of losing loved ones; and

 

Whereas, many of them were faced with identifying and filing documents to obtain medical, insurance, monetary, educational, workers compensation, property tax exemption and other benefits that accrued to them and their children; and

 

Whereas, the members of the General Assembly believe it would be beneficial to the survivors to have one person, filling the role of a statewide advocate, within the Department of Administration charged with assisting them in obtaining appropriate guidance, help and benefits that may accrue from the tragic loss of their fallen heroes.  Now therefore,

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 11, Title 1 of the S.C. Code is amended by adding:

 

Article 8

 

Fallen First Responder Survivor Advocate

 

    Section 1-11-1210. (A) The Fallen First Responder Survivor Advocate position is created within the Department of Administration. The department shall employ only one full-time person who shall issue a report to the General Assembly after one full year as to whether an administrative assistant is needed to fulfill the mandates of this article.

    (B) The Fallen First Responder Survivor Advocate must possess a four-year college degree, with at least four years of experience in insurance claims, consumer advocacy, benefits, dispute resolution, legal or similar work, and shall receive pay commensurate with qualifications and experience.

    (C) As contained in this article:

       (1) "Survivor" means a spouse, child, immediate family member, dependent and other persons, who may be entitled to benefits that may accrue to them as a result of the death of a fallen first responder.

       (2) "Fallen first responder" means a law enforcement officer, firefighter, corrections officer, and emergency medical technician personnel who volunteers for or is employed by, the State of South Carolina or any political subdivision of the State of South Carolina, or who volunteers for and is employed by any combination of these governmental entities, who is killed in the line of duty, or, who is injured in the line of duty and death results from an injury sustained in the line of duty.

    (D) In cases of doubt, the definitions contained in subsection (C) must be construed liberally so as to include all types of first responders who sacrificed their lives for our State and their loved ones.

 

    Section 1-11-1220. The Fallen First Responder Survivor Advocate shall immediately notify survivors of fallen first responders of the availability of an advocate to advise and assist them with regard to any and all issues that arise as a result of the death of their family member to include, but not be limited to:

    (1) mental health counseling;

    (2) life insurance;

    (3)   health insurance;

    (4) special death benefits;

    (5) workers' compensation benefits;

    (6) educational benefits;

    (7) social security and other federal benefits;

    (8) state property tax exemptions; and

    (9) any other assistance the advocate or the survivor identifies.

    Such assistance shall continue, as needed, for the life of the survivors and shall be retroactively applied to current survivors.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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