HB95 Alabama 2012 Session

Under existing law, a policeman employed by a municipality, except in Jefferson County or a municipality which has elected to be covered by workers' compensation, and a state trooper or other law enforcement officer employed by the Department of Public Safety, Alcoholic Beverage Control Board, or the Department of Conservation and Natural Resources is entitled to death and disability benefits for a service connected occupational disease based on a condition or impairment caused by hypertension, heart disease, or respiratory disease

This bill would provide that the provisions of this law would apply to any law enforcement officer with the power of arrest employed by the state or any municipality or county, except a law enforcement officer of a municipality or county who receives workers' compensation benefits, and would expand the definition of occupational disease to include cancer, HIV, and hepatitis under certain conditions

Amendment 621 of the Constitution of Alabama of 1901 prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of Amendment 621. If this bill is not enacted by a 2/3 vote, it will not become effective with regard to a local entity unless approved by the local entity or until, and only as long as, the Legislature appropriates funds or provides for a local source of revenue

To amend Sections 36-30-20, 36-30-21, 36-30-22, and 36-30-23, Code of Alabama 1975, relating to the eligibility for death or disability benefits of certain municipal policemen and state law enforcement officers; to further provide for the definition of law enforcement officer to include any law enforcement officer in this state and to further define occupational disease; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901.