22mar01...0434h

6/7/01...1457s

6/12/01...1579s

26june01...1758CofC

26june01...1884eba

2001 SESSION

01-0982

05/10

HOUSE BILL 649-FN

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill allows fish and game conservation officers and state police officers, and other state employees who are injured in the line of duty due to a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature, to be compensated for time lost.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22mar01...0434h

6/7/01...1457s

6/12/01...1579s

26june01...1758CofC

26june01...1884eba

01-0982

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

291:1 New Section; Compensation for State Employees Injured in Line of Duty. Amend RSA 21-I by inserting after section 43 the following new section:

21-I:43-a Compensation for State Employees Injured in Line of Duty. Any injury received by any state employee who is injured in the line of duty by a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature that requires the employee to be hospitalized or renders the employee temporarily unable to perform the duties of his or her position shall not be charged against annual leave or sick leave for the time lost due to the injury. During such time, the employee shall remain on the active payroll. The executive head of the employee's agency shall make the determination as to whether an injury is in the line of duty and due to a hostile or overt act, or an act caused by another during the performance of duties which are considered dangerous in nature, and, after approval by the governor and council, the determination shall be final. The compensation provided for in this section shall be in addition to any other compensation or remedy available to the employee.

291:2 Line of Duty Injury; State Police Employees. Amend RSA 106-B:18 to read as follows:

106-B:18 Line of Duty Injury. Any injury, which is due to a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature, received by any state police employee [because of his] while on assignment, patrol, or duty that requires that [he] the employee be hospitalized or to the extent that [he] the employee is unable to perform [his] normal or routine duties shall not be charged against [his] earned sick leave or annual leave, and during such time [his name] the employee shall remain on the payroll. The [director of the division of state police] commissioner of safety shall make the final determination as to whether the injury received is in line of duty and due to a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature, and [his] the commissioner's decision is final, subject to approval of governor and council.

291:3 New Section; Compensation for Injuries in Line of Duty. Amend RSA 206 by inserting after section 26-b the following new section:

206:26-c Compensation for Injuries in Line of Duty. Any injury, which is due to a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature, received by the executive director, any conservation officer, or any deputy conservation officer while on assignment, patrol, or official active duty which requires that the officer or executive director be hospitalized, or to the extent that the officer or executive director is unable to perform normal or routine duties, shall not be charged against annual leave or sick leave for the time lost due to the injury. During such time the officer or executive director shall remain on the active payroll. The fish and game commission shall make any determination as to whether an injury is in the line of duty and due to a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature, and, after approval by governor and council, the determination shall be final.

291:4 Effective Date. This act shall take effect July 1, 2001.

(Approved: July 17, 2001)

(Effective Date: July 1, 2001)