AGO 1996-089.

• Case Date: January 09, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-089. 1996-089January 9, 1996Colonel Gene Mitchell Director Department of Public Safety P. O. Box 1511 Montgomery, Alabama 36102-1511 Department of Public Safety - State Employee Injury Compensation Program - State Employees - Workmen's Compensation That portion of Section 32-2-10 providing that the Department of Public Safety may provide insurance coverage for its employees who are injured by violence in the performance of their duties was not repealed by Act No. 94-680, and the Department of Public Safety may provide additional insurance coverage for employees injured by violence in addition to that provided pursuant to Act No. 94-680.Dear Colonel Mitchell: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION This department would like an opinion clarifying Code of Alabama 1975, as amended, Section 36-29A-1. Specifically, my question is whether the Department of Public Safety, under Section 36-29A-1, can implement, with approval, an employee compensation program for arresting officers of the Department of Public Safety. FACTS AND ANALYSIS Act No. 94-680 which gave the director of finance the authority to implement a program to provide compensation to employees of the state who suffer personal injury as a result of accidents arising out of and in the course of their state employment, specifically provided in Section 12 that, "all laws and parts of laws in conflict with this Act are hereby repealed." The question here is whether that language repealed Section 32-2-10 of the Code authorizing the Department of Public Safety to provide insurance for its employees for injuries caused by accident or violence while discharging their duties. Section 1 of Act No. 94-680 as codified at Section 36-29A-1 of the Code provides as follows: "The Director of Finance shall have the authority to implement a program to provide compensation for employees of the state and its agencies, departments, boards or commissions who suffer personal injury as a result of accidents arising out of and in the course of their state employment, under such terms and conditions as the Director of Finance shall determine. The said program will be administered by the Division of Risk Management of the Department of Finance, and will take effect on October 1, 1994. (Acts...