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HF 2810

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 05/24/2016 03:57pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - 2nd Engrossment

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A bill for an act
 relating to public safety; modifying public safety officer death benefits; adopting
definitions of the hometown heroes act; amending Minnesota Statutes 2014,
sections 299A.41, subdivision 3; 353.01, subdivision 43.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 299A.41, subdivision 3, is amended to read:


Subd. 3.

Killed in the line of duty.

"Killed in the line of duty" does not include
deaths from natural causesnew text begin , except as provided in this subdivisionnew text end . In the case of a deleted text begin peacedeleted text end new text begin
public safetynew text end officer, deleted text begin "deleted text end killed in the line of dutydeleted text begin "deleted text end includes the death of deleted text begin andeleted text end new text begin a public safetynew text end
officer caused by accidental means while the deleted text begin peacedeleted text end new text begin public safetynew text end officer is acting in the
course and scope of duties as a deleted text begin peacedeleted text end new text begin public safetynew text end officer.new text begin Killed in the line of duty also
means if a public safety officer dies as the direct and proximate result of a heart attack,
stroke, or vascular rupture, that officer shall be presumed to have died as the direct and
proximate result of a personal injury sustained in the line of duty if:
new text end

new text begin (1) that officer, while on duty:
 new text end

new text begin (i) engaged in a situation, and that engagement involved nonroutine stressful or
strenuous physical law enforcement, fire suppression, rescue, hazardous material response,
emergency medical services, prison security, disaster relief, or other emergency response
activity; or
 new text end

new text begin (ii) participated in a training exercise, and that participation involved nonroutine
stressful or strenuous physical activity;
 new text end

new text begin (2) that officer died as a result of a heart attack, stroke, or vascular rupture suffered:
 new text end

new text begin (i) while engaging or participating under clause (1);
 new text end

new text begin (ii) while still on duty after engaging or participating under clause (1); or
new text end

new text begin (iii) not later than 24 hours after engaging or participating under clause (1); and
new text end

new text begin (3) the presumption is not overcome by competent medical evidence to the contrary.
 new text end

Sec. 2.

Minnesota Statutes 2014, section 353.01, subdivision 43, is amended to read:


Subd. 43.

Line of duty death.

"Line of duty death" meansnew text begin :
new text end

new text begin (1)new text end a death that occurs while performing or as a direct result of performing normal or
less frequent duties which are specific to protecting the property and personal safety of
others and that present inherent dangers that are specific to the positions covered by the
public employees police and fire plandeleted text begin .deleted text end new text begin ; or
new text end

new text begin (2) a death determined by the commissioner of public safety to meet the requirements
of section 299A.41, subdivision 3.
 new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final enactment.
 new text end