SF 1989

as introduced - 93rd Legislature (2023 - 2024) Posted on 06/07/2023 08:53am

A bill for an act
relating to public safety; expanding eligibility for public safety officer survivor
benefits; appropriating money; amending Minnesota Statutes 2022, section
299A.41, subdivisions 3, 4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 299A.41, subdivision 3, is amended to read:

Subd. 3.

Killed in the line of duty.

new text begin (a) new text end "Killed in the line of duty" does not include
deaths from natural causes, except as provided in this subdivision. In the case of a public
safety officer, killed in the line of duty includes the death of a public safety officer caused
by accidental means while the public safety officer is acting in the course and scope of
duties as a public safety officer.

new text begin (b) new text end 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:

(1) that officer, while on duty:

(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

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

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

(i) while engaging or participating under clause (1);

(ii) while still on duty after engaging or participating under clause (1); or

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

(3) the presumption is not overcome by competent medical evidence to the contrary.

new text begin (c) Killed in the line of duty also means if a public safety officer dies as a result of suicide
when:
new text end

new text begin (1) a licensed mental health provider previously diagnosed the officer with post-traumatic
stress disorder; and
new text end

new text begin (2) the officer's mental health provider determined the post-traumatic stress disorder
resulted from the officer's work as a public safety officer.
new text end

new text begin As used in this paragraph, "public safety officer" includes only the individuals described
in subdivision 4, clauses (1) to (4), (6), (8), and (9).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2017.
new text end

Sec. 2.

Minnesota Statutes 2022, section 299A.41, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Post-traumatic stress disorder. new text end

new text begin "Post-traumatic stress disorder" means the
condition as described in the most recently published edition of the Diagnostic and Statistical
Manual of Mental Disorders by the American Psychiatric Association.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2017.
new text end

Sec. 3.

Minnesota Statutes 2022, section 299A.41, subdivision 4, is amended to read:

Subd. 4.

Public safety officer.

new text begin Except as provided in subdivision 3, paragraph (c),
new text end "public safety officer" includes:

(1) a peace officer defined in section 626.84, subdivision 1, paragraph (c) or (d);

(2) a correction officer employed at a correctional facility and charged with maintaining
the safety, security, discipline, and custody of inmates at the facility;

(3) an individual employed on a full-time basis by the state or by a fire department of a
governmental subdivision of the state, who is engaged in any of the following duties:

(i) firefighting;

(ii) emergency motor vehicle operation;

(iii) investigation into the cause and origin of fires;

(iv) the provision of emergency medical services; or

(v) hazardous material responder;

(4) a legally enrolled member of a volunteer fire department or member of an independent
nonprofit firefighting corporation who is engaged in the hazards of firefighting;

(5) a good samaritan while complying with the request or direction of a public safety
officer to assist the officer;

(6) a reserve police officer or a reserve deputy sheriff while acting under the supervision
and authority of a political subdivision;

(7) a driver or attendant with a licensed basic or advanced life-support transportation
service who is engaged in providing emergency care;

(8) a first responder who is certified by the emergency medical services regulatory board
to perform basic emergency skills before the arrival of a licensed ambulance service and
who is a member of an organized service recognized by a local political subdivision to
respond to medical emergencies to provide initial medical care before the arrival of an
ambulance; and

(9) a person, other than a state trooper, employed by the commissioner of public safety
and assigned to the State Patrol, whose primary employment duty is either Capitol security
or the enforcement of commercial motor vehicle laws and regulations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2017.
new text end

Sec. 4. new text begin EXCEPTION TO TOLLING PERIOD.
new text end

new text begin Notwithstanding Minnesota Statutes, section 299A.47, a claim for benefits may be made
from the public safety officer's death benefit account by or on behalf of a survivor of a
public safety officer who died by suicide between January 1, 2017, and June 30, 2023,
within two years of the effective date of this act if the officer is considered killed in the line
of duty under the changes made in sections 1 to 3.
new text end

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
fund to the commissioner of public safety for costs associated with this act.
new text end