SF 2743

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/30/2016 08:41am

A bill for an act
relating to public safety; modifying public safety officer death benefits; adding
State Patrol officers who provide security for the Capitol to those defined
as public safety officers; adopting definitions of the hometown heroes act;
amending Minnesota Statutes 2014, sections 299A.41, subdivisions 3, 4; 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 causes new text begin , except as provided in this subdivision new text end . In the case of a deleted text begin peace deleted text end new text begin
public safety new text end officer, deleted text begin " deleted text end killed in the line of duty deleted text begin " deleted text end includes the death of deleted text begin an deleted text end new text begin a public safety new text end
officer caused by accidental means while the deleted text begin peace deleted text end new text begin public safety new text end officer is acting in the
course and scope of duties as a deleted text begin peace deleted text end new text begin public safety new 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 299A.41, subdivision 4, is amended to read:

Subd. 4.

Public safety officer.

"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 new text begin duty new text end is new text begin either Capitol
security or new text end the enforcement of commercial motor vehicle laws and regulations.

Sec. 3.

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

Subd. 43.

Line of duty death.

"Line of duty death" means new 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 plan deleted 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 that meets the
requirements of sections 299A.41 to 299A.46.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1, 2, and 3 are effective the day following final enactment.
new text end