PRINTER'S NO. 1065
No. 915 Session of 2007
INTRODUCED BY PAYNE, BAKER, CAPPELLI, CAUSER, CREIGHTON, EVERETT, FABRIZIO, GEORGE, GINGRICH, GOODMAN, HALUSKA, HARHAI, HERSHEY, HESS, HICKERNELL, HUTCHINSON, JAMES, M. KELLER, KILLION, KIRKLAND, KORTZ, MAJOR, MARKOSEK, R. MILLER, MURT, MYERS, O'NEILL, PICKETT, READSHAW, REICHLEY, SAYLOR, SOLOBAY, WATERS, THOMAS AND FREEMAN, MARCH 22, 2007
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, MARCH 22, 2007
AN ACT 1 Amending the act of June 24, 1976 (P.L.424, No.101), entitled, 2 as amended, "An act providing for the payment of death 3 benefits to the surviving spouse or children or parents of 4 firefighters, ambulance service or rescue squad members, law 5 enforcement officers or National Guard members who die as a 6 result of the performance of their duties," expanding the act 7 to authorize benefits to emergency management personnel. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. The title of the act of June 24, 1976 (P.L.424, 11 No.101), referred to as the Emergency and Law Enforcement 12 Personnel Death Benefits Act, amended October 6, 2005 (P.L.319, 13 No.59) is amended to read: 14 AN ACT 15 Providing for the payment of death benefits to the surviving 16 spouse or children or parents of firefighters, ambulance 17 service [or], rescue squad or emergency management personnel 18 members, law enforcement officers or National Guard members
1 who die as a result of the performance of their duties. 2 Section 2. Sections 1(a), (a.1), (c) and (d) and 2 of the 3 act, amended or added October 6, 2005 (P.L.319, No.59), are 4 amended to read: 5 Section 1. (a) In the event a law enforcement officer, 6 ambulance service [or], rescue squad or emergency management 7 personnel member, firefighter or National Guard member dies as a 8 result of the performance of his duties, such political 9 subdivision or, in the case of National Guard members, the 10 Adjutant General, within 30 days from the date of death, shall 11 submit certification of such death to the Commonwealth. 12 (a.1) A firefighter, ambulance service or rescue squad or 13 emergency management personnel member, law enforcement officer 14 or National Guard member who suffers a fatal heart attack or 15 stroke while on duty or not later than 24 hours after 16 participating in a physical training exercise or responding to 17 an emergency is presumed to have died as a result of the 18 performance of his duties for purposes of this act. 19 * * * 20 (c) A volunteer ambulance service [or], rescue squad or 21 emergency management personnel member shall be deemed to be 22 acting in the performance of his duties for the purposes of this 23 act going to or directly returning from an emergency which the 24 ambulance service [or], rescue squad or organization to which 25 the emergency management personnel member belongs attended 26 including travel from and direct return to an ambulance service 27 [or], rescue squad or emergency management personnel member's 28 home, place of business or other place where he or she shall 29 have been when he or she received the call or alarm or while 30 participating in drills in which the ambulance service [or], 20070H0915B1065 - 2 -
1 rescue squad or emergency management personnel shall have 2 participated or while repairing or doing other work about or on 3 any emergency vehicle or buildings and grounds of the ambulance 4 service [or], rescue squad or organization to which the 5 emergency management personnel belong upon the authorization of 6 the chief of the ambulance service or rescue squad or other 7 person in charge while answering any emergency calls for any 8 purpose or while riding upon any vehicles which are owned or 9 used by the ambulance service [or], rescue squad or 10 organization. 11 (d) Upon receipt of such certification, the Commonwealth 12 shall, from moneys payable out of the General Fund, pay to the 13 political subdivision the sum of $100,000, adjusted in 14 accordance with subsection (f) of this section. Within five days 15 of receipt of said sum from the Commonwealth, the political 16 subdivision shall pay such sum as a benefit to the surviving 17 spouse, or if there is no surviving spouse, to the minor 18 children of the firefighter, ambulance service [or], rescue 19 squad or emergency management personnel member or law 20 enforcement officer who died as a result of the performance of 21 his duty. When no spouse or minor children survive, the benefit 22 shall be paid to the parent or parents of such firefighter, 23 ambulance service [or], rescue squad or emergency management 24 personnel member or law enforcement officer. 25 * * * 26 Section 2. "Firefighter, ambulance service [or], rescue 27 squad or emergency management personnel member or law 28 enforcement officer" means a firefighter; a member of a 29 volunteer fire company; a member of an ambulance service or 30 rescue squad; any person employed by a municipality as part of 20070H0915B1065 - 3 -
1 its emergency management personnel; a peace officer as defined 2 in 18 Pa.C.S. § 501 (relating to definitions); a public servant 3 concerned in official detention as defined in 18 Pa.C.S. § 5121 4 (relating to escape); an officer or employee of a State 5 correctional institution; guards or employees of county jails 6 and prisons; or any other law enforcement officer of the 7 Commonwealth of Pennsylvania or of any political subdivision 8 thereof. 9 Section 3. Section 2.1 of the act, amended April 2, 2002 10 (P.L.213, No.20), is amended to read: 11 Section 2.1. This act shall be broadly construed to grant 12 benefits to firefighters, ambulance service [or], rescue squad 13 or emergency management personnel members, law enforcement 14 officers or National Guard personnel for deaths related to the 15 performance of their duties. 16 Section 4. This act shall take effect in 60 days. C6L40DMS/20070H0915B1065 - 4 -