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SENATE AMENDED
PRIOR PRINTER'S NO. 43
PRINTER'S NO. 2546
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
49
Session of
2015
INTRODUCED BY SAINATO, BARRAR, COHEN, MILLARD, KOTIK, LONGIETTI,
D. COSTA, GABLER, MURT, TALLMAN, BROWNLEE, MATZIE, HARHAI,
DONATUCCI, MAHONEY, KORTZ, DEASY, WATSON, GIBBONS, READSHAW,
GILLEN, FARRY, DAVIS, MOUL AND V. BROWN, JANUARY 21, 2015
SENATOR VULAKOVICH, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
IN SENATE, AS AMENDED, NOVEMBER 18, 2015
AN ACT
Amending the act of June 24, 1976 (P.L.424, No.101), entitled,
as amended, "An act providing for the payment of death
benefits to the surviving spouse or children or parents of
firefighters, ambulance service or rescue squad members, law
enforcement officers or National Guard members who die as a
result of the performance of their duties," providing for the
payment of death benefits to members of the Pennsylvania
Civil Air Patrol.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1(a), (a.1), (c) and (e) of the act of
June 24, 1976 (P.L.424, No.101), referred to as the Emergency
and Law Enforcement Personnel Death Benefits Act, amended
October 9, 2009 (P.L.588, No.51) AND MAY 13, 2015 (P.L.1, NO.1),
are amended to read:
Section 1. (a) In the event a law enforcement officer,
ambulance service or rescue squad member, firefighter, certified
hazardous material response team member, member of the
Pennsylvania Civil Air Patrol or National Guard member dies as a
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result of the performance of his duties, such political
subdivision, Commonwealth agency or, in the case of National
Guard members, the Adjutant General, or, in the case of a member
of a Commonwealth law enforcement agency, the authorized
survivor or the agency head, within [90 days] three years from
the date of death, shall submit certification of such death to
the Commonwealth.
SECTION 1. (A) IN THE EVENT A LAW ENFORCEMENT OFFICER,
AMBULANCE SERVICE OR RESCUE SQUAD MEMBER, FIREFIGHTER, CERTIFIED
HAZARDOUS MATERIAL RESPONSE TEAM MEMBER, MEMBER OF THE
PENNSYLVANIA CIVIL AIR PATROL OR NATIONAL GUARD MEMBER DIES AS A
RESULT OF THE PERFORMANCE OF HIS DUTIES, AN APPLICATION,
INCLUDING A CERTIFICATION OF DEATH, SHALL BE MADE TO THE
DEPARTMENT WITHIN [FOUR] THREE YEARS OF THE DATE OF SUCH DEATH
BY ANY OF THE FOLLOWING:
(1) A POLITICAL SUBDIVISION.
(2) A COMMONWEALTH AGENCY.
(3) IN THE CASE OF NATIONAL GUARD MEMBERS, THE ADJUTANT
GENERAL.
(4) IN THE CASE OF A MEMBER OF A COMMONWEALTH LAW
ENFORCEMENT AGENCY, THE AGENCY HEAD.
(5) IN THE CASE OF A CAMPUS POLICE OFFICER, THE UNIVERSITY
OR COLLEGE PRESIDENT.
(6) ANY SURVIVOR ELIGIBLE FOR PAYMENT OF BENEFITS UNDER THIS
ACT OR INDIVIDUAL AUTHORIZED TO ACT ON THE SURVIVOR'S BEHALF.
(7) IN THE CASE OF THE PENNSYLVANIA CIVIL AIR PATROL, THE
STATE COMMANDER.
(a.1) A firefighter, ambulance service or rescue squad
member, law enforcement officer, certified hazardous material
response team member, member of the Pennsylvania Civil Air
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Patrol or National Guard member who suffers a fatal heart attack
or stroke while on duty or not later than 24 hours after
participating in a physical training exercise or responding to
an emergency is presumed to have died as a result of the
performance of his duties for purposes of this act.
* * *
(c) A volunteer ambulance service, certified hazardous
material response team or rescue squad member or member of the
Pennsylvania Civil Air Patrol shall be deemed to be acting in
the performance of his duties for the purposes of this act going
to or directly returning from an emergency which the ambulance
service, certified hazardous material response team [or], rescue
squad or member of the Pennsylvania Civil Air Patrol attended
including travel from and direct return to an ambulance service,
certified hazardous material response team [or], rescue squad or
Pennsylvania Civil Air Patrol member's home, place of business
or other place where he or she shall have been when he or she
received the call or alarm or while participating in drills in
which the ambulance service, certified hazardous material
response team [or], rescue squad or Pennsylvania Civil Air
Patrol shall have participated or while repairing or doing other
work about or on any emergency vehicle or buildings and grounds
of the ambulance service, certified hazardous material response
team [or], rescue squad or Pennsylvania Civil Air Patrol upon
the authorization of the chief of the ambulance service,
certified hazardous material response team [or], rescue squad or
Pennsylvania Civil Air Patrol or other person in charge while
answering any emergency calls for any purpose or while riding
upon any vehicles which are owned or used by the ambulance
service, certified hazardous material response team [or], rescue
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squad or Pennsylvania Civil Air Patrol .
* * *
(e) The Commonwealth of Pennsylvania shall pay out of the
General Fund to the surviving spouse or, if there is no
surviving spouse, the minor children of a National Guard member,
certified hazardous material response team member, member of the
Pennsylvania Civil Air Patrol, volunteer firefighter, ambulance
service or rescue squad member who died as a result of the
performance of his duties the sum of $100,000, adjusted in
accordance with subsection (f) of this section. When no spouse
or minor children survive, the benefit shall be paid to the
parent or parents of such National Guard member, certified
hazardous material response team member, member of the
Pennsylvania Civil Air Patrol, volunteer firefighter, ambulance
service or rescue squad member. The benefit shall be payable
whether or not the National Guard member or certified hazardous
material response team member, member of the Pennsylvania Civil
Air Patrol, volunteer firefighter, ambulance service or rescue
squad member died as a result of the performance of his duty
within the Commonwealth of Pennsylvania.
* * *
Section 2. This act shall take effect in 60 days.
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