PRINTER'S NO. 2593
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1870
Session of
2017
INTRODUCED BY BOYLE, DEAN, MURT, THOMAS, KINSEY, ROZZI,
SCHWEYER, WATSON, McNEILL, DONATUCCI, DRISCOLL AND VAZQUEZ,
OCTOBER 17, 2017
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, OCTOBER 17, 2017
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," amending the
title of the act; further providing for authority for
payment; adding a definition of "natural gas responder"; and
further providing for construction of act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of June 24, 1976 (P.L.424,
No.101), referred to as the Emergency and Law Enforcement
Personnel Death Benefits Act, is amended to read:
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 or natural gas responders who
die as a result of the performance of their duties.
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Section 2. Section 1(a) and (e) of the act, amended October
26, 2016 (P.L.886, No.110), are amended and the section is
amended by adding a subsection 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 or
natural gas responder dies as a result of the performance of his
duties, an application, including a certification of death,
shall be made to the department within 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.
(8) In the case of a natural gas responder, the employer or
authorized survivor.
* * *
(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,
natural gas responder, certified hazardous material response
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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, natural gas responder, 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, natural gas responder 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.
* * *
(h) A natural gas responder shall be deemed to be acting in
the performance of his duties for the purposes of this act when:
(1) The natural gas responder was requested by his
employer to respond to a natural gas release or safety event.
(2) The natural gas responder dies as a direct result of
an injury caused by the natural gas release or safety event.
Section 3. Section 2 of the act is amended by adding a
definition to read:
Section 2. The following words and phrases when used in this
act shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
* * *
"Natural gas responder" means an employee of a city natural
gas distribution operation as defined in 66 Pa.C.S. ยง 102
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(relating to definitions) who responds to actual or potential
natural gas releases or safety events that pose threats to lives
or property.
* * *
Section 4. Section 2.1 of the act is amended to read:
Section 2.1. This act shall be broadly construed to grant
benefits to firefighters, ambulance service or rescue squad
members, law enforcement officers [or], National Guard personnel
or natural gas responders for deaths related to the performance
of their duties.
Section 5. A death certificate of an eligible natural gas
responder who died as a result of the performance of his duties
on or after December 31, 2012, but prior to the effective date
of this section, shall be deemed timely filed in accordance with
section 1(a) of the act if it is submitted within 90 days of the
effective date of this section.
Section 6. This act shall take effect immediately.
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