Regular Session 2015-2016 House Bill 0049 P.N. 2546

SENATE AMENDED

PRIOR PRINTER'S NO. 43

PRINTER'S NO. 2546

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

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.

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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 .

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(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.

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Section 2. This act shall take effect in 60 days.

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