Trial Engrossment of Amendment A02724 to House Bill 1451 P.N. 1583, Regular Session 2021-2022

A02724

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1451

Session of

2021

INTRODUCED BY WHEELAND, RYAN, GILLESPIE, HAMM, HILL-EVANS,

KAUFFMAN, OBERLANDER, ORTITAY, M. MACKENZIE, SCHWEYER,

SNYDER, ZIMMERMAN, GILLEN AND STRUZZI, MAY 21, 2021

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY

PREPAREDNESS, MAY 21, 2021

AN ACT

Amending the act of June 24, 1976 (P.L.424, No.101), entitled

"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," further providing for title of

act; and adding provisions relating to coroners and public

defenders.

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,

coroners , public defenders or National Guard members who die

as a result of the performance of their duties.

Section 2. Section 1(a), (a.1) and (d) of the act are

amended and the section is amended by adding a subsection

subsections to read:

Section 1. (a) In the event a law enforcement officer,

coroner, public defender , 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 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, coroner, public defender ,

certified hazardous material response team member, member of the

Pennsylvania Civil Air 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

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this act.

* * *

(d) Upon receipt of such certification, the Commonwealth

shall, from moneys payable out of the General Fund, pay to the

surviving spouse or, if there is no surviving spouse, to the

minor children of the paid firefighter, ambulance service or

rescue squad member [or], law enforcement officer or coroner ,

coroner or public defender who died as a result of the

performance of his duty the sum of $100,000, adjusted in

accordance with subsection (f) of this section and an amount

equal to the monthly salary, adjusted in accordance with

subsection (f) of this section, of the deceased paid

firefighter, ambulance service or rescue squad member [or], law

enforcement officer or coroner , coroner or public defender , less

any workers' compensation or pension or retirement benefits paid

to such survivors, and shall continue such monthly payments

until there is no eligible beneficiary to receive them. For the

purpose of this subsection, the term "eligible beneficiary"

means the surviving spouse or the child or children under the

age of eighteen years or, if attending college, under the age of

twenty-three years, of the firefighter, ambulance service or

rescue squad member [or], law enforcement officer or coroner ,

coroner or public defender who died as a result of the

performance of his duty. When no spouse or minor children

survive, a single sum of $100,000, adjusted in accordance with

subsection (f) of this section, shall be paid to the parent or

parents of such firefighter, ambulance service member, rescue

squad member [or], law enforcement officer or coroner , coroner

or public defender.

* * *

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(g.1) A coroner shall be deemed to be acting in the

performance of his duties for the purposes of this act when

acting in accordance with Article XII-B of the act of August 9,

1955 (P.L.323, No.130), known as The County Code.

(g.2) A public defender shall be deemed to be acting in the

performance of his duties for the purposes of this act when

acting in accordance with the act of December 2, 1968 (P.L.1144,

No.358), known as the Public Defender Act.

Section 3. Sections 2 and 2.1 of the act are amended 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:

"Certified hazardous material response team member" means a

person who is part of a group of individuals who are certified

and organized by a Commonwealth agency, a local agency or a

regional hazardous material organization for the primary purpose

of providing emergency response services which is dispatched by

a public safety answering point to mitigate actual or potential

immediate threats to public health and the environment in

response to the release or threat of a release of a hazardous

material, which is certified, trained and equipped in accordance

with the act of December 7, 1990 (P.L.639, No.165), known as the

Hazardous Material Emergency Planning and Response Act.

Hazardous material response team members who are dispatched by a

public safety answering point may also be certified to perform

stabilization actions needed to remove threats to public health

and the environment from hazardous material releases. A member

of a for-profit hazardous material response team that was not

dispatched by a public safety answering point, is acting as an

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agent on behalf of the spiller or responsible party or is

responsible for post-emergency or nonemergency response

hazardous materials/hazardous waste clean-up activities is not

eligible for compensation that is provided for under this act.

"Coroner" means an elected or appointed coroner or an elected

or appointed medical examiner.

"Department" means the Department of General Services of the

Commonwealth.

"Firefighter, ambulance service or rescue squad member or law

enforcement officer" means a firefighter; a member of a

volunteer fire company; a member of an ambulance service or

rescue squad; a peace officer as defined in 18 Pa.C.S. § 501

(relating to definitions); a public servant concerned in

official detention as defined in 18 Pa.C.S. § 5121 (relating to

escape); an officer or employee of a State correctional

institution; guards or employees of county jails and prisons; or

any other law enforcement officer employed by the Commonwealth

or a political subdivision.

"Public defender" means a public defender or an assistant

public defender.

"Public safety answering point" means the Pennsylvania

Emergency Management Agency-approved first point at which calls

for emergency assistance from individuals are answered, operated

24 hours a day.

Section 2.1. This act shall be broadly construed to grant

benefits to firefighters, ambulance service or rescue squad

members, law enforcement officers [or], coroners , public

defenders or National Guard personnel for deaths related to the

performance of their duties.

Section 4. This act shall take effect in 60 days.

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