Bill Text: PA HB1985 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for the payment of death benefits to members of the Pennsylvania Civil Air Patrol.

Spectrum: Slight Partisan Bill (Republican 39-20)

Status: (Introduced - Dead) 2009-12-16 - Re-committed to APPROPRIATIONS [HB1985 Detail]

Download: Pennsylvania-2009-HB1985-Introduced.html

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PRINTER'S NO. 2673
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1985 Session of2009
INTRODUCED BY FAIRCHILD, PERZEL, ADOLPH, BELFANTI, BEYER, CASORIO, CAUSER, CLYMER, CREIGHTON, EVERETT, FARRY, FLECK, GEIST, GEORGE, GIBBONS, GILLESPIE, GINGRICH, GROVE, GRUCELA, HARHAI, HARHART, HESS, HORNAMAN, HUTCHINSON, KNOWLES, KOTIK, LONGIETTI, MAJOR, MANN, MARSICO, METZGAR, MICOZZIE, MILLER, MILNE, MOUL, MURT, O'NEILL, PETRARCA, PHILLIPS, PYLE, QUINN, RAPP, READSHAW, REICHLEY, ROHRER, SEIP, SIPTROTH, K. SMITH, SOLOBAY, STABACK, STERN, SWANGER, TALLMAN, THOMAS, VEREB, VULAKOVICH, WATSON AND YOUNGBLOOD, SEPTEMBER 17, 2009
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, SEPTEMBER 17, 2009
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," further 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 (d) 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 July
2, 2007 (P.L.68, No.21), 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
result of the performance of his duties, such political
subdivision, Commonwealth agency or, in the case of National
Guard members, the Adjutant General, within 30 days from the
date of death, shall submit certification of such death to the
Commonwealth.
(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
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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(c) A volunteer ambulance service, certified hazardous
material response team, member of the Pennsylvania Civil Air
Patrol or rescue squad member 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, member of
the Pennsylvania Civil Air Patrol or rescue squad attended
including travel from and direct return to an ambulance service,
certified hazardous material response team, member of the
Pennsylvania Civil Air Patrol or rescue squad 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, member of the Pennsylvania Civil Air
Patrol or rescue squad shall have participated or while
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repairing or doing other work about or on any emergency vehicle
or buildings and grounds of the ambulance service, certified
hazardous material response team, member of the Pennsylvania
Civil Air Patrol or rescue squad upon the authorization of the
chief of the ambulance service, certified hazardous material
response team, member of the Pennsylvania Civil Air Patrol or
rescue squad 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, member of the
Pennsylvania Civil Air Patrol or rescue squad.
(d) Upon receipt of such certification, the Commonwealth
shall, from moneys payable out of the General Fund, pay to the
political subdivision the sum of $100,000, adjusted in
accordance with subsection (f) of this section. If the deceased
was a member of a team organized under a Commonwealth agency,
the death benefit shall be paid to the Commonwealth agency
instead of the political subdivision. Within five days of
receipt of said sum from the Commonwealth, the political
subdivision or Commonwealth agency shall pay such sum as a
benefit to the surviving spouse, or if there is no surviving
spouse, to the minor children of the firefighter, ambulance
service member, certified hazardous material response team
member, member of the Pennsylvania Civil Air Patrol, rescue
squad member or law enforcement officer who died as a result of
the performance of his duty. When no spouse or minor children
survive, the benefit shall be paid to the parent or parents of
such firefighter, ambulance service member, certified hazardous
material response team member, member of the Pennsylvania Civil
Air Patrol, rescue squad member or law enforcement officer.
20090HB1985PN2673 - 3 -
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Section 2. This act shall take effect in 60 days.
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