1.1Senator Duckworth moved to amend
S.F. No. 2673 as follows:
1.2Page 7, line 32, delete "
$2,500,000" and insert "
$2,000,000"
1.3Page 16, line 9, delete "
$2,500,000" and insert "
$2,000,000"
1.4Page 18, after line 31, insert:
1.5"
(v) Public Safety Officers; Benefits
1.6$1,000,000 is for costs associated with the
1.7amendments to Minnesota Statutes, section
1.8299A.41, made in sections 13 to 15."
1.9Page 21, after line 16, insert:
1.10 "Sec. 13. Minnesota Statutes 2020, section 299A.41, subdivision 3, is amended to read:
1.11 Subd. 3.
Killed in the line of duty. (a) "Killed in the line of duty" does not include
1.12deaths from natural causes, except as provided in this subdivision. In the case of
a public
1.13safety officer, killed in the line of duty includes the death of a public safety officer
caused
1.14by accidental means while the public safety officer is acting in the course and scope
of
1.15duties as a public safety officer.
1.16(b) Killed in the line of duty also means if a public safety officer dies as the direct
and
1.17proximate result of a heart attack, stroke, or vascular rupture, that officer shall
be presumed
1.18to have died as the direct and proximate result of a personal injury sustained in
the line of
1.19duty if:
1.20(1) that officer, while on duty:
1.21(i) engaged in a situation, and that engagement involved nonroutine stressful or strenuous
1.22physical law enforcement, fire suppression, rescue, hazardous material response, emergency
1.23medical services, prison security, disaster relief, or other emergency response activity;
or
1.24(ii) participated in a training exercise, and that participation involved nonroutine
stressful
1.25or strenuous physical activity;
1.26(2) that officer died as a result of a heart attack, stroke, or vascular rupture suffered:
1.27(i) while engaging or participating under clause (1);
1.28(ii) while still on duty after engaging or participating under clause (1); or
1.29(iii) not later than 24 hours after engaging or participating under clause (1); and
1.30(3) the presumption is not overcome by competent medical evidence to the contrary.
2.1(c) Killed in the line of duty also means if a public safety officer dies as a result
of suicide
2.2when:
2.3(1) a licensed mental health provider previously diagnosed the officer with post-traumatic
2.4stress disorder; and
2.5(2) the officer's mental health provider determined the post-traumatic stress disorder
2.6resulted from the officer's work as a public safety officer.
2.7As used in this paragraph, "public safety officer" includes only the individuals described
2.8in subdivision 4, clauses (1), (2), (3), (4), (6), (8), and (9).
2.9EFFECTIVE DATE.This section is effective retroactively from January 1, 2017.
2.10 Sec. 14. Minnesota Statutes 2020, section 299A.41, is amended by adding a subdivision
2.11to read:
2.12 Subd. 3a. Post-traumatic stress disorder. "Post-traumatic stress disorder" means the
2.13condition as described in the most recently published edition of the Diagnostic and
Statistical
2.14Manual of Mental Disorders by the American Psychiatric Association.
2.15EFFECTIVE DATE.This section is effective retroactively from January 1, 2017.
2.16 Sec. 15. Minnesota Statutes 2020, section 299A.41, subdivision 4, is amended to read:
2.17 Subd. 4.
Public safety officer. Except as provided in subdivision 3, paragraph (c),
2.18"public safety officer" includes:
2.19(1) a peace officer defined in section
626.84, subdivision 1, paragraph (c) or (d);
2.20(2) a correction officer employed at a correctional facility and charged with maintaining
2.21the safety, security, discipline, and custody of inmates at the facility;
2.22(3) an individual employed on a full-time basis by the state or by a fire department
of a
2.23governmental subdivision of the state, who is engaged in any of the following duties:
2.24(i) firefighting;
2.25(ii) emergency motor vehicle operation;
2.26(iii) investigation into the cause and origin of fires;
2.27(iv) the provision of emergency medical services; or
2.28(v) hazardous material responder;
3.1(4) a legally enrolled member of a volunteer fire department or member of an independent
3.2nonprofit firefighting corporation who is engaged in the hazards of firefighting;
3.3(5) a good samaritan while complying with the request or direction of a public safety
3.4officer to assist the officer;
3.5(6) a reserve police officer or a reserve deputy sheriff while acting under the supervision
3.6and authority of a political subdivision;
3.7(7) a driver or attendant with a licensed basic or advanced life-support transportation
3.8service who is engaged in providing emergency care;
3.9(8) a first responder who is certified by the emergency medical services regulatory
board
3.10to perform basic emergency skills before the arrival of a licensed ambulance service
and
3.11who is a member of an organized service recognized by a local political subdivision
to
3.12respond to medical emergencies to provide initial medical care before the arrival
of an
3.13ambulance; and
3.14(9) a person, other than a state trooper, employed by the commissioner of public safety
3.15and assigned to the State Patrol, whose primary employment duty is either Capitol
security
3.16or the enforcement of commercial motor vehicle laws and regulations.
3.17EFFECTIVE DATE.This section is effective retroactively from January 1, 2017."
3.18Page 28, after line 6, insert:
3.19 "Sec. 23.
EXCEPTION TO TOLLING PERIOD.
3.20Notwithstanding Minnesota Statutes, section 299A.47, a claim for benefits may be made
3.21from the public safety officer's death benefit account by or on behalf of a survivor
of a
3.22public safety officer who died by suicide between January 1, 2017, and June 30, 2022,
3.23within two years of the effective date of this act if the officer is considered killed
in the line
3.24of duty under the changes made in sections 13 to 15."
3.25Renumber the sections in sequence and correct the internal references
3.26Amend the title accordingly
3.27The motion prevailed. #did not prevail. So the amendment was #not adopted.