Text: S05661 Text: S05663 Text: S05600 - S05699 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 2452 as follows:
1 2 #1. Page 17, by inserting after line 7 the
1 3 following:
1 4 "DIVISION
1 5 VOLUNTEER EMERGENCY SERVICES PROVIDERS
1 6 Sec. . Section 80.9, subsection 2, Code
1 7 Supplement 1999, is amended by adding the following
1 8 new paragraph:
1 9 NEW PARAGRAPH. i. To administer section 100B.11
1 10 relating to volunteer emergency services provider
1 11 death benefits.
1 12 Sec. . NEW SECTION. 100B.11 VOLUNTEER
1 13 EMERGENCY SERVICES PROVIDER DEATH BENEFIT –
1 14 ELIGIBILITY.
1 15 1. There is appropriated annually from the general
1 16 fund of the state to the department of revenue and
1 17 finance an amount sufficient to pay death benefit
1 18 claims under this section. The director of revenue
1 19 and finance shall issue warrants for payment of death
1 20 benefit claims approved for payment by the department
1 21 of public safety under subsection 2.
1 22 2. a. If the department of public safety
1 23 determines, upon the receipt of evidence and proof
1 24 from the fire chief or supervising officer, that the
1 25 death of a volunteer emergency services provider was
1 26 the direct and proximate result of a traumatic
1 27 personal injury incurred in the line of duty as a
1 28 volunteer, a line of duty death benefit in an amount
1 29 of one hundred thousand dollars shall be paid in a
1 30 lump sum to the volunteer emergency services
1 31 provider's beneficiary. A line of duty death benefit
1 32 payable under this subsection shall be in addition to
1 33 any other death benefit payable to the volunteer
1 34 emergency services provider.
1 35 b. A line of duty death benefit shall not be
1 36 payable under this subsection if any of the following
1 37 applies:
1 38 (1) The death resulted from stress, strain,
1 39 occupational illness, or a chronic, progressive, or
1 40 congenital illness, including, but not limited to, a
1 41 disease of the heart, lungs, or respiratory system,
1 42 unless a traumatic personal injury was a substantial
1 43 contributing factor to the volunteer emergency
1 44 services provider's death.
1 45 (2) The death was caused by the intentional
1 46 misconduct of the volunteer emergency services
1 47 provider or by such provider's intent to cause the
1 48 provider's own death.
1 49 (3) The volunteer emergency services provider was
1 50 voluntarily intoxicated at the time of death.
2 1 (4) The volunteer emergency services provider was
2 2 performing the provider's duties in a grossly
2 3 negligent manner at the time of death.
2 4 (5) A beneficiary who would otherwise be entitled
2 5 to a benefit under this subsection was, through the
2 6 beneficiary's actions, a substantial contributing
2 7 factor to the volunteer emergency services provider's
2 8 death.
2 9 3. For purposes of this section, "volunteer
2 10 emergency services provider" means a volunteer fire
2 11 fighter as defined in section 85.61 or a volunteer
2 12 emergency medical care provider or volunteer emergency
2 13 rescue technician defined in section 147A.1 who is not
2 14 covered as a volunteer emergency services provider
2 15 under chapter 97A, 97B, or 411.
2 16 Sec. . REPEAL – LEGISLATIVE INTENT.
2 17 1. This division of this Act is repealed July 1,
2 18 2002.
2 19 2. It is the intent of the general assembly that
2 20 the repeal of this division of this Act on July 1,
2 21 2002, will allow consideration of recommendations
2 22 relating to this division of this Act to be received
2 23 by the general assembly from the department of
2 24 management based on the department's study of the
2 25 possible implementation of a system to provide
2 26 retirement benefits and death and survivor benefits to
2 27 volunteer fire fighters and volunteer emergency
2 28 medical service personnel."
2 29
2 30
2 31
2 32 KITTY REHBERG
2 33
2 34
2 35
2 36 JERRY BEHN
2 37
2 38
2 39
2 40 NEAL SCHUERER
2 41
2 42
2 43
2 44 STEVE KING
2 45
2 46
2 47
2 48 RICHARD F. DRAKE
2 49
2 50
3 1
3 2 JACK RIFE
3 3
3 4
3 5
3 6 MERLIN E. BARTZ
3 7 LARRY McKIBBEN
3 8 SF 2452.508 78
3 9 mg/as
Text: S05661 Text: S05663 Text: S05600 - S05699 Text: S Index Bills and Amendments: General Index Bill History: General Index
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