House File 2061

                               HOUSE FILE       
                               BY  LALK, LUKAN, PAULSEN, GREINER,
                                   FREEMAN, HORBACH, CHAMBERS, WISE,
                                   HUSER, CONNORS, WILDERDYKE, HANSON,
                                   KURTENBACH, THOMAS, HUSEMAN, DOLECHECK,
                                   UPMEYER, ALONS, J. R. VAN FOSSEN,
                                   GASKILL, HAHN, DENNIS, HUTTER, DRAKE,
                                   S. OLSON, JONES, J. K. VAN FOSSEN,
                                   RAECKER, ROBERTS, VAN ENGELENHOVEN,
                                   ARNOLD, KRAMER, RAYHONS, SCHICKEL,
                                   TJEPKES, BODDICKER, HEATON, BOGGESS,
                                   SANDS, GRANZOW, KLEMME, BOAL, TYMESON,
                                   STRUYK, WHITAKER, CARROLL, OSTERHAUS,
                                   LYKAM, WHITEAD, MANTERNACH, WATTS,
                                   WENDT, BAUDLER, McCARTHY, and DE BOEF

                                   (COMPANION TO 5393SS BY BRUNKHORST)

    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         

                                      A BILL FOR

  1 An Act concerning eligibility requirements for payment of a
  2    volunteer emergency services provider death benefit resulting
  3    from a heart attack or stroke.
  5 TLSB 5393YH 80
  6 ec/pj/5


  1  1    Section 1.  Section 100B.11, subsection 2, paragraph b,
  1  2 subparagraph (1), Code Supplement 2003, is amended to read as
  1  3 follows:
  1  4    (1)  (a)  The death resulted from stress, strain,
  1  5 occupational illness, or a chronic, progressive, or congenital
  1  6 illness, including, but not limited to, a disease of the
  1  7 heart, lungs, or respiratory system, unless a traumatic
  1  8 personal injury was a substantial contributing factor to the
  1  9 volunteer emergency services provider's death.
  1 10    (b)  However, if the death was the direct and proximate
  1 11 result of a heart attack or stroke, the volunteer emergency
  1 12 services provider shall be presumed to have died as a result
  1 13 of a traumatic personal injury if the provider engaged in a
  1 14 nonroutine stressful or strenuous activity within the scope of
  1 15 the provider's duties and the death resulted while engaging in
  1 16 that activity, while still on duty after engaging in that
  1 17 activity, or not later than twenty=four hours after engaging
  1 18 in that activity, and the presumption is not overcome by
  1 19 competent medical evidence to the contrary.
  1 20                           EXPLANATION
  1 21    This bill concerns eligibility for state payment of a line
  1 22 of duty death benefit to volunteer emergency services
  1 23 providers.  Volunteer emergency services providers include
  1 24 volunteer fire fighters, volunteer emergency medical care
  1 25 providers, volunteer emergency services providers, and reserve
  1 26 peace officers.
  1 27    The bill provides that if the death was the result of a
  1 28 heart attack or stroke, the death will be presumed to have
  1 29 been as a result of a traumatic personal injury and
  1 30 compensable if the provider had engaged in nonroutine
  1 31 stressful or strenuous activity and the death occurred while
  1 32 engaging in that activity, while still on duty after that
  1 33 activity, or within 24 hours after the activity, and the
  1 34 presumption cannot be overcome by medical evidence.
  1 35 LSB 5393YH 80
  2  1 ec/pj/5.1