| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; expanding definitions and benefits in the public safety |
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| 3 | 3 | | 1.3 officer death benefit law; providing for retroactive benefit awards; amending |
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| 4 | 4 | | 1.4 Minnesota Statutes 2024, section 299A.41, subdivisions 3, 4. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 299A.41, subdivision 3, is amended to read: |
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| 7 | 7 | | 1.7 Subd. 3.Killed in the line of duty.(a) "Killed in the line of duty" does not include |
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| 8 | 8 | | 1.8deaths from natural causes, except as provided in this subdivision. In the case of a public |
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| 9 | 9 | | 1.9safety officer, killed in the line of duty includes the death of a public safety officer caused |
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| 10 | 10 | | 1.10by accidental means while the public safety officer is acting in the course and scope of |
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| 11 | 11 | | 1.11duties as a public safety officer. Killed in the line of duty also means if a public safety officer |
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| 12 | 12 | | 1.12dies as the direct and proximate result of a heart attack, stroke, or vascular rupture, that |
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| 13 | 13 | | 1.13officer shall be presumed to have died as the direct and proximate result of a personal injury |
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| 14 | 14 | | 1.14sustained in the line of duty if: |
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| 15 | 15 | | 1.15 (1) that officer, while on duty: |
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| 16 | 16 | | 1.16 (i) engaged in a situation, and that engagement involved nonroutine stressful or strenuous |
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| 17 | 17 | | 1.17physical law enforcement, fire suppression, rescue, hazardous material response, emergency |
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| 18 | 18 | | 1.18medical services, prison security, disaster relief, or other emergency response activity; or |
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| 19 | 19 | | 1.19 (ii) participated in a training exercise, and that participation involved nonroutine stressful |
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| 20 | 20 | | 1.20or strenuous physical activity; |
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| 21 | 21 | | 1.21 (2) that officer died as a result of a heart attack, stroke, or vascular rupture suffered: |
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| 22 | 22 | | 1.22 (i) while engaging or participating under clause (1); |
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| 23 | 23 | | 1Section 1. |
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| 24 | 24 | | 25-04909 as introduced03/17/25 REVISOR KLL/DD |
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| 25 | 25 | | SENATE |
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| 26 | 26 | | STATE OF MINNESOTA |
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| 27 | 27 | | S.F. No. 2821NINETY-FOURTH SESSION |
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| 28 | 28 | | (SENATE AUTHORS: HOWE and Seeberger) |
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| 29 | 29 | | OFFICIAL STATUSD-PGDATE |
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| 30 | 30 | | Introduction and first reading03/20/2025 |
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| 31 | 31 | | Referred to Judiciary and Public Safety 2.1 (ii) while still on duty after engaging or participating under clause (1); or |
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| 32 | 32 | | 2.2 (iii) not later than 24 hours after engaging or participating under clause (1); and |
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| 33 | 33 | | 2.3 (3) the presumption is not overcome by competent medical evidence to the contrary. |
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| 34 | 34 | | 2.4 (b) "Killed in the line of duty" also means that the officer died due to suicide: |
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| 35 | 35 | | 2.5 (1) secondary to a diagnosis of posttraumatic stress disorder as described in the most |
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| 36 | 36 | | 2.6recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by |
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| 37 | 37 | | 2.7the American Psychiatric Association; or |
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| 38 | 38 | | 2.8 (2) within 45 days of the end of exposure, while on duty, to a traumatic event. |
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| 39 | 39 | | 2.9 (c) "Killed in the line of duty" also means that the officer died as a result of complications |
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| 40 | 40 | | 2.10caused by exposure sustained in the line of duty to any of the following infectious diseases, |
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| 41 | 41 | | 2.11viruses, or bacteria, if medical records identify the disease, virus, or bacteria as a cause of |
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| 42 | 42 | | 2.12or contributing factor to the death: COVID-19; influenza; hepatitis B; hepatitis C; |
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| 43 | 43 | | 2.13tuberculosis; HIV/AIDS; meningitis; MRSA; whooping cough; or streptococcus pneumoniae. |
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| 44 | 44 | | 2.14 EFFECTIVE DATE; RETROACTIVE APPLICATION.This section is effective |
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| 45 | 45 | | 2.15the day following final enactment and applies retroactively from February 1, 2020. |
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| 46 | 46 | | 2.16 Sec. 2. Minnesota Statutes 2024, section 299A.41, subdivision 4, is amended to read: |
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| 47 | 47 | | 2.17 Subd. 4.Public safety officer."Public safety officer" includes: |
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| 48 | 48 | | 2.18 (1) a peace officer defined in section 626.84, subdivision 1, paragraph (c) or (d); |
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| 49 | 49 | | 2.19 (2) a correction officer employed at a correctional facility and charged with maintaining |
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| 50 | 50 | | 2.20the safety, security, discipline, and custody of inmates at the facility; |
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| 51 | 51 | | 2.21 (3) a corrections staff person working in a public agency and supervising offenders in |
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| 52 | 52 | | 2.22the community as defined in sections 243.05, subdivision 6; 244.19, subdivision 1; and |
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| 53 | 53 | | 2.23401.01, subdivision 2; |
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| 54 | 54 | | 2.24 (4) an individual employed on a full-time or part-time basis by the state or by a fire |
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| 55 | 55 | | 2.25department of a governmental subdivision of the state, who is engaged in any of the following |
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| 56 | 56 | | 2.26duties: |
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| 57 | 57 | | 2.27 (i) firefighting; |
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| 58 | 58 | | 2.28 (ii) emergency motor vehicle operation; |
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| 59 | 59 | | 2.29 (iii) investigation into the cause and origin of fires; |
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| 60 | 60 | | 2.30 (iv) the provision of emergency medical services; or |
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| 61 | 61 | | 2Sec. 2. |
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| 62 | 62 | | 25-04909 as introduced03/17/25 REVISOR KLL/DD 3.1 (v) hazardous material responder; |
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| 63 | 63 | | 3.2 (5) a legally enrolled member of a volunteer fire department or member of an independent |
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| 64 | 64 | | 3.3nonprofit firefighting corporation who is engaged in the hazards of firefighting; |
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| 65 | 65 | | 3.4 (6) a good samaritan while complying with the request or direction of a public safety |
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| 66 | 66 | | 3.5officer to assist the officer; |
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| 67 | 67 | | 3.6 (7) a reserve police officer or a reserve deputy sheriff while acting under the supervision |
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| 68 | 68 | | 3.7and authority of a political subdivision; |
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| 69 | 69 | | 3.8 (8) a driver or attendant with a licensed basic or advanced life-support transportation |
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| 70 | 70 | | 3.9service who is engaged in providing emergency care; |
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| 71 | 71 | | 3.10 (9) a first responder who is certified by the director of the Office of Emergency Medical |
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| 72 | 72 | | 3.11Services to perform basic emergency skills before the arrival of a licensed ambulance service |
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| 73 | 73 | | 3.12and who is a member of an organized service recognized by a local political subdivision to |
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| 74 | 74 | | 3.13respond to medical emergencies to provide initial medical care before the arrival of an |
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| 75 | 75 | | 3.14ambulance; and |
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| 76 | 76 | | 3.15 (10) a person, other than a state trooper, employed by the commissioner of public safety |
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| 77 | 77 | | 3.16and assigned to the State Patrol, whose primary employment duty is either Capitol security |
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| 78 | 78 | | 3.17or the enforcement of commercial motor vehicle laws and regulations. |
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| 79 | 79 | | 3.18 EFFECTIVE DATE; RETROACTIVE APPLICATION.This section is effective |
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| 80 | 80 | | 3.19the day following final enactment and applies retroactively from February 1, 2020. |
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| 81 | 81 | | 3.20 Sec. 3. PROCESS FOR RETROACTIVE CLAIMS. |
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| 82 | 82 | | 3.21 (a) Notwithstanding Minnesota Statutes, section 299A.47, claims for benefits arising |
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| 83 | 83 | | 3.22out of deaths occurring before July 1, 2025, where eligibility is due to the retroactive changes |
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| 84 | 84 | | 3.23made in this act are timely if filed by July 1, 2027. Claims for benefits arising out of deaths |
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| 85 | 85 | | 3.24that occur on or after July 1, 2027, are subject to the limitation period described in Minnesota |
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| 86 | 86 | | 3.25Statutes, section 299A.47. |
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| 87 | 87 | | 3.26 (b) Notwithstanding Minnesota Statutes, section 299A.47, the commissioner of public |
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| 88 | 88 | | 3.27safety shall review previously denied benefit claims for deaths occurring between February |
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| 89 | 89 | | 3.281, 2020, and the effective date of this act, determine whether the applicant is eligible for |
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| 90 | 90 | | 3.29benefits based on the retroactive application of the amendments made in this act, and award |
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| 91 | 91 | | 3.30applicable benefits as necessary. |
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| 92 | 92 | | 3Sec. 3. |
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| 93 | 93 | | 25-04909 as introduced03/17/25 REVISOR KLL/DD |
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