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