H.B. 30
         LINE-OF-DUTY DEATH AND DISABILITY AMENDMENTS

House Committee Amendments

Amendment 1 February 6, 2013 11:38 AM



Representative Ronda Rudd Menlove proposes the following amendments:

1.    Page 3, Lines 83 through 86 :    

             83          (b) "Line-of-duty death" does not include a death that:
             84          (i) occurs during an activity that is required as an act of duty as a public safety service
             85      employee if the activity is not
  a       strenuous        activity       , including an activity that is clerical, administrative, or

             86      of a nonmanual nature;

2.    Page 4, Lines 106 through 109 :    

             106      who performs public safety service under this chapter.
 

(7)    (a)    "Strenuous activity" means engagement involving a difficult, stressful, or vigorous fire suppression, rescue, hazardous material response, emergency medical service, physical law enforcement, prison security, disaster relief, or other emergency response activity.
    (b)    "Strenuous activity" includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorouse physical activity.  

             107          
{   (7)   }        (8)       "System" means the Public Safety Contributory Retirement System created under

             108      this chapter.
             109          
{   (8)   }        (9)       "Years of service credit" means the number of periods, each to consist of 12 full


3.    Page 6, Lines 153 through 156 :    

             153          (b) "Line-of-duty death" does not include a death that:
             154          (i) occurs during an activity that is required as an act of duty as a public safety service
             155      employee if the activity is not
  a       strenuous        activity       , including an activity that is clerical, administrative, or

             156      of a nonmanual nature;

4.    Page 6, Lines 174 through 177 :    

             174      who performs public safety service under this chapter.
 

(7)    (a)    "Strenuous activity" means engagement involving a difficult, stressful, or vigorous fire suppression, rescue, hazardous material response, emergency medical service, physical law enforcement, prison security, disaster relief, or other emergency response activity.
    (b)    "Strenuous activity" includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorouse physical activity.  


             175
         
{   (7)   }        (8)       "System" means the Public Safety Noncontributory Retirement System created

             176      under this chapter.
             177          
{   (8)   }        (9)       "Years of service credit" means the number of periods, each to consist of 12 full


5.    Page 9, Lines 246 through 248 :    

             246          (i) occurs during an activity that is required as an act of duty as a firefighter service
             247      employee if the activity is not
  a       strenuous        activity       , including an activity that is clerical, administrative, or

             248      of a nonmanual nature;

6.    Page 9, Lines 260 through 262 :    

             260      employment per year.
 

(9)    (a)    "Strenuous activity" means engagement involving a difficult, stressful, or vigorous fire suppression, rescue, hazardous material response, emergency medical service, physical law enforcement, prison security, disaster relief, or other emergency response activity.
    (b)    "Strenuous activity" includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorouse physical activity.  

             261          
{   (9)   }        (10)       "System" means the Firefighters' Retirement System created under this chapter.

             262          
{   (10)   }        (11)       (a) "Volunteer firefighter" means any individual that is not regularly employed as


7.    Page 9, Lines 268 through 269 :    

             268          (b) An individual that volunteers assistance but does not meet the requirements of
             269      Subsection
{   (10)   }        (11)       (a) is not a volunteer firefighter for purposes of this chapter.


8.    Page 10, Lines 303 through 305 :    

             303          (A) occurs during an activity that is required as an act of duty as an employee if the
             304      activity is not
  a       strenuous        activity       , including an activity that is clerical, administrative, or of a nonmanual

             305      nature contributes to the employee's death;

9.    Page 11, Line 309 :    

             309          (D) occurs in a manner other than as described in Subsection (1)(b)(i).
 

    (c)    (i)    "Strenuous activity" means engagement involving a difficult, stressful, or vigorous fire suppression, rescue, hazardous material response, emergency medical service, physical law enforcement, prison security, disaster relief, or other emergency response activity.
        (ii)    "Strenuous activity" includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorouse physical activity.  



10.    Page 13, Lines 382 through 384 :    

             382          (i) occurs during an activity that is required as an act of duty as a public safety service
             383      or firefighter service employee if the activity is not
  a       strenuous        activity       , including an activity that is

             384      clerical, administrative, or of a nonmanual nature;

11.    Page 14, Lines 406 through 409 :    

             406      employer who performs public safety service under this chapter.
 

(10)    (a)    "Strenuous activity" means engagement involving a difficult, stressful, or vigorous fire suppression, rescue, hazardous material response, emergency medical service, physical law enforcement, prison security, disaster relief, or other emergency response activity.
    (b)    "Strenuous activity" includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorouse physical activity.  

             407          [(9)]
{   (10)   }        (11)       "System" means the New Public Safety and Firefighter Tier II Contributory

             408      Retirement System created under this chapter.
             409          [(10)]
{   (11)   }        (12)       (a) "Volunteer firefighter" means any individual that is not regularly


12.    Page 14, Lines 415 through 417 :    

             415          (b) An individual that volunteers assistance but does not meet the requirements of
             416      Subsection [(10)]
{   (11)   }        (12)       (a) is not a volunteer firefighter for purposes of this chapter.

             417          [(11)]
{   (12)   }        (13)       "Years of service credit" means:


13.    Page 15, Lines 442 through 444 :    

             442          (c) Each volunteer fire department shall maintain a current roll of all volunteer
             443      firefighters which meet the requirements of Subsection 49-23-102 [(10)]
{   (11)   }        (12)       to determine the

             444      eligibility for this benefit.


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