May 24, 2007, Introduced by Reps. Nofs, Moore, LaJoy, Rocca, Caswell, Stahl, Stakoe, Hune, Steil, Hansen, Brandenburg, Casperson, Hildenbrand, Green, Hoogendyk, DeRoche, Palmer, Wenke, Rick Jones, Gaffney, Byrum, LeBlanc, Polidori and Sheen and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
A bill to amend 2004 PA 46, entitled
"Public safety officers benefit act,"
by amending the title and section 2 (MCL 28.632) and by adding
section 4a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide compensation and other benefits to
dependents of public safety officers who are killed or who are
permanently and totally disabled in the line of duty; to create the
public safety officers benefit fund; to prescribe the duties and
responsibilities of certain state officers; and to make an
appropriation.
Sec. 2. As used in this act:
(a) "Commission" means the commission on law enforcement
standards created under the commission on law enforcement standards
act, 1965 PA 203, MCL 28.601 to 28.616.
(b) "Dependent" means any individual who was substantially
reliant for support upon the income of the deceased public safety
officer.
(c) "Direct and proximate" means that the antecedent event is
a substantial factor in the result.
(d) "Emergency first responder" means an individual licensed
under section 20950 of the public health code, 1978 PA 368, MCL
333.20950.
(e) (d)
"Firefighter" means a
regularly employed member of a
fire department of a city, county, township, village, state
university, or community college or a member of the department of
natural resources who is employed to fight fires. Firefighter
includes a volunteer member of a fire department.
(f) (e)
"Law enforcement officer"
means an individual involved
in crime and juvenile delinquency control or reduction or
enforcement of the criminal law. Law enforcement officer includes
police, corrections, probation, parole, bailiffs, or other similar
court officers.
(g) (f)
"Line of duty" means
either of the following:
(i) Any action which an officer whose primary function is crime
control or reduction, enforcement of the criminal law, or
suppression of fires is obligated or authorized by rule,
regulations, condition of employment or service, or law to perform,
including those social, ceremonial, or athletic functions to which
the officer is assigned, or for which the officer is compensated,
by the public agency he or she serves. For other officers, line of
duty means any action the officer is so obligated or authorized to
perform in the course or controlling or reducing crime, enforcing
the criminal law, or suppressing fires.
(ii) Any action which an officially recognized or designated
public employee member of a rescue squad or ambulance crew is
obligated or authorized by rule, regulation, condition of
employment or service, or law to perform.
(h) (g)
"Member of a rescue squad or
ambulance crew" means an
officially recognized or designated employee or volunteer member of
a rescue squad or ambulance crew.
(i) (h)
"Permanent and total
disability" means medically
determinable consequences of a catastrophic, line-of-duty injury
that permanently prevent a former public safety officer from
performing any gainful work.
(j) (i)
"Public safety officer"
means any individual serving a
public agency in an official capacity, with or without
compensation, as a law enforcement officer, firefighter, emergency
first responder, rescue squad member, or ambulance crew member.
(k) (j)
"Surviving spouse" means
the husband or wife of the
deceased officer at the time of the officer's death, and includes a
spouse living apart from the officer at the time of the officer's
death for any reason.
Sec. 4a. If an emergency first responder dies in the line of
duty, the state shall provide the surviving spouse and his or her
dependents health insurance comparable to the insurance coverage
the emergency first responder was receiving before his or her
death. Coverage provided under this section shall cease for the
spouse should the spouse qualify for comparable health insurance
from another provider and for a dependent upon his or her
eighteenth birthday.