Chapter 284

2007 -- H 5078 SUBSTITUTE A

Enacted 07/06/07

A N A C T

RELATING TO TOWNS AND CITIES -- RELIEF OF FIRE FIGHTERS AND POLICE OFFICERS

Introduced By: Representatives Pacheco, Church, Walsh, Ginaitt, and Sullivan

Date Introduced: January 16, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-19-1 of the General Laws in Chapter 45-19 entitled "Relief of

Injured and Deceased Fire Fighters and Police Officers" is hereby amended to read as follows:

45-19-1. Salary payment during line of duty illness or injury. -- (a) Whenever any

police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or

deputy fire marshal of any city, town, fire district, or the state of Rhode Island is wholly or

partially incapacitated by reason of injuries received or sickness contracted in the performance of

his or her duties or due to their rendering of emergency assistance within the physical boundaries

of the state of Rhode Island at any occurrence involving the protection or rescue of human life

which necessitates that they respond in a professional capacity when they would normally be

considered by their employer to be officially off-duty, the respective city, town, or fire district, or

state of Rhode Island by which the police officer, fire fighter, crash rescue crewperson, fire

marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall, during the period of

the incapacity, pay the police officer, fire fighter, crash rescue crewperson, fire marshal, chief

deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to which the police

officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy

fire marshal, would be entitled had he or she not been incapacitated, and shall pay the medical,

surgical, dental, optical, or other attendance, or treatment, nurses, and hospital services,

medicines, crutches, and apparatus for the necessary period, except that if any city, town, fire

district, or the state of Rhode Island provides the police officer, fire fighter, crash rescue

crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, with insurance

coverage for the related treatment, services, or equipment, then the city, town, fire district, or the

state of Rhode Island is only obligated to pay the difference between the maximum amount

allowable under the insurance coverage and the actual cost of the treatment, service, or

equipment. In addition, the cities, towns, fire districts, or the state of Rhode Island shall pay all

similar expenses incurred by a member who has been placed on a disability pension and suffers a

recurrence of the injury or illness that dictated his or her disability retirement.

      (b) As used in this section, "police officer" means and includes any chief or other

member of the police department of any city or town regularly employed at a fixed salary or wage

and any executive high sheriff, sheriff, deputy sheriff, member of the fugitive task force, or

capitol police officer.

      (c) As used in this section, "fire fighter" means and includes any chief or other member

of the fire department or rescue personnel of any city, town, or fire district, and any person

employed as a member of the fire department of the town of North Smithfield, or fire department

or district in any city or town.

      (d) As used in this section, "crash rescue crewperson" means and includes any chief or

other member of the emergency crash rescue section, division of airports, or department of

transportation of the state of Rhode Island regularly employed at a fixed salary or wage.

      (e) As used in this section, "fire marshal," "chief deputy fire marshal", and "deputy fire

marshal" mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals

regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title

23.

      (f) Any person employed by the state of Rhode Island, except for sworn employees of

the Rhode Island State Police, who is otherwise entitled to the benefits of chapter 19 of this title

shall be subject to the provisions of chapters 29 -- 38 of title 28 for all case management

procedures and dispute resolution for all benefits.

(g) In order to receive the benefits provided for under this section, a police officer or

firefighter must prove to their employer that he or she had reasonable grounds to believe that

there was an emergency which required an immediate need for their assistance for the protection

or rescue of human life.

(h) Any claims to the benefits provided for under this section resulting from the rendering

of emergency assistance in the state of Rhode Island at any occurrence involving the protection or

rescue of human life while off-duty, shall first require those covered by this section to submit a

sworn declaration to their employer attesting to the date, time, place and nature of the event

involving the protection or rescue of human life causing the professional assistance to be rendered

and the cause and nature of any injuries sustained in the protection or rescue of human life.

Sworn declarations shall also be required from any available witness to the alleged emergency

involving the protection or rescue of human life.

(i) All declarations required under this section shall contain the following language:

"Under penalty of perjury, I declare and affirm that I have examined this declaration,

including any accompanying schedules and statements, and that all statements contained herein

are true and correct."

     SECTION 2. This act shall take effect upon passage.

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LC00335/SUB A/2

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