2012 -- H 7670

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LC01554

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO TOWNS AND CITIES - POLICE AND FIRE EMPLOYEES

     Introduced By: Representatives Brien, and Edwards

     Date Introduced: February 16, 2012

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

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

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

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

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police officer of the Rhode Island Airport Corporation or whenever any police officer, fire

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

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any city, town, fire district, or the state of Rhode Island is wholly or partially incapacitated by

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reason of injuries received or sickness contracted in the performance of his or her duties or due to

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their rendering of emergency assistance within the physical boundaries of the state of Rhode

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Island at any occurrence involving the protection or rescue of human life which necessitates that

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they respond in a professional capacity when they would normally be considered by their

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employer to be officially off-duty, the respective city, town, fire district, state of Rhode Island or

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Rhode Island Airport Corporation by which the police officer, fire fighter, crash rescue

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crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall,

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during the period of the incapacity, pay the police officer, fire fighter, crash rescue crewperson,

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fire marshal, chief deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to

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which the police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire

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marshal, or deputy fire marshal, would be entitled had he or she not been incapacitated, and shall

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pay the medical, surgical, dental, optical, or other attendance, or treatment, nurses, and hospital

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

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town, fire district, the state of Rhode Island or Rhode Island Airport Corporation provides the

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

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deputy fire marshal, with insurance coverage for the related treatment, services, or equipment,

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then the city, town, fire district, the state of Rhode Island or Rhode Island Airport Corporation is

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only obligated to pay the difference between the maximum amount allowable under the insurance

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coverage and the actual cost of the treatment, service, or equipment. In addition, the cities, towns,

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fire districts, the state of Rhode Island or Rhode Island Airport Corporation shall pay all similar

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

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recurrence of the injury or illness that dictated his or her disability retirement, subject to the

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provisions of subsection (j) herein.

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

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

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and who: (1) Must have successfully graduated from a recognized police academy; and (2) Has

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maintained all of the qualifications required during any period of employment in law enforcement

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in either a municipal or state department; and (3) Has as their primary function to regularly and

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routinely engage in the delivery of crime prevention services and any executive high sheriff,

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sheriff, deputy sheriff, member of the fugitive task force, or capitol police officer, permanent

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environmental police officer or criminal investigator of the department of environmental

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management, or airport police officer.

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     (c) “Police Officer” shall only be deemed to include dispatchers and administrative or

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clerical staff if the employee satisfies the requirements set forth in sections (b)(1) through (b)(3)

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above, and:

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     (1) The functions are performed on a temporary of limited basis; or

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     (2) As a result of a physical or mental limitation of the member, such dispatcher or

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administrative or clerical position is the only position available.

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

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

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

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department or district in any city or town. The term “fire fighter” shall also mean those

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employees who meet the following criteria:

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     (1) Such employees must have successfully completed all local hiring and state

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requirements for becoming a fire fighter in a state, city, town, fire district, municipal corporation,

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or in a city, town or fire district rescue/emergency medical services organization. Requirements

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may include, but are not necessarily limited to, successful completion of any and all requisite

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trainings, successful completion of any and all physical performance, written and/or

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psychological examinations, and/or graduation from a recognized training academy;

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     (2) Such employees must successfully maintain all of the required qualifications,

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certifications and licenses during any period of employment in a fire fighting or

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rescue/emergency medical service organization as provided for in departmental rules and

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regulations and collective bargaining agreements; and

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     (3) Such employees must be either:

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     (i) Regular and full-time permanent uniformed members of a municipal or state fire

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fighting service, fire district, fire department or municipal corporation whose primary function is

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to regularly and routinely engage in fire fighting/suppression activities, hazardous materials

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mitigation, fire prevention and training; or

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     (ii) A regular and permanent member of a city or town rescue/emergency medical service

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organization or a municipal corporation whose primary function is to regularly and routinely

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engage in the delivery of rescue or emergency medical services as their primary function.

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     (4) The term “fire fighter” shall not include those positions that do not regularly and

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routinely engage in the duties as described above such as fire engine or vehicle mechanics,

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dispatchers, apparatus maintenance personnel, clerical or administrative positions, and any other

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non-firefighter or non-emergency medical personnel positions.

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     (5) The term “fire fighter” shall only be deemed to include dispatchers and administrative

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or clerical staff if the employee satisfies the requirements set forth in sections (d)(1) through

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(d)(3) above and:

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     (i) The functions are performed on a temporary or limited basis pending transition to a

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fire fighter; or

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     (ii) As a result of a physical or mental limitation of the member, such dispatcher or

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administrative or clerical position is the only position available.

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

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

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

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

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

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

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23.

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

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

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

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procedures and dispute resolution for all benefits.

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

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

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

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or rescue of human life.

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

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

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protection or rescue of human life while off-duty, shall first require those covered by this section

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

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

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

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

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emergency involving the protection or rescue of human life.

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

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

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

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are true and correct."

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     (k)(j) Any person receiving injured on-duty benefits pursuant to this section, and subject

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to the jurisdiction of the state retirement board for accidental retirement disability, for an injury

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occurring on or after July 1, 2011, shall be eligible to receive such benefits for a total period of

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eighteen (18) months after the date of the person's injury that resulted in said person's injured on

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duty status, except as provided for in subdivision 45-19-1(j)(2).

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     (1) Within eighteen (18) months of being injured, the person shall apply for an accidental

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disability retirement allowance from the state retirement board. A person who so applies shall

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continue to receive injured on duty payments until the person's application for an accidental

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disability retirement allowance has been allowed or denied, and if denied initially, then upon the

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expiration of the appeal period from such decision to the workers' compensation court pursuant to

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section 45-21.2-9 of the general laws, or, if appealed, then upon a decision from the workers'

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compensation court denying said appeal, whichever is applicable.

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     (2) If a person with injured on duty status fails to apply for an accidental disability

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retirement allowance from the state retirement board within the eighteen (18) month period set

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forth in this subsection, that person's injured on duty payments shall terminate, unless said person

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provides to the applicable municipality a written opinion from a physician that states that it is the

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physician's opinion, to a reasonable degree of medical certainty, that the person will be able to

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return to work within six (6) months. In such event, the injured person may continue to receive

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injured on duty payments for a period, not to exceed six (6) months, after the initial eighteen (18)

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month period expires.

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     SECTION 2. This act shall take effect upon passage.

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LC01554

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - POLICE AND FIRE EMPLOYEES

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     This act would expand the definition of police officer and fire fighter for the purposes of

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salary payments during line of duty illness or injury.

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     This act would take effect upon passage.

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LC01554

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