CHAPTER 100B FIRE AND EMERGENCY RESPONSE SERVICES TRAINING AND VOLUNTEER DEATH BENEFITS
100B.1 STATE FIRE SERVICE AND EMERGENCY RESPONSE COUNCIL.
100B.2 DUTIES.
100B.3 TRAINING AGREEMENTS.
100B.4 FEES -- RETENTION -- USE.
100B.5 BUDGET.
100B.6 FIRE SERVICE TRAINING BUREAU.
100B.7 ADMINISTRATOR -- APPOINTMENT -- DUTIES.
100B.8 EMPLOYEES.
100B.9 FACILITIES AND EQUIPMENT.
100B.10 RULES.
100B.11 VOLUNTEER EMERGENCY SERVICES PROVIDER DEATH BENEFIT -- ELIGIBILITY.
100B.12 PAUL RYAN MEMORIAL FIRE FIGHTER SAFETY TRAINING FUND.
100B.13 VOLUNTEER FIRE FIGHTER PREPAREDNESS FUND.
100B.14 VOLUNTEER JOB PROTECTION.
100B.15 THROUGH 100B.20
100B.21 DEFINITIONS.
100B.22 REGIONAL EMERGENCY RESPONSE TRAINING CENTERS.
100B.23 TRAINING CENTER FACILITIES -- ADVANCED TRAINING -- INSPECTIONS.
100B.24 TRAINING PROVIDED.
100B.25 AGREEMENTS FOR TRAINING AND FINANCIAL ASSISTANCE -- AUTHORITY.
100B.26 THROUGH 100B.30
100B.31 VOLUNTEER EMERGENCY SERVICES PROVIDER DEATH BENEFIT -- ELIGIBILITY.



        

100B.1 STATE FIRE SERVICE AND EMERGENCY RESPONSE COUNCIL. 1. The state fire service and emergency response council is established in the division of state fire marshal of the department of public safety. a. The council shall consist of eleven voting members and one ex officio, nonvoting member. Voting members of the state fire service and emergency response council shall be appointed by the governor. (1) The governor shall appoint voting members of the council from a list of nominees submitted by each of the following organizations: (a) Two members from a list submitted by the Iowa firemen's association. (b) Two members from a list submitted by the Iowa fire chiefs' association. (c) One member from a list submitted by the Iowa association of professional fire fighters. (d) Two members from a list submitted by the Iowa association of professional fire chiefs. (e) One member from a list submitted by the Iowa fire fighters group. (f) One member from a list submitted by the Iowa emergency medical services association. (2) A person nominated for inclusion in the voting membership on the council is not required to be a member of the organization that nominates the person. (3) The tenth and eleventh voting members of the council shall be members of the general public appointed by the governor. (4) The labor commissioner, or the labor commissioner's designee, shall be a nonvoting, ex officio member of the council. b. Members of the council shall hold office commencing July 1, 2000, for four years and until their successors are appointed, except that three initial appointees shall be appointed for two years, four initial appointees for three years, and four initial appointees for four years. c. The fire marshal or the fire marshal's designee shall attend each meeting of the council. 2. Each voting member of the council shall receive per diem compensation at the rate as specified in section 7E.6 for each day spent in the performance of the member's duties. All members of the council shall receive actual and necessary expenses incurred in the performance of their duties. 3. Six voting members of the council shall constitute a quorum. For the purpose of conducting business, a majority vote of the council shall be required. The council shall elect a chairperson from its members. The council shall meet at the call of the chairperson, or the state fire marshal, or when any six members of the council file a written request with the chairperson for a meeting. 4. If a voting member of the council is absent for fifty or more percent of council meetings during any twelve-month period, the other council members by their unanimous vote may declare the member's position on the council vacant. A vacancy in the membership of the council shall be filled by appointment of the governor for the balance of the unexpired term.

         Section History: Recent Form

         2000 Acts, ch 1117, §8; 2000 Acts, ch 1232, §23; 2008 Acts, ch
      1031, §93; 2009 Acts, ch 133, §25
        

100B.2 DUTIES. The state fire service and emergency response council shall: 1. Advise and confer with the state fire marshal in matters relating to fire protection services including, but not limited to, training. 2. Cooperate with and assist agencies concerning fire emergency services matters and may, at the request of the state fire marshal or the chairperson of the council, hold public hearings for the purpose of seeking resolution of, or making recommendations on, fire services issues. 3. Develop, in consultation with the state fire marshal, the policies of the fire service training bureau of the division of state fire marshal. 4. Develop and submit to the state fire marshal for adoption rules establishing minimum training standards for fire service training that will be applicable statewide, periodically review these standards, and offer rules as deemed appropriate. 5. Provide recommendations to the state fire marshal that will facilitate the delivery of basic level fire fighter training at the local level. 6. Provide recommendations to the state fire marshal for a fee schedule for training and consultation services as necessary for the administration of this chapter. 7. Prepare annual performance reviews of training administrators for submittal to the state fire marshal. 8. Hear testimony from the labor commissioner, or the labor commissioner's designee, on inspections and investigations involving occupational safety and health standards for fire fighters and conducted by the office of the labor commissioner.

         Section History: Recent Form

         2000 Acts, ch 1117, §9
        

100B.3 TRAINING AGREEMENTS. The state fire marshal shall enter into written agreements with other public agencies that have established regional emergency response training centers under section 100B.22 to provide training in conjunction with training provided by the fire service training bureau. Moneys appropriated shall not be distributed by the department of public safety to a regional training center until such an agreement has been entered into with the regional training center. The state fire marshal may enter into written agreements with other educational institutions to assist in research conducted by the bureau.

         Section History: Recent Form

         2000 Acts, ch 1117, §10; 2006 Acts, ch 1179, §40, 67
        

100B.4 FEES -- RETENTION -- USE. Fees assessed pursuant to this chapter shall be retained by the division of state fire marshal and such repayments received shall be used exclusively to offset the cost of fire service training. Fees charged by regional emergency response training centers for fire service training programs as described in section 100B.6 shall not be greater than the fee schedule established by rule by the state fire marshal. Notwithstanding section 8.33, repayment receipts collected by the division of state fire marshal for the fire service training bureau that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.

         Section History: Recent Form

         2000 Acts, ch 1117, §11; 2006 Acts, ch 1179, §41, 67
        

100B.5 BUDGET. The state fire marshal and the state fire service and emergency response council shall prepare an annual budget for the council and the fire service training bureau. The budget shall be transmitted to the commissioner of public safety for inclusion in that department's budget.

         Section History: Recent Form

         2000 Acts, ch 1117, §12
        

100B.6 FIRE SERVICE TRAINING BUREAU. 1. The state fire service and emergency response council shall assist in operation of a fire service training bureau for instructing the general public and fire protection personnel throughout the state, providing service to public and private fire departments in the state, conducting research in the methods of maintaining and improving fire education consistent with the needs of Iowa communities, and performing any other functions assigned to the bureau by the state fire marshal in consultation with the state fire service and emergency response council. 2. Enrollment and attendance in fire service training bureau programs may include persons engaged with a unit of government or a public or private fire department in the state, including volunteer, trainee, or employed fire fighters. 3. Programs conducted by the fire service training bureau shall include at a minimum instruction in the subjects necessary for the certification of persons in accordance with a nationally recognized fire fighter qualification system as approved by the state fire service and emergency response council. At the direction of the state fire marshal in consultation with the state fire service and emergency response council, the fire service training bureau may develop and conduct programs which extend beyond the programs directly related to such system.

         Section History: Recent Form

         2000 Acts, ch 1117, §13
         Referred to in § 100B.4, 100B.22
        

100B.7 ADMINISTRATOR -- APPOINTMENT -- DUTIES. 1. The administrator of the fire service training bureau shall be appointed by the commissioner of public safety, subject to the approval of the state fire service and emergency response council. 2. The state fire marshal shall direct the administrator to: a. Provide direct oversight to the operations of the fire service training bureau. b. Manage the budget of the fire service training bureau consistent with budgeting methods as may be required by the department of public safety or the state of Iowa. c. Advise, confer, and consult with the state fire service and emergency response council in developing rules establishing minimum standards for fire service training. d. Advise, confer, and consult regularly with the state fire service and emergency response council to seek input and recommendations on all facets of fire service training programs in Iowa. e. Maintain a statewide system to provide basic level fire fighter training at the local level. f. Distribute instructional and educational materials to support the fire training and education programs offered by the department of public safety. g. Recruit and train qualified instructors for the training program. h. Maintain training records as directed by the state fire marshal and necessary to accomplish the purposes of training programs. i. Establish, with the approval of the state fire service and emergency response council, a fee schedule for training services that will ensure quality training at the most reasonable price. j. Offer programs of education and instruction approved by the state fire service and emergency response council and conducted by qualified staff and faculty. k. Plan and coordinate fire schools and other short courses of instruction on a statewide, regional, and local level, utilizing existing educational institutions, programs, and facilities as provided in sections 100B.22 and 100B.24. l. Prepare for the state fire marshal and the state fire service and emergency response council an annual report of activities that include a summary of classes taught, budget, and staff activities. The annual report shall include a report of the activities of each regional emergency response training center established under section 100B.22. m. Provide supervision and management to the fire service training bureau staff consistent with the methods of the department of public safety and as assigned by the state fire marshal. n. Consult with the state fire service and emergency response council in preparing an annual legislative and budgetary agenda that will address items necessary to accomplish the provisions of this chapter, and submit this agenda to the state fire marshal in a format and time frame consistent with departmental policy. o. Develop mechanisms by which fire fighters and others may earn college credits and degrees in fire-related disciplines. p. Develop instructional and educational materials to support the fire training and education programs offered by the council. q. Develop and offer other programs and services consistent with the general purposes of the council.

         Section History: Recent Form

         2000 Acts, ch 1117, §14; 2006 Acts, ch 1179, §42, 67
        

100B.8 EMPLOYEES. Employees of the fire service institute at Iowa state university on July 1, 2000, may elect to transfer to the department of public safety in a position and at a pay range commensurate with their duties as determined by the department of personnel, the department of public safety, and the employees' certified collective bargaining representative.

         Section History: Recent Form

         2000 Acts, ch 1117, §15; 2003 Acts, ch 145, § 286; 2004 Acts, ch
      1086, §31
        

100B.9 FACILITIES AND EQUIPMENT. The building known as the fire service institute at Iowa state university, the land upon which the building is located, and parking space associated with the building shall, until July 1, 2010, be leased by Iowa state university to the department of public safety at a cost not to exceed the actual cost of heating, lighting, and maintaining the building and parking space. All equipment owned by Iowa state university and used exclusively to conduct fire service training, classes, or business shall transfer on July 1, 2000, to the department of public safety unless such transfer is prohibited or restricted by law or agreement. This equipment includes, but is not limited to, breathing apparatus, fire suppression gear, mobile equipment, office furniture, computers, copying machines, library, file cabinets, and training records. The department of public safety and the state board of regents shall enter into a written agreement pursuant to chapter 28E regarding payment of debt obligations incurred by the state board of regents on behalf of the Iowa cooperative extension service for agriculture and home economics for the lease-purchase of a mobile burn unit which is to be used by the department of public safety for fire fighter training. The written agreement shall also provide for storage of any of the equipment covered in this section at a facility owned by Iowa state university for as long as the lease for the building, land, and associated parking is in effect.

         Section History: Recent Form

         2000 Acts, ch 1117, §16; 2003 Acts, ch 174, §16
        

100B.10 RULES. The state fire marshal shall adopt rules under chapter 17A for carrying out the responsibilities of this chapter.

         Section History: Recent Form

         2000 Acts, ch 1117, §17
        

100B.11 VOLUNTEER EMERGENCY SERVICES PROVIDER DEATH BENEFIT -- ELIGIBILITY. Transferred to §100B.31.

100B.12 PAUL RYAN MEMORIAL FIRE FIGHTER SAFETY TRAINING FUND. A Paul Ryan memorial fire fighter safety training fund is created in the state treasury under the control of the department of public safety. The fund shall consist of fees transferred by the treasurer of state from the sale of special fire fighter license plates pursuant to section 321.34, subsection 10. Moneys in the fund shall be used exclusively by the fire service training bureau to offset fire fighter training costs. Notwithstanding section 8.33, moneys in the fund shall not revert to the general fund of the state at the end of the fiscal year, but shall remain available for expenditure by the fire service training bureau for fire fighter training in future fiscal years.

         Section History: Recent Form

         2003 Acts, ch 105, §1
         Referred to in § 321.34
        

100B.13 VOLUNTEER FIRE FIGHTER PREPAREDNESS FUND. 1. A volunteer fire fighter preparedness fund is created as a separate and distinct fund in the state treasury under the control of the division of state fire marshal of the department of public safety. 2. Revenue for the volunteer fire fighter preparedness fund shall include, but is not limited to, the following: a. Moneys credited to the fund pursuant to section 422.12F.{ b. Moneys credited to the fund pursuant to section 422.12G. c. Moneys in the form of a devise, gift, bequest, donation, or federal or other grant intended to be used for the purposes of the fund. 3. Moneys in the volunteer fire fighter preparedness fund are not subject to section 8.33. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund. 4. Moneys in the volunteer fire fighter preparedness fund are appropriated to the division of state fire marshal of the department of public safety to be used annually to pay the costs of providing volunteer fire fighter training around the state and to pay the costs of providing volunteer fire fighting equipment.

         Section History: Recent Form

         2004 Acts, ch 1175, §434; 2005 Acts, ch 35, §25; 2006 Acts, ch
      1182, §58
         Referred to in § 422.12L 

         Footnotes

         {Section 422.12F repealed pursuant to terms of section 422.12E;
      corrective legislation is pending
        

100B.14 VOLUNTEER JOB PROTECTION. 1. This section shall be known as the "Volunteer Emergency Services Providers Job Protection Act". 2. For the purposes of this section, "volunteer emergency services provider" means a volunteer fire fighter as defined in section 85.61, a reserve peace officer as defined in section 80D.1A, an emergency medical care provider as defined in section 147A.1, or other personnel having voluntary emergency service duties and who are not paid full-time by the entity for which the services are performed in the local service area, in a mutual aid agreement area, or in a governor-declared state of disaster emergency area. 3. A public or private employer shall not terminate the employment of an employee for joining a volunteer emergency services unit or organization, including but not limited to any municipal, rural, or subscription fire department. 4. If an employee has provided the employee's public or private employer with written notification that the employee is a volunteer emergency services provider, the employer shall not terminate the employment of a volunteer emergency services provider who, because the employee was fulfilling the employee's duties as a volunteer emergency services provider, is absent from or late to work. 5. An employer may deduct from an employee's regular pay an amount of regular pay for the time that an employee who is a volunteer emergency services provider is absent from work while performing duties as a volunteer emergency services provider. 6. An employer may request that an employee who is a volunteer emergency services provider and who is absent from or late to work while responding to an emergency provide the employer with a written statement from the supervisor or acting supervisor of the volunteer emergency services unit or organization stating that the employee responded to an emergency and stating the date and time of the emergency. 7. An employee who is a volunteer emergency services provider and who may be absent from or late to work while performing duties as a volunteer emergency services provider shall notify the employer as soon as possible that the employee may be absent or late. 8. An employer shall determine whether an employee may leave work to respond to an emergency as part of the employee's volunteer emergency services provider duties. 9. An employee whose employment is terminated in violation of this section may bring a civil action against the employer. The employee may seek reinstatement to the employee's former position, payment of back wages, reinstatement of fringe benefits, and, where seniority rights are granted, reinstatement of seniority rights. If the employee prevails in such an action, the employee shall be entitled to an award of reasonable attorney fees and the costs of the action. An employee must commence such an action within one year after the date of termination of the employee's employment.

         Section History: Recent Form

         2009 Acts, ch 165, §2
        

100B.15 THROUGH 100B.20 Reserved.

100B.21 DEFINITIONS. As used in this subchapter: 1. "Bureau" means the fire service training bureau. 2. "Council" means the state fire service and emergency response council. 3. "Emergency responders" means firefighters, law enforcement officers, emergency medical service personnel, and other personnel having emergency response duties. 4. "Emergency response service" means fire protection service, law enforcement, emergency medical service, hazardous materials containment and disposal, search and rescue operations, evacuation operations, and other related services. 5. "Municipality" means a city, county, township, benefited fire district, or agency authorized by law to provide emergency response services. 6. "Public agency" means a municipality, a community college, or an association representing fire fighters. 7. "Training center" means a regional emergency response training center established under section 100B.22.

         Section History: Recent Form

         2006 Acts, ch 1179, §43, 67
        

100B.22 REGIONAL EMERGENCY RESPONSE TRAINING CENTERS. 1. a. Regional emergency response training centers shall be established to provide training to fire fighters and other emergency responders. The lead public agency for the training centers shall be the following community colleges for the following merged areas: (1) Northeast Iowa community college for merged area I in partnership with the Dubuque county firemen's association and to provide advanced training in agricultural emergency response as such advanced training is funded by the homeland security and emergency management division of the department of public defense. (2) North Iowa area community college for merged area II in partnership with the Mason City fire department. (3) Iowa lakes community college for merged area III and northwest Iowa community college for merged area IV. (4) Iowa central community college for merged area V and to provide advanced training in homeland security as such advanced training is funded by the homeland security and emergency management division of the department of public defense. (5) Hawkeye community college for merged area VII in partnership with the Waterloo regional hazardous materials training center and to provide advanced training in hazardous materials emergency response as such advanced training is funded by the homeland security and emergency management division of the department of public defense. (6) Eastern Iowa community college for merged area IX in partnership with the city of Davenport fire department. (7) Kirkwood community college for merged area X in partnership with the city of Coralville fire department and the Iowa City fire department and to provide advanced training in agricultural terrorism response and mass casualty and fatality response as such advanced training is funded by the homeland security and emergency management division of the department of public defense. (8) Des Moines area community college for merged area XI and Iowa valley community college for merged area VI and to provide advanced training in operations integration in compliance with the national incident management system as such advanced training is funded by the homeland security and emergency management division of the department of public defense. (9) Western Iowa technical community college for merged area XII in partnership with the Sioux City fire department and to provide advanced training in emergency responder communications as such advanced training is funded by the homeland security and emergency management division of the department of public defense. (10) Iowa western community college for merged areas XIII and XIV in partnership with southwestern community college and the Council Bluffs fire department. (11) Southeastern Iowa community college for merged areas XV and XVI in partnership with Indian hills community college and the city of Fort Madison fire department. b. The public agencies named in paragraph "a", shall, in conjunction with the bureau, coordinate fire service training programs as described in section 100B.6 at each training center. 2. a. A lead public agency listed in subsection 1, paragraph "a", shall submit an application to the bureau in order to be eligible to receive a state appropriation for the agency's training center. The bureau shall prescribe the form of the application and, on or before August 15, 2006, shall provide such application to each lead public agency. b. An applicant lead public agency shall indicate on the application the location of the proposed training center. An applicant shall also include on the application the location of any existing facilities required in section 100B.23 and located in the training region. The application shall be accompanied by letters from public agencies and private businesses in the merged area stating an intent to participate in, and provide for financial support for, establishment and activities of the training center. c. By January 10 of each year, the bureau shall submit to the general assembly a list of applications received and the action taken by the bureau on each application. The bureau shall, upon request, provide the applications and supporting documentation submitted by each applicant. 3. a. In selecting a location for a proposed training center, an applicant lead public agency shall consider, and address in the application, all of the following: (1) The availability and proximity of quality classroom space with adequate audio-visual support. (2) The availability and adequate supply from area emergency response service entities of equipment which supports training. (3) A site where limited, safe open burning would not be challenged or prohibited due to environmental issues or community concerns. (4) Proximity to a medical facility. (5) The availability of water mains, roadway, drainage, electrical service, and reasonably flat terrain. (6) Accessibility to area fire departments. b. The application shall include letters of support for the recommended site from emergency response entities in the region. 4. Applications must be submitted to the bureau by September 15, 2006, in order for a training center to be eligible to receive state funds in the fiscal year beginning July 1, 2006, if funds are appropriated to that training center for that fiscal year. The bureau shall review and approve an application and, if approved, distribute funds appropriated for that training center within thirty days of receiving the application from the applicant. State funds that have been appropriated for use by a specified training center shall be distributed to that training center as soon as possible after the bureau approves such training center's application. 5. The application shall list the training facilities to be required in order for a training center to provide training to fire fighters and other emergency responders. If a lead agency or a partner of a lead agency already owns or utilizes a required training facility, that facility shall not be duplicated when constructing the required training facilities listed on the application. 6. The state fire marshal may adopt administrative rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph "b", to administer this section.

         Section Hory: Recent Form

         2006 Acts, ch 1179, §44, 67; 2007 Acts, ch 219, §33; 2008 Acts, ch
      1031, §31, 32, 102
         Referred to in § 100B.3, 100B.7, 100B.21, 100B.23
        

100B.23 TRAINING CENTER FACILITIES -- ADVANCED TRAINING -- INSPECTIONS. 1. Each training center is required to have the facilities listed on the application in section 100B.22. In addition, each training center assigned an area of advanced training as specified in section 100B.22 is required to have facilities to support instruction in its area of advanced training. These facilities shall include facilities and structures to support full-scale training exercises in such area of advanced training as recommended or required by any applicable state or national training facility standards. 2. The bureau shall inspect the facilities of each training center to ensure compliance with the requirements of this section.

         Section History: Recent Form

         2006 Acts, ch 1179, §45, 67
         Referred to in § 100B.22
        

100B.24 TRAINING PROVIDED. 1. Training centers shall provide fire service training in accordance with curriculum approved by the bureau. The bureau, in cooperation with the public agencies operating the training centers, shall provide the necessary training materials, curriculum, training aids, and training schedule. 2. Training centers may provide emergency response service training in addition to fire service training. A training center shall offer joint training exercises to emergency responders. The bureau shall work in conjunction with those state agencies charged with developing training standards for emergency response service training to develop a curriculum and standards for emergency response service training provided by a training center. 3. A training center shall offer training to any emergency responder who applies for training at the training center regardless of the emergency responder's place of residence or employment.

         Section History: Recent Form

         2006 Acts, ch 1179, §46, 67
         Referred to in § 100B.7
        

100B.25 AGREEMENTS FOR TRAINING AND FINANCIAL ASSISTANCE -- AUTHORITY. A public agency operating a training center may enter into agreements under chapter 28E to provide emergency response service training to emergency responders. The agreements may provide for financial contributions from participating public agencies, private fire departments, and emergency response service entities and may provide for in-kind contributions of land, equipment, and personnel from such public agencies, private fire departments, and other entities providing emergency response services.

         Section History: Recent Form

         2006 Acts, ch 1179, §47, 67
        

100B.26 THROUGH 100B.30 Reserved.

100B.31 VOLUNTEER EMERGENCY SERVICES PROVIDER DEATH BENEFIT -- ELIGIBILITY. 1. There is appropriated annually from the general fund of the state to the department of administrative services an amount sufficient to pay death benefit claims under this section. The director of the department of administrative services shall issue warrants for payment of death benefit claims approved for payment by the department of public safety under subsection 2. 2. a. If the department of public safety determines, upon the receipt of evidence and proof from the fire chief or supervising officer, that the death of a volunteer emergency services provider was the direct and proximate result of a traumatic personal injury incurred in the line of duty as a volunteer, a line of duty death benefit in an amount of one hundred thousand dollars shall be paid in a lump sum to the volunteer emergency services provider's beneficiary. A line of duty death benefit payable under this subsection shall be in addition to any other death benefit payable to the volunteer emergency services provider. b. A line of duty death benefit shall not be payable under this subsection if any of the following applies: (1) (a) The death resulted from stress, strain, occupational illness, or a chronic, progressive, or congenital illness, including but not limited to a disease of the heart, lungs, or respiratory system, unless a traumatic personal injury was a substantial contributing factor to the volunteer emergency services provider's death. (b) However, if the death was the direct and proximate result of a heart attack or stroke, the volunteer emergency services provider shall be presumed to have died as a result of a traumatic personal injury if the provider engaged in a nonroutine stressful or strenuous physical activity within the scope of the provider's duties and the death resulted while engaging in that activity, while still on duty after engaging in that activity, or not later than twenty-four hours after engaging in that activity, and the presumption is not overcome by competent medical evidence to the contrary. For purposes of this subparagraph division, "nonroutine stressful or strenuous physical activity" includes but is not limited to nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief, emergency response, and training exercise activities. "Nonroutine stressful or strenuous physical activity" does not include activities of a clerical, administrative, or nonmanual nature. (2) The death was caused by the intentional misconduct of the volunteer emergency services provider or by such provider's intent to cause the provider's own death. (3) The volunteer emergency services provider was voluntarily intoxicated at the time of death. (4) The volunteer emergency services provider was performing the provider's duties in a grossly negligent manner at the time of death. (5) A beneficiary who would otherwise be entitled to a benefit under this subsection was, through the beneficiary's actions, a substantial contributing factor to the volunteer emergency services provider's death. 3. For purposes of this section, "volunteer emergency services provider" means any of the following: a. A volunteer fire fighter as defined in section 85.61. b. A person performing the functions of an emergency medical care provider or emergency rescue technician as defined in section 147A.1 who was not paid full-time by the entity for which such services were being performed at the time the incident giving rise to the death occurred. c. A reserve peace officer as defined in section 80D.1A.

        sp;Section History: Recent Form

         2000 Acts, ch 1232, §97
         C2001, §100B.11
         2002 Acts, ch 1079, §1, 3; 2003 Acts, ch 145, §286; 2004 Acts, ch
      1063, §1; 2006 Acts, ch 1103, §3
         C2007, §100B.31
         2009 Acts, ch 41, §263
         Referred to in § 80.9, 97A.6, 97B.52, 99B.8, 411.6

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