SENATE BILL NO. 1050

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S1050.......................................by COMMERCE AND HUMAN RESOURCES
DEATH BENEFITS - PUBLIC SAFETY OFFICER - Adds to, amends and repeals
existing law to provide death benefits for public safety officers who die
as the direct and proximate result of personal injuries sustained in the
line of duty; to provide that the issuance of deficiency warrants shall be
authorized after the Board of Examiners determines that certain
requirements have been met; to revise the method of benefit payments to
dependent children; to remove language providing for benefits to parents of
officers; to provide that death benefits are not dependent upon the years
of service or age of the officer; to define "public safety officer"; and to
limit application.
                                                                        
01/31    Senate intro - 1st rdg - to printing
02/03    Rpt prt - to Com/HuRes
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
      Cameron, Compton, Darrington, Davis, Gannon, Geddes, Hill, Ingram,
      Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burkett, Goedde
    Floor Sponsors - Cameron, Davis, Stegner
    Title apvd - to House
03/04    House intro - 1st rdg - to Com/HuRes
03/06    Ref'd to St Aff
03/21    Rpt out - rec d/p - to 2nd rdg
03/24    2nd rdg - to 3rd rdg
03/28    3rd rdg - PASSED - 64-4-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Henbest(Bray), Jaquet, Jones,
      Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin, Meyer,
      Miller, Mitchell, Moyle, Nacarrato, Nielsen, Raybould, Ridinger,
      Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Tilman, Trail, Wills, Mr. Speaker
      NAYS -- Crow, Harwood, Kulczyk, Wood
      Absent and excused -- McKague, Roberts
    Floor Sponsor - Stevenson
    Title apvd - to Senate
03/31    To enrol
04/01    Rpt enrol - Pres signed
04/02    Sp signed
04/03    To Governor
04/08    Governor signed
         Session Law Chapter 238
         Effective: 07/01/03 Secs 1 and 2;
         07/01/08 Section 3

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1050
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DEATH BENEFITS; AMENDING CHAPTER 13, TITLE 59, IDAHO CODE, BY  THE
  3        ADDITION  OF A NEW SECTION 59-1361A, IDAHO CODE, TO PROVIDE DEATH BENEFITS
  4        FOR PUBLIC SAFETY OFFICERS WHO DIE AS THE DIRECT AND PROXIMATE  RESULT  OF
  5        PERSONAL  INJURIES  SUSTAINED  IN  THE  LINE OF DUTY; AND AMENDING SECTION
  6        67-2028, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO  MAKE  GRAMMATICAL
  7        CHANGES,  TO  PROVIDE  THAT  THE ISSUANCE OF A DEFICIENCY WARRANT SHALL BE
  8        AUTHORIZED AFTER THE BOARD OF EXAMINERS DETERMINES THAT  CERTAIN  REQUIRE-
  9        MENTS HAVE BEEN MET, TO REVISE THE METHOD OF BENEFIT PAYMENTS TO DEPENDENT
 10        CHILDREN,  TO  REMOVE  LANGUAGE PROVIDING FOR BENEFITS TO PARENTS OF OFFI-
 11        CERS, TO REMOVE LANGUAGE REFERENCING THE EFFECT  OF  OTHER  DEATH  BENEFIT
 12        PAYMENTS, TO PROVIDE THAT DEATH BENEFITS ARE NOT DEPENDENT ON THE YEARS OF
 13        SERVICE  OR AGE OF THE OFFICER, TO DEFINE "PUBLIC SAFETY OFFICER," TO PRO-
 14        VIDE THAT BENEFITS SHALL BE PAYABLE ONLY UPON  CERTAIN  DETERMINATIONS  BY
 15        THE  BOARD  OF  EXAMINERS  AND  TO  LIMIT  APPLICATION;  REPEALING SECTION
 16        67-2028, IDAHO CODE; AND PROVIDING EFFECTIVE DATES.
                                                                        
 17    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 18        SECTION 1.  That Chapter 13, Title 59, Idaho Code, be,  and  the  same  is
 19    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 20    ignated as Section 59-1361A, Idaho Code, and to read as follows:
                                                                        
 21        59-1361A.  PUBLIC SAFETY OFFICER DEATH BENEFITS. (1)  On and after July 1,
 22    2003, in the event a public safety officer dies as the  direct  and  proximate
 23    result  of a personal injury sustained in the line of duty, a death benefit in
 24    the amount of one hundred thousand dollars ($100,000) shall be payable as pro-
 25    vided in this section to the officer's surviving spouse or, in the event there
 26    is no surviving spouse, divided among the officer's dependent children.
 27        (2)  Application for benefits under this chapter  shall  be  made  to  the
 28    retirement  board.  No  benefit  shall be payable unless it is established, as
 29    determined by the retirement board, that:
 30        (a)  The officer's death occurred in the line of duty as defined in  regu-
 31        lations  issued  by the United States department of justice pursuant to 42
 32        U.S.C. section 3796, except as modified by the retirement board;
 33        (b)  The death was not caused by the intentional misconduct of the officer
 34        or by such officer's intentional infliction of injury;
 35        (c)  The officer was not voluntarily intoxicated at the time of death; and
 36        (d)  Benefit payments will not be paid to a person whose  actions  were  a
 37        substantial contributing factor to the death of the officer.
 38        (3)  As used in this section:
 39        (a)  "Dependent  child" means a surviving natural or legally adopted child
 40        who is under twenty-one (21) years of age at the  time  of  the  officer's
 41        death. Benefits to dependent children shall be paid in accordance with the
 42        provisions  of  the Idaho uniform transfers to minors act, as set forth in
 43        chapter 8, title 68, Idaho Code; provided that  when  there  are  multiple
                                                                        
                                           2
                                                                        
  1        dependent children, the benefit shall be divided equally among them.
  2        (b)  "Public safety officer" means an active member of the retirement sys-
  3        tem who when injured:
  4             (i)   Was  designated  as  a  police  officer  member  under  section
  5             59-1303,  Idaho  Code,  and had been treated as such for contribution
  6             purposes;
  7             (ii)  Was a "firefighter" as defined in  section  59-1302(16),  Idaho
  8             Code; or
  9             (iii) Was  a  "paid  firefighter"  as  defined in section 72-1403(A),
 10             Idaho Code.
 11        (4)  Benefits payable under this section:
 12        (a)  Are separate from and independent of any benefits payable under  sec-
 13        tion 59-1361, Idaho Code;
 14        (b)  Are  not  dependent  on  years of service or age of the public safety
 15        officer; and
 16        (c)  Shall not be subject to state income taxes.
 17        (5)  The costs of providing this benefit,  as  determined  by  the  board,
 18    shall be paid by the employers of public safety officers as an additional con-
 19    tribution  component  separate  and  distinct from all other obligations under
 20    this chapter. Such costs will be paid in a manner as determined by the board.
                                                                        
 21        SECTION 2.  That Section 67-2028, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:
                                                                        
 23        67-2028.  LAW  ENFORCEMENT  DEATH BENEFITS. (1) After January 1, 20013, in
 24    the event a certified peace public safety officer, detention officer  or  cor-
 25    rectional  officer (hereinafter referred to as "officer") in the employ of the
 26    state or a political subdivision of the state is  killed  in  the  performance
 27    dies  as  the  direct  and proximate result of the officer's personal injuries
 28    sustained in the line of duty, the board of examiners shall authorize the pay-
 29    ment of funds for the purpose of distributing a death  benefit  to  the  slain
 30    officer's  family.  After the board of examiners is satisfied that the circum-
 31    stances of the death occurred in the performance requirements of the officer's
 32    duty this section have been met, it shall authorize the issuance  of  a  defi-
 33    ciency  warrant.  In  the event that the board of examiners is uncertain as to
 34    the circumstances of the death, it may postpone the authorization of such pay-
 35    ment until the head of the responsible investigative agency provides an  offi-
 36    cial  report  of the incident. Upon authorization of the deficiency warrant by
 37    the board of examiners, the state controller shall, after notice to the  state
 38    treasurer, draw a deficiency warrant in the authorized amount against the gen-
 39    eral fund.
 40        (2)  The death benefit shall be distributed as follows:
 41        (a)  The  total  amount  of a death benefit to be disbursed to a surviving
 42        spouse, with or without dependent children, shall be one hundred  thousand
 43        dollars ($100,000).
 44        (b)  In  the  event  there is no surviving spouse, the total amount of the
 45        death benefit to be disbursed to the slain officer's  surviving  dependent
 46        children  who  are  under  twenty-one (21) years of age at the time of the
 47        officer's death is one hundred thousand dollars ($100,000),  to  be  split
 48        equally  among  the  surviving  natural  and adopted children of the slain
 49        officer. This disbursement shall be made to each dependent  child's  legal
 50        guardian  on  behalf of the child in accordance with the provisions of the
 51        Idaho uniform transfers to minors act, as set forth in  chapter  8,  title
 52        68, Idaho Code.
 53        (3)  In  the  event  there  is  neither  a surviving spouse, nor surviving
                                                                        
                                           3
                                                                        
  1    dependent children under the age of twenty-one (21) years, the total amount to
  2    be disbursed to the surviving parent or parents of the slain officer shall  be
  3    forty  thousand  dollars ($40,000), to be split equally between the natural or
  4    adopted parents of the slain officer.
  5        (4)  The death benefit provided in this section shall not  be  subject  to
  6    state  income taxes, and shall not affect, nor be affected by, any death bene-
  7    fit payments as may be provided under chapter 13, title 59, Idaho Code is  not
  8    dependent on the years of service or age of the public safety officer.
  9        (4)  As  used  in  this section, the term "public safety officer" includes
 10    only persons, who when injured, were employed as:
 11        (a)  County sheriffs;
 12        (b)  Deputy county sheriffs:
 13             (i)   Holding positions for which current POST certification is  nec-
 14             essary  to  continue  in  employment  in  the position, the principal
 15             duties of which are active law enforcement service; provided however,
 16             that even though POST certified or required  to  be  POST  certified,
 17             deputy  county  sheriffs  holding positions whose principal full-time
 18             duties are those of a telephone operator, clerk, stenographer, animal
 19             control officer, records specialist, or other duties not  within  the
 20             scope  of  active  law  enforcement  are not "public safety officers"
 21             under this section;
 22             (ii)  Holding positions which require accountability for  the  safety
 23             and  safekeeping  of persons confined in a city or county confinement
 24             facility; or
 25             (iii) Whose  duties  require  active  participation  in  county   law
 26             enforcement activities pertaining to crime prevention or reduction;
 27        (c)  City police chiefs; and
 28        (d)  City police officers:
 29             (i)   Holding  positions for which current POST certification is nec-
 30             essary to continue in  employment  in  the  position,  the  principal
 31             duties of which are active law enforcement service; provided however,
 32             that  even  though  POST  certified or required to be POST certified,
 33             police officers holding positions whose  principal  full-time  duties
 34             are  those  of a telephone operator, clerk, stenographer, animal con-
 35             trol officer, records specialist, or  other  duties  not  within  the
 36             scope  of  active  law  enforcement  are not "public safety officers"
 37             under this section;
 38             (ii)  Holding positions which require accountability for  the  safety
 39             and  safekeeping  of persons confined in a city or county confinement
 40             facility; or
 41             (iii) Whose duties require active participation in city law  enforce-
 42             ment activities pertaining to crime prevention or reduction.
 43        (5)  No  benefit  shall be payable unless it is established, as determined
 44    by the board of examiners, that:
 45        (a)  The officer's death occurred in the line of duty as defined in  regu-
 46        lations  issued  by the United States department of justice pursuant to 42
 47        U.S.C. section 3796;
 48        (b)  The death was not caused by intentional misconduct of the officer  or
 49        by such officer's intentional infliction of injury;
 50        (c)  The officer was not voluntarily intoxicated at the time of death; and
 51        (d)  Benefit  payments  will  not be made to a person whose actions were a
 52        substantial contributing factor to the death of the officer.
 53        (6)  This section shall not apply to any public  safety  officer,  or  the
 54    family  of  any  such  officer,  who  is  eligible  for benefits under section
 55    59-1361A, Idaho Code.
                                                                        
                                           4
                                                                        
  1        SECTION 3.  That Section 67-2028, Idaho Code, be, and the same  is  hereby
  2    repealed.
                                                                        
  3        SECTION 4.  Sections 1 and 2 of this act shall be in full force and effect
  4    on  and  after  July 1, 2003. Section 3 of this act shall be in full force and
  5    effect on and after July 1, 2008.

Statement of Purpose / Fiscal Impact


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                       STATEMENT OF PURPOSE
                             RS 12727
In 2001, the legislature added section 67-2028, Idaho Code, which
provided a death benefit to family members of certain peace
officers killed in the line of duty, payable out of state general
funds by means of deficiency warrants.
This bill:

1. Adds a new section, 59-1361A, Idaho Code, which provides
essentially the same benefit to peace officers who are active
police officer members of PERSI, and extends the benefit to
active firefighters under the PERSI plan and active paid
firefighters under the FRF plan.  Benefits payable under this
section are funded by additional employer contributions and paid
out of the PERSI trust.

2. Amends section 67-2028, Idaho Code, to modify the definition
of police officer, to exclude anyone who qualifies for a benefit
under the new section 59-1361A, Idaho Code, and to modify other
language to make the benefit consistent with the benefit provided
under the new section 59-1361A, Idaho Code.  Benefits under this
section will continue to be payable out of state general funds by
means of deficiency warrants.  This section will be repealed
effective July 1, 2008, and benefits will cease to be available
under this section. 
                          FISCAL IMPACT
The PERSI actuary estimates the additional cost of the public
safety officer death benefit to PERSI in Idaho Code 59-1316A at
0.10% of the compensation paid to the members covered by the
benefit.  According to the legislation this is to be paid by
the employer which would represent a total annual cost to all
employers of public safety officers to be $237,500.  The annual
cost to the general fund for state employers is estimated at 
$50,700.  However, there is a potential savings in general funds
since the potential risk of payments from the general fund is
reduced.  Since the 2001 enactment the general fund has paid out 
$100,000 for each of three (3) death benefits (total $300,000).

 

Contact
Name: Michael Kane - Idaho Sheriffs Association
Phone: 208/342-4545




STATEMENT OF PURPOSE/FISCAL NOTE              Bill No. S1050