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H0246................................by JUDICIARY, RULES AND ADMINISTRATION
LAW ENFORCEMENT OFFICERS - Adds to existing law to provide for the payment
of death benefits to family members of a law enforcement officer who is
killed in the performance of duty; to provide for disbursement of the death
benefit; to provide that the death benefit is not subject to state income
taxes and shall not affect, nor be affected by, certain provisions of law
relating to death benefits.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 43-21-6
AYES -- Barraclough(Barraclough), Bedke, Bell, Bieter, Bradford,
Campbell, Chase, Clark, Collins, Cuddy, Ellsworth, Eskridge,
Field(13), Gould, Henbest, Higgins, Jaquet, Jones, Kellogg, Kendell,
Kunz, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Pearce,
Pomeroy, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie,
Stevenson, Stone, Swan(Hansen), Tilman, Trail, Young, Mr. Speaker
NAYS -- Barrett, Black, Boe, Bolz, Bruneel, Crow, Ellis, Gagner,
Hadley, Hammond, Harwood, Hornbeck, Lake, Loertscher, McKague, Moyle,
Pischner, Ridinger, Roberts, Wheeler, Wood
Absent and excused -- Callister, Deal, Denney, Field(20), Langford,
Raybould.
Floor Sponsor -- Young
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Jud
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 26-9-0
AYES--Andreason, Branch, Bunderson, Cameron, Danielson, Darrington,
Davis, Dunklin, Frasure, Geddes, Goedde, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sorensen, Stennett, Thorne, Whitworth
NAYS--Boatright, Brandt, Burtenshaw, Deide, Hawkins, Sims, Stegner,
Wheeler, Williams
Absent and excused -- None
Floor Sponsor -- King-Barrutia
Title apvd - to House
03/22 To enrol - rpt enrol - Sp signed
03/23 Pres signed
03/26 To Governor
04/04 Governor signed
Session Law Chapter 318
Effective: 01/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 246
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE STATE BOARD OF EXAMINERS; AMENDING CHAPTER 20, TITLE 67, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 67-2028, IDAHO CODE, TO PROVIDE FOR
4 THE PAYMENT OF DEATH BENEFITS TO FAMILY MEMBERS OF A LAW ENFORCEMENT OFFI-
5 CER WHO IS KILLED IN THE PERFORMANCE OF DUTY, TO PROVIDE FOR DISBURSEMENT
6 OF THE DEATH BENEFIT, TO PROVIDE THAT THE DEATH BENEFIT IS NOT SUBJECT TO
7 STATE INCOME TAXES AND TO PROVIDE THAT THE DEATH BENEFIT SHALL NOT AFFECT
8 NOR BE AFFECTED BY CERTAIN PROVISIONS OF LAW RELATING TO DEATH BENEFITS;
9 DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Chapter 20, Title 67, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 67-2028, Idaho Code, and to read as follows:
14 67-2028. LAW ENFORCEMENT DEATH BENEFITS. (1) After January 1, 2001, in
15 the event a certified peace officer, detention officer or correctional officer
16 (hereinafter referred to as "officer") in the employ of the state or a politi-
17 cal subdivision of the state is killed in the performance of the officer's
18 duty, the board of examiners shall authorize the payment of funds for the pur-
19 pose of distributing a death benefit to the slain officer's family. After the
20 board of examiners is satisfied that the circumstances of the death occurred
21 in the performance of the officer's duty, it shall authorize the issuance of a
22 deficiency warrant. In the event that the board of examiners is uncertain as
23 to the circumstances of the death, it may postpone the authorization of such
24 payment until the head of the responsible investigative agency provides an
25 official report of the incident. Upon authorization of the deficiency warrant
26 by the board of examiners, the state controller shall, after notice to the
27 state treasurer, draw a deficiency warrant in the authorized amount against
28 the general fund.
29 (2) The death benefit shall be distributed as follows:
30 (a) The total amount of a death benefit to be disbursed to a surviving
31 spouse, with or without dependent children, shall be one hundred thousand
32 dollars ($100,000).
33 (b) In the event there is no surviving spouse, the total amount of the
34 death benefit to be disbursed to the slain officer's surviving dependent
35 children who are under twenty-one (21) years of age at the time of the
36 officer's death is one hundred thousand dollars ($100,000), to be split
37 equally among the surviving natural and adopted children of the slain
38 officer. This disbursement shall be made to each dependent child's legal
39 guardian on behalf of the child.
40 (3) In the event there is neither a surviving spouse, nor surviving
41 dependent children under the age of twenty-one (21) years, the total amount to
42 be disbursed to the surviving parent or parents of the slain officer shall be
43 forty thousand dollars ($40,000), to be split equally between the natural or
2
1 adopted parents of the slain officer.
2 (4) The death benefit provided in this section shall not be subject to
3 state income taxes, and shall not affect, nor be affected by, any death bene-
4 fit payments as may be provided under chapter 13, title 59, Idaho Code.
5 SECTION 2. An emergency existing therefor, which emergency is hereby
6 declared to exist, this act shall be in full force and effect on and after its
7 passage and approval, and retroactively to January 1, 2001.
STATEMENT OF PURPOSE
RS 11055
The purpose of this bill is to provide a benefit to the
families of peace officers, detention officers or correctional
guards who are killed in the line of duty. While the Public
Employees Retirement System will pay a death benefit of 200% of
contributions if an officer is vested, the Workers Compensation
fund provides some money to the family, and the federal
government will pay a death benefit to families of fallen peace
officers, the State of Idaho does not provide assistance to such
families. Many police agencies do not provide life insurance
benefits to officers.
This bill provides that when a peace officer, detention
officer or correctional guard is killed in the performance of his
or her duty, the Board of Examiners shall pay a death benefit to
the officer s children or spouse in an amount of $100,000. If the
officer has no spouse or children, $40,000 shall be paid to the
officer s parents. If no parents, spouse or children exist, no
benefit is paid to anyone.
In cases where it cannot be immediately ascertained whether
the killing occurred while the officer was acting in the
performance of duty, the Board of Examiners is authorized to
examine the reports of the investigating police agency in order
to make a determination as to whether to pay the death benefit.
This bill will provide some small incentive to persons who
are contemplating employment as peace officers, detention
officers or correctional officers. They will know that the State
of Idaho recognizes the danger of such employment and further
recognizes that families of officers should be assisted if they
are killed protecting the public.
FISCAL IMPACT
This bill has a $140,000 impact on the general fund for
2001, assuming no other officers are killed. As for future
year s, the fiscal impact will be driven by the number of
officers killed, if any, in a given year. Seven officers have
fallen in Idaho since 1991.
CONTACT: Idaho Sheriffs Association, Michael J. Kane
Phone: 342 4545
STATEMENT OF PURPOSE/FISCAL NOTE H 24