2002 Legislation
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SENATE BILL NO. 1356 – Schlrshp/dpndnts/public safty offcr

SENATE BILL NO. 1356

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Daily Data Tracking History



S1356aa, aa................................................by STATE AFFAIRS
SCHOLARSHIPS - Amends existing law to provide for scholarships for
dependents of full-time or part-time peace officers, firefighters,
paramedics, emergency medical technicians or first responders (public
safety officers) employed or volunteering in Idaho who have been killed or
disabled in the line of duty; to provide eligibility; and to define "public
safety officer."
                                                                        
01/31    Senate intro - 1st rdg - to printing
02/01    Rpt prt - to St Aff
02/07    Rpt out - to 14th Ord
02/08    Rpt out amen - to engros
02/11    Rpt engros - 1st rdg - to 2nd rdg as amen
02/12    2nd rdg - to 3rd rdg as amen
02/18    3rd rdg as amen - to 14th Ord
02/20    Rpt out amen - to engros
02/21    Rpt engros - 1st rdg - to 2nd rdg as amen
02/22    2nd rdg - to 3rd rdg as amen
02/27    3rd rdg as amen - PASSED - 32-0-3
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Geddes,
      Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
      Lodge, Marley, Richardson, Risch, Sandy, Schroeder, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- Frasure, Noh, Sims
    Floor Sponsor - Stennett
    Title apvd - to House
02/28    House intro - 1st rdg - to St Aff
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 56-4-10
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Callister, Campbell, Collins, Crow,
      Cuddy, Deal, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Hadley, Hammond, Henbest, Higgins, Jaquet, Jones,
      Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Mader, Martinez,
      McKague, Meyer, Montgomery, Pearce, Pomeroy, Raybould, Ridinger,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smylie,
      Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young
      NAYS -- Harwood, Hornbeck, Loertscher, McKague
      Absent and excused -- Bruneel, Clark, Denney, Gould, Mortensen,
      Moyle, Pischner, Roberts, Smith(23), Mr. Speaker
    Floor Sponsors - Smylie & Jaquet
    Title apvd - to Senate
03/11    To enrol
03/12    Rpt enrol - Pres signed - Sp signed
03/13    To Governor
03/26    Governor signed
         Session Law Chapter 283
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1356
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DEPENDENT SCHOLARSHIPS; AMENDING SECTION 33-4302A, IDAHO CODE,  TO
  3        PROVIDE  FOR  SCHOLARSHIPS FOR DEPENDENTS OF FULL-TIME OR PART-TIME PUBLIC
  4        SAFETY OFFICERS EMPLOYED OR VOLUNTEERING FOR  THE  STATE  OF  IDAHO  OR  A
  5        POLITICAL  SUBDIVISION  OF  THE STATE, TO PROVIDE THAT DEPENDENTS SHALL BE
  6        ELIGIBLE FOR SUCH SCHOLARSHIPS FOR A CERTAIN PERIOD OF TIME AND TO PROVIDE
  7        THAT THE SCHOLARSHIPS ARE AVAILABLE TO DEPENDENTS OF PUBLIC  SAFETY  OFFI-
  8        CERS WHO WERE KILLED OR DISABLED IN 1975 OR THEREAFTER.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That Section 33-4302A, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        33-4302A.  PEACE  OFFICER/FIREFIGHTER  PUBLIC  SAFETY  OFFICER   DEPENDENT
 13    SCHOLARSHIPS -- STATE AID. (1) Any dependent of a full-time or part-time peace
 14    officer,  or  firefighter,  paramedic,  emergency  medical technician or first
 15    responder, as defined in section 56-1012, Idaho Code (hereinafter referred  to
 16    as  "public  safety officer"), employed in by or volunteering for the state of
 17    Idaho or for a political subdivision of  the  state  of  Idaho,  which  public
 18    safety  officer  or firefighter is or was a resident of the state of Idaho and
 19    which at the  time such officer or firefighter is was killed  or  disabled  in
 20    the  line of duty shall be admitted to attend any public institution of higher
 21    education or public professional-technical college within the state  of  Idaho
 22    without  the  necessity  of  paying tuition and fees therefor. Said dependents
 23    shall be provided by the institution or college with books, equipment and sup-
 24    plies necessary for pursuit of the dependent's chosen  program  of  enrollment
 25    not to exceed the actual cost therefor, or five hundred dollars ($500), which-
 26    ever  is  less, per quarter, semester, intensified semester, or like education
 27    period. Said dependent shall be provided with  the  institution  or  college's
 28    published  normal on-campus residential facility housing and meals program for
 29    each month the dependent is enrolled full time under this statute and  contin-
 30    ues  to  actually reside in such on-campus residential facility. Provided how-
 31    ever, that the educational benefits provided for in  this  section  shall  not
 32    exceed  a total of thirty-six (36) months or four (4) nine-month periods; pro-
 33    vided further, that such educational benefits shall not extend beyond ten (10)
 34    years following the date the dependent receives a high school diploma, a  high
 35    school  equivalency diploma, a special diploma or a certificate of high school
 36    completion, or beyond the date such dependent turns  thirty  (30)  years  old,
 37    whichever comes first.
 38        (2)  The  dependent  shall  be required to meet the educational qualifica-
 39    tions as such institution of higher education or  professional-technical  col-
 40    lege  as established for other prospective students of this state. Application
 41    for eligibility under this section shall be made to the state board of  educa-
 42    tion  and  board of regents of the University of Idaho. The board shall verify
 43    the eligibility of the dependent  and  communicate  such  eligibility  to  the
                                                                        
                                           2
                                                                        
  1    dependent and the affected institution or college.
  2        (3)  Affected  institutions  and  colleges  shall, in their preparation of
  3    future budgets, include therein costs resulting from such tuition, fees, hous-
  4    ing, meals, books, equipment  and  supplies  for  reimbursement  thereof  from
  5    appropriation of state funds.
  6        For  the purposes of this section, a peace public safety officer  or fire-
  7    fighter, employed in by or volunteering for the state of Idaho or for a polit-
  8    ical subdivision of the state of Idaho, is considered disabled if he or she is
  9    unable to perform with reasonable continuity the material duties of any  gain-
 10    ful occupation for which he or she is reasonably fitted by education, training
 11    and experience.
 12        (4)  The  scholarships  provided  in  this  section shall be available for
 13    dependents of public safety officers who were killed or disabled  in  1975  or
 14    thereafter.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Stennett            
                                                                        
                                                     Seconded by Davis               
                                                                        
                                                                        
                                       IN THE SENATE
                       SENATE AMENDMENT TO S.B. NO. 1356, As Amended
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 2 of the engrossed bill, delete lines 14 through 16, and insert:
  3        "(5)  For purposes of this section:
  4        (a)  "Public safety officer" means a peace officer or  firefighter,  or  a
  5        paramedic,  emergency medical technician or first responder as those terms
  6        are defined in section 56-1012, Idaho Code.
  7        (b)  "Volunteering" means contributing services as a bona fide member of a
  8        legally organized law enforcement  agency,  fire  department  or  licensed
  9        emergency medical service provider organization.".
                                                                        
 10                                 CORRECTION TO TITLE
 11        On page 1, delete line 9, and insert: "TERMS.".
                                                     Moved by    Stegner             
                                                                        
                                                     Seconded by Stennett            
                                                                        
                                                                        
                                       IN THE SENATE
                       SENATE AMENDMENT TO S.B. NO. 1356, As Amended
                                                                        
 12                                AMENDMENT TO SECTION 1
 13        On page 2 of the engrossed bill, following line 16, insert:
 14        "(6)  The  scholarship  provided  in  this  section shall not be available
 15    unless it is determined that:
 16        (a)  The death or disablement of the public safety officer occurred in the
 17        performance of the officer's duties;
 18        (b)  The death or disablement was not caused by the intentional misconduct
 19        of the public safety officer or by such officer's  intentional  infliction
 20        of injury; and
 21        (c)  The public safety officer was not voluntarily intoxicated at the time
 22        of death.".
                                                                        
 23                                 CORRECTIONS TO TITLE
 24        On page 1, in line 8, delete "AND" and insert: ","; and in line 9, follow-
 25    ing "OFFICER" delete "."" and insert: ""AND TO PROVIDE LIMITATIONS.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                        SENATE BILL NO. 1356, As Amended, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DEPENDENT SCHOLARSHIPS; AMENDING SECTION 33-4302A, IDAHO CODE,  TO
  3        PROVIDE  FOR  SCHOLARSHIPS FOR DEPENDENTS OF FULL-TIME OR PART-TIME PUBLIC
  4        SAFETY OFFICERS EMPLOYED OR VOLUNTEERING FOR  THE  STATE  OF  IDAHO  OR  A
  5        POLITICAL  SUBDIVISION  OF  THE STATE, TO PROVIDE THAT DEPENDENTS SHALL BE
  6        ELIGIBLE FOR SUCH SCHOLARSHIPS FOR A CERTAIN PERIOD OF  TIME,  TO  PROVIDE
  7        THAT  THE  SCHOLARSHIPS ARE AVAILABLE TO DEPENDENTS OF PUBLIC SAFETY OFFI-
  8        CERS WHO WERE KILLED OR DISABLED IN 1975 OR THEREAFTER, TO DEFINE  "TERMS"
  9        AND TO PROVIDE LIMITATIONS.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That Section 33-4302A, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        33-4302A.  PEACE  OFFICER/FIREFIGHTER  PUBLIC  SAFETY  OFFICER   DEPENDENT
 14    SCHOLARSHIPS -- STATE AID. (1) Any dependent of a full-time or part-time peace
 15    public  safety officer, or firefighter as defined in subsection 5 of this sec-
 16    tion, employed in by or volunteering for the state of Idaho or for a political
 17    subdivision of the state of Idaho, which public safety officer or  firefighter
 18    is  or was a resident of the state of Idaho and which at the time such officer
 19    or firefighter is was killed or disabled in the line of duty shall be admitted
 20    to attend any public institution of higher education or  public  professional-
 21    technical  college  within  the state of Idaho without the necessity of paying
 22    tuition and fees therefor. Said dependents shall be provided by  the  institu-
 23    tion  or  college  with books, equipment and supplies necessary for pursuit of
 24    the dependent's chosen program of enrollment not to  exceed  the  actual  cost
 25    therefor,  or  five  hundred  dollars  ($500), whichever is less, per quarter,
 26    semester, intensified semester, or like education period. Said dependent shall
 27    be provided with the institution or college's published normal on-campus resi-
 28    dential facility housing and meals program for each  month  the  dependent  is
 29    enrolled full time under this statute and continues to actually reside in such
 30    on-campus  residential  facility. Provided however, that the educational bene-
 31    fits provided for in this section shall not exceed a total of thirty-six  (36)
 32    months or four (4) nine-month periods; provided further, that such educational
 33    benefits shall not extend beyond ten (10) years following the date the depend-
 34    ent  receives a high school diploma, a high school equivalency diploma, a spe-
 35    cial diploma or a certificate of high school completion, or  beyond  the  date
 36    such dependent turns thirty (30) years old, whichever comes first.
 37        (2)  The  dependent  shall  be required to meet the educational qualifica-
 38    tions as such institution of higher education or  professional-technical  col-
 39    lege  as established for other prospective students of this state. Application
 40    for eligibility under this section shall be made to the state board of  educa-
 41    tion  and  board of regents of the University of Idaho. The board shall verify
 42    the eligibility of the dependent  and  communicate  such  eligibility  to  the
 43    dependent and the affected institution or college.
                                                                        
                                           2
                                                                        
  1        (3)  Affected  institutions  and  colleges  shall, in their preparation of
  2    future budgets, include therein costs resulting from such tuition, fees, hous-
  3    ing, meals, books, equipment  and  supplies  for  reimbursement  thereof  from
  4    appropriation of state funds.
  5        For  the purposes of this section, a peace public safety officer  or fire-
  6    fighter, employed in by or volunteering for the state of Idaho or for a polit-
  7    ical subdivision of the state of Idaho, is considered disabled if he or she is
  8    unable to perform with reasonable continuity the material duties of any  gain-
  9    ful occupation for which he or she is reasonably fitted by education, training
 10    and experience.
 11        (4)  The  scholarships  provided  in  this  section shall be available for
 12    dependents of public safety officers who were killed or disabled  in  1975  or
 13    thereafter.
 14        (5)  For purposes of this section:
 15        (a)  "Public  safety  officer"  means a peace officer or firefighter, or a
 16        paramedic, emergency medical technician or first responder as those  terms
 17        are defined in section 56-1012, Idaho Code.
 18        (b)  "Volunteering" means contributing services as a bona fide member of a
 19        legally  organized  law  enforcement  agency,  fire department or licensed
 20        emergency medical service provider organization.
 21        (6)  The scholarship provided in  this  section  shall  not  be  available
 22    unless it is determined that:
 23        (a)  The death or disablement of the public safety officer occurred in the
 24        performance of the officer's duties;
 25        (b)  The death or disablement was not caused by the intentional misconduct
 26        of  the  public safety officer or by such officer's intentional infliction
 27        of injury; and
 28        (c)  The public safety officer was not voluntarily intoxicated at the time
 29        of death.

Statement of Purpose / Fiscal Impact


                            AMENDED
                      STATEMENT OF PURPOSE
                          RS 11496C3

	This bill adds to existing legislation to provide scholarship 
assistance at any public institution of higher education or public 
professional-technical college within the state of Idaho for any 
dependent of a part-time peace officer or volunteering firefighter, 
paramedic or EMT who is a resident of the state of Idaho and who is 
killed or disabled in the line of duty. Further it clarifies which 
dependents of previously slain or disabled public safety officers 
are eligible for this benefit.

                              FISCAL IMPACT

	To add volunteer peace officers, volunteer fire fighters, 
paramedics and EMTs to this proposal would create no fiscal impact 
to the state for approximately 10 years. In 2112 the only child of 
volunteer firefighter Bill Buttram will be eligible for this benefit. 
It is difficult to estimate the number of peace officers or 
firefighter dependents that might eventually be eligible for benefits 
under this legislation. It currently costs approximately $9,000 
annually to attend an Idaho public four-year institution ($3,000 
in tuition and fees, $1,000 for books and $5,000 for room and board).
The costs are generally less for community colleges and/or 
professional-technical institutions.


Contact
Name:	Sen. Clint Stennett
Phone:	208/332-1351
Sen. Cecil Ingram
208/332-1332
Karl Malott, Professional Fire Fighters of Idaho
208/250-1933


STATEMENT OF PURPOSE/FISCAL NOTE	    Bill No. 1356          

REVISED	            REVISED	          REVISED