2007 Legislation
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SENATE BILL NO. 1123 – Peace/detentn officer/temp disablty

SENATE BILL NO. 1123

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S1123aa,aaH................................................by STATE AFFAIRS
PEACE OFFICERS - DETENTION OFFICERS - TEMPORARY DISABILITY - Adds to
existing law to set forth the "Peace Officer and Detention Officer
Temporary Disability Act"; to provide legislative intent; to provide a
short title; to define terms; to provide for the payment of full base
salaries to peace officers and detention officers who are temporarily
disabled; to provide for reimbursement for certain moneys relating to
officer salaries; to establish the Peace Officer and Detention Officer
Temporary Disability Fund; to provide for disposition of fund moneys; and
to set forth provisions for fines.

02/09    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to St Aff
02/20    Rpt out - to 14th Ord
02/26    Rpt out amen - to engros
02/27    Rpt engros - 1st rdg - to 2nd rdg as amen
02/28    2nd rdg - to 3rd rdg as amen
03/02    3rd rdg as amen - PASSED - 19-15-1
      AYES -- Andreason, Bastian, Burkett, Darrington, Davis, Fulcher,
      Gannon, Geddes, Hill, Jorgenson, Keough, Langhorst, Lodge, Malepeai,
      McGee, McKague, McKenzie, Schroeder, Stennett
      NAYS -- Bair, Bilyeu, Broadsword, Cameron, Coiner, Corder, Goedde,
      Hammond, Heinrich, Kelly, Little, Richardson, Siddoway, Stegner, Werk
      Absent and excused -- Pearce
    Floor Sponsor - McKenzie
    Title apvd - to House
03/05    House intro - 1st rdg - to Transp
03/21    Rpt out - to Gen Ord
03/22    Rpt out amen - to 1st rdg as amen
03/23    1st rdg - to 2nd rdg as amen
03/26    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 69-0-1
      AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Anderson
    Floor Sponsor - Wills
    Title apvd - to Senate
03/26    Senate concurred in House amens - to engros
03/27    Rpt engros - 1st rdg - to 2nd rdg as amen
03/28    Rls susp - PASSED - 32-3-0
      AYES -- Andreason, Bastian, Bilyeu, Broadsword, Burkett, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder,
      Siddoway, Stennett, Werk(Douglas)
      NAYS -- Bair, Goedde, Stegner
      Absent and excused -- None
    Floor Sponsor - McKenzie
    Title apvd - to enrol - Rpt enrol - Pres signed
03/29    Sp signed
03/30    To Governor
04/05    Governor signed
         Session Law Chapter 365
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1123
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TEMPORARILY DISABLED OFFICERS; AMENDING TITLE 72, IDAHO  CODE,  BY
  3        THE  ADDITION OF A NEW CHAPTER 11, TITLE 72, IDAHO CODE, TO PROVIDE LEGIS-
  4        LATIVE INTENT, TO PROVIDE A SHORT TITLE, TO DEFINE TERMS, TO  PROVIDE  FOR
  5        THE PAYMENT OF FULL BASE SALARIES TO PEACE OFFICERS AND DETENTION OFFICERS
  6        WHO  ARE  TEMPORARILY  DISABLED,  TO PROVIDE FOR REIMBURSEMENT FOR CERTAIN
  7        MONEYS RELATING TO OFFICER SALARIES, TO ESTABLISH THE  PEACE  OFFICER  AND
  8        DETENTION OFFICER TEMPORARY DISABILITY FUND, TO PROVIDE FOR DISPOSITION OF
  9        FUND MONEYS AND TO SET FORTH PROVISIONS FOR FINES.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That Title 72, Idaho Code, be, and the same is hereby amended
 12    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 13    ter 11, Title 72, Idaho Code, and to read as follows:
                                                                        
 14                                      CHAPTER 11
 15                         PEACE OFFICER AND DETENTION OFFICER
 16                               TEMPORARY DISABILITY ACT
                                                                        
 17        72-1101.  LEGISLATIVE  INTENT. The purpose of this chapter is to provide a
 18    full salary to employees  in  certain  dangerous  occupations  who  have  been
 19    injured on the job. The legislature finds that the rights and protections pro-
 20    vided  to  peace officers and detention officers under this chapter constitute
 21    matters of statewide concern. Since these officers are employed  in  dangerous
 22    conditions,  it is necessary that this chapter be applicable to all such offi-
 23    cers wherever situated within the state of Idaho. In addition  to  the  provi-
 24    sions  of  this  chapter, state and local law enforcement agencies may provide
 25    additional monetary protections for their employees.
                                                                        
 26        72-1102.  SHORT TITLE. This chapter shall be known and may be cited as the
 27    "Peace Officer and Detention Officer Temporary Disability Act."
                                                                        
 28        72-1103.  DEFINITIONS.  As  used  in  this  chapter,  unless  the  context
 29    requires otherwise:
 30        (1)  "Detention officer" means an employee in a county jail who is respon-
 31    sible for the safety, care, protection and monitoring of county jail  inmates;
 32    and
 33        (2)  "Peace  officer" means any employee of a police or other law enforce-
 34    ment agency that is a part of or administered by the state  or  any  political
 35    subdivision  thereof  who  has the duty to arrest and whose duties include the
 36    prevention and detection of crime and the enforcement of the penal, traffic or
 37    highway laws of this state or any political  subdivision  of  this  state  and
 38    shall  include, but not be limited to, appointed chiefs, elected sheriffs, and
 39    fish and game officers.
                                                                        
                                       2
                                                                        
  1        72-1104.  COMPENSATION AND COSTS. On and after January 1, 2008,  and  sub-
  2    ject  to  available funds in the peace officer and detention officer temporary
  3    disability fund established in section 72-1105, Idaho Code:
  4        (1)  Any peace officer or detention officer employed by the state of Idaho
  5    or any city or county thereof who is injured in the performance of his or  her
  6    duties  and by reason thereof is temporarily incapacitated from performing his
  7    or her duties and qualifies for   worker's  compensation  wage  loss  benefits
  8    under title 72, Idaho Code, shall be paid his or her full rate of base salary,
  9    as fixed by the state or by applicable ordinance or resolution, until the tem-
 10    porary  disability  arising  from  such  injury has ceased. Disputes regarding
 11    entitlement to benefits under this chapter shall be decided by the  industrial
 12    commission in accordance with the provisions of title 72, Idaho Code, and com-
 13    mission rules.
 14        (2)  During the period for which the salary for temporary incapacity shall
 15    be  paid  by  the employer, any worker's compensation received or collected by
 16    the employee shall be remitted to the state  or  to  the  respective  city  or
 17    county,  as  applicable,  and paid into the treasury thereof. In addition, the
 18    employer shall be reimbursed for any remaining amount of salary not covered by
 19    such worker's compensation by application to the peace officer  and  detention
 20    officer  temporary  disability  fund, as established in section 72-1105, Idaho
 21    Code, pursuant to rules adopted by the industrial  commission;  provided  how-
 22    ever,  that  any  such  reimbursement from the fund shall continue only during
 23    such period as the employee qualifies for worker's compensation wage loss ben-
 24    efits under title 72, Idaho Code.
                                                                        
 25        72-1105.  FUND ESTABLISHED -- FINES -- PRIORITY --  DISPOSITION.  (1)  The
 26    peace  officer  and detention officer temporary disability fund is hereby cre-
 27    ated in the state treasury and shall be administered by the industrial commis-
 28    sion for the purpose of providing a full rate of salary for any peace  officer
 29    or  detention  officer  who is injured in the performance of his or her duties
 30    and is thereby temporarily incapacitated from performing such  duties.  Moneys
 31    shall be paid into the fund as provided by law and shall consist of fines col-
 32    lected  pursuant  to  subsection  (2)  of this section, appropriations, gifts,
 33    grants, donations and income from any other source. Moneys in the fund may  be
 34    appropriated only for the purposes of this chapter, which shall include admin-
 35    istrative  expenses.  The  treasurer shall invest all idle moneys in the fund.
 36    Any interest earned on the investment of idle moneys shall be returned to  the
 37    fund.
 38        (2)  In  addition  to  any other fine that may be imposed upon each person
 39    found guilty of criminal activity, the court shall impose a fine in the amount
 40    of three dollars ($3.00) for each conviction or finding of guilt of each  fel-
 41    ony  or  misdemeanor  count,  unless the court orders that such fine be waived
 42    only when the defendant is indigent and at the time of sentencing  shows  good
 43    cause  for inability to pay and written findings to that effect are entered by
 44    the court.
 45        (3)  Except as otherwise provided in section 72-1025, Idaho Code, the fine
 46    imposed under this section shall have priority over all other judgments of the
 47    court, except an order to pay court costs.
 48        (4)  Notwithstanding the provisions of section 19-4705,  Idaho  Code,  the
 49    fines  imposed  under  this  section  shall be paid into the peace officer and
 50    detention officer temporary disability fund.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                                     Moved by    Moyle               
                                                                        
                                                     Seconded by Wills               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                        HOUSE AMENDMENT TO S.B. NO. 1123, As Amended
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 2 of the engrossed bill, in line 1, delete "January 1,  2008"  and
  3    insert:  "July 1, 2008"; in line 5, delete "by a second party, or"; in line 6,
  4    delete "a call" and insert: "an emergency"; and delete lines 7 through 10, and
  5    insert: "suit of an actual or suspected violator of the  law,  and  by  reason
  6    thereof  is temporarily"; in line 33, delete "in the performance of his or her
  7    duties" and insert: "while engaged in those activities  as provided in section
  8    72-1104, Idaho Code,"; and in line 34, delete "such" and insert: "his or her".
                                                                        
  9                                AMENDMENT TO THE BILL
 10        On page 2, following line 54, insert:
 11        "SECTION 2.  This act shall be in full force and effect on and after  July
 12    1, 2007.".
                                                                        
 13                                 CORRECTION TO TITLE
 14        On page 1, in line 9, following "FINES" insert: "; AND PROVIDING AN EFFEC-
 15    TIVE DATE".
                                                                        
                                       2
                                                                        
                                                     Moved by    Moyle               
                                                                        
                                                     Seconded by Wills               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                        HOUSE AMENDMENT TO S.B. NO. 1123, As Amended
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On  page  2 of the engrossed bill, in line 15, following "ceased." insert:
  3    "The employer shall withhold, collect and pay income tax on the salary paid to
  4    the employee as required by chapter 30, title 63, Idaho Code.".
                                                                        
                                       3
                                                                        
                                                     Moved by    McKenzie            
                                                                        
                                                     Seconded by Malepeai            
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1123
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 2 of the printed bill, in line 5, delete "in  the  performance  of
  3    his  or her" and in line 6, delete "duties" and insert: "by a second party, or
  4    in the performance of his or her duties when responding to a call, or when  in
  5    the  pursuit of an actual or suspected violator of the law, or during the dis-
  6    charge or attempted discharge of his or her duties during an active investiga-
  7    tion or community caretaking function, or while taking part in training  of  a
  8    physical  nature  sanctioned  by his or her employer,"; and in line 10, delete
  9    "Disputes" and insert: "Determinations and any disputes".

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


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                 SENATE BILL NO. 1123, As Amended, As Amended in the House
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TEMPORARILY DISABLED OFFICERS; AMENDING TITLE 72, IDAHO  CODE,  BY
  3        THE  ADDITION OF A NEW CHAPTER 11, TITLE 72, IDAHO CODE, TO PROVIDE LEGIS-
  4        LATIVE INTENT, TO PROVIDE A SHORT TITLE, TO DEFINE TERMS, TO  PROVIDE  FOR
  5        THE PAYMENT OF FULL BASE SALARIES TO PEACE OFFICERS AND DETENTION OFFICERS
  6        WHO  ARE  TEMPORARILY  DISABLED,  TO PROVIDE FOR REIMBURSEMENT FOR CERTAIN
  7        MONEYS RELATING TO OFFICER SALARIES, TO ESTABLISH THE  PEACE  OFFICER  AND
  8        DETENTION OFFICER TEMPORARY DISABILITY FUND, TO PROVIDE FOR DISPOSITION OF
  9        FUND MONEYS AND TO SET FORTH PROVISIONS FOR FINES; AND PROVIDING AN EFFEC-
 10        TIVE DATE.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That Title 72, Idaho Code, be, and the same is hereby amended
 13    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 14    ter 11, Title 72, Idaho Code, and to read as follows:
                                                                        
 15                                      CHAPTER 11
 16                         PEACE OFFICER AND DETENTION OFFICER
 17                               TEMPORARY DISABILITY ACT
                                                                        
 18        72-1101.  LEGISLATIVE  INTENT. The purpose of this chapter is to provide a
 19    full salary to employees  in  certain  dangerous  occupations  who  have  been
 20    injured on the job. The legislature finds that the rights and protections pro-
 21    vided  to  peace officers and detention officers under this chapter constitute
 22    matters of statewide concern. Since these officers are employed  in  dangerous
 23    conditions,  it is necessary that this chapter be applicable to all such offi-
 24    cers wherever situated within the state of Idaho. In addition  to  the  provi-
 25    sions  of  this  chapter, state and local law enforcement agencies may provide
 26    additional monetary protections for their employees.
                                                                        
 27        72-1102.  SHORT TITLE. This chapter shall be known and may be cited as the
 28    "Peace Officer and Detention Officer Temporary Disability Act."
                                                                        
 29        72-1103.  DEFINITIONS.  As  used  in  this  chapter,  unless  the  context
 30    requires otherwise:
 31        (1)  "Detention officer" means an employee in a county jail who is respon-
 32    sible for the safety, care, protection and monitoring of county jail  inmates;
 33    and
 34        (2)  "Peace  officer" means any employee of a police or other law enforce-
 35    ment agency that is a part of or administered by the state  or  any  political
 36    subdivision  thereof  who  has the duty to arrest and whose duties include the
 37    prevention and detection of crime and the enforcement of the penal, traffic or
 38    highway laws of this state or any political  subdivision  of  this  state  and
 39    shall  include, but not be limited to, appointed chiefs, elected sheriffs, and
 40    fish and game officers.
                                                                        
                                       2
                                                                        
  1        72-1104.  COMPENSATION AND COSTS. On and after July 1, 2008,  and  subject
  2    to  available  funds in the peace officer and detention officer temporary dis-
  3    ability fund established in section 72-1105, Idaho Code:
  4        (1)  Any peace officer or detention officer employed by the state of Idaho
  5    or any city or county thereof who is injured in the performance of his or  her
  6    duties when responding to an emergency, or when in the pursuit of an actual or
  7    suspected  violator of the law, and by reason thereof is temporarily incapaci-
  8    tated from performing his or her duties and qualifies for  worker's  compensa-
  9    tion  wage  loss benefits under title 72, Idaho Code, shall be paid his or her
 10    full rate of base salary, as fixed by the state or by applicable ordinance  or
 11    resolution,  until  the  temporary  disability  arising  from  such injury has
 12    ceased. The employer shall withhold, collect and pay income tax on the  salary
 13    paid to the employee as required by chapter 30, title 63, Idaho Code. Determi-
 14    nations  and any disputes regarding entitlement to benefits under this chapter
 15    shall be decided by the industrial commission in accordance  with  the  provi-
 16    sions of title 72, Idaho Code, and commission rules.
 17        (2)  During the period for which the salary for temporary incapacity shall
 18    be  paid  by  the employer, any worker's compensation received or collected by
 19    the employee shall be remitted to the state  or  to  the  respective  city  or
 20    county,  as  applicable,  and paid into the treasury thereof. In addition, the
 21    employer shall be reimbursed for any remaining amount of salary not covered by
 22    such worker's compensation by application to the peace officer  and  detention
 23    officer  temporary  disability  fund, as established in section 72-1105, Idaho
 24    Code, pursuant to rules adopted by the industrial  commission;  provided  how-
 25    ever,  that  any  such  reimbursement from the fund shall continue only during
 26    such period as the employee qualifies for worker's compensation wage loss ben-
 27    efits under title 72, Idaho Code.
                                                                        
 28        72-1105.  FUND ESTABLISHED -- FINES -- PRIORITY --  DISPOSITION.  (1)  The
 29    peace  officer  and detention officer temporary disability fund is hereby cre-
 30    ated in the state treasury and shall be administered by the industrial commis-
 31    sion for the purpose of providing a full rate of salary for any peace  officer
 32    or detention officer who is injured  while engaged in those activities as pro-
 33    vided in section 72-1104, Idaho Code, and is thereby temporarily incapacitated
 34    from  performing his or her duties. Moneys shall be paid into the fund as pro-
 35    vided by law and shall consist of fines collected pursuant to  subsection  (2)
 36    of  this section, appropriations, gifts, grants, donations and income from any
 37    other source. Moneys in the fund may be appropriated only for the purposes  of
 38    this chapter, which shall include administrative expenses. The treasurer shall
 39    invest  all  idle moneys in the fund. Any interest earned on the investment of
 40    idle moneys shall be returned to the fund.
 41        (2)  In addition to any other fine that may be imposed  upon  each  person
 42    found guilty of criminal activity, the court shall impose a fine in the amount
 43    of  three dollars ($3.00) for each conviction or finding of guilt of each fel-
 44    ony or misdemeanor count, unless the court orders that  such  fine  be  waived
 45    only  when  the defendant is indigent and at the time of sentencing shows good
 46    cause for inability to pay and written findings to that effect are entered  by
 47    the court.
 48        (3)  Except as otherwise provided in section 72-1025, Idaho Code, the fine
 49    imposed under this section shall have priority over all other judgments of the
 50    court, except an order to pay court costs.
 51        (4)  Notwithstanding  the  provisions  of section 19-4705, Idaho Code, the
 52    fines imposed under this section shall be paid  into  the  peace  officer  and
 53    detention officer temporary disability fund.
                                                                        
                                       3
                                                                        
  1        SECTION  2.  This  act shall be in full force and effect on and after July
  2    1, 2007.
                                                                        
                                       4
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1123, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TEMPORARILY DISABLED OFFICERS; AMENDING TITLE 72, IDAHO  CODE,  BY
  3        THE  ADDITION OF A NEW CHAPTER 11, TITLE 72, IDAHO CODE, TO PROVIDE LEGIS-
  4        LATIVE INTENT, TO PROVIDE A SHORT TITLE, TO DEFINE TERMS, TO  PROVIDE  FOR
  5        THE PAYMENT OF FULL BASE SALARIES TO PEACE OFFICERS AND DETENTION OFFICERS
  6        WHO  ARE  TEMPORARILY  DISABLED,  TO PROVIDE FOR REIMBURSEMENT FOR CERTAIN
  7        MONEYS RELATING TO OFFICER SALARIES, TO ESTABLISH THE  PEACE  OFFICER  AND
  8        DETENTION OFFICER TEMPORARY DISABILITY FUND, TO PROVIDE FOR DISPOSITION OF
  9        FUND MONEYS AND TO SET FORTH PROVISIONS FOR FINES.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  3.  That Title 72, Idaho Code, be, and the same is hereby amended
 12    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 13    ter 11, Title 72, Idaho Code, and to read as follows:
                                                                        
 14                                      CHAPTER 11
 15                         PEACE OFFICER AND DETENTION OFFICER
 16                               TEMPORARY DISABILITY ACT
                                                                        
 17        72-1101.  LEGISLATIVE  INTENT. The purpose of this chapter is to provide a
 18    full salary to employees  in  certain  dangerous  occupations  who  have  been
 19    injured on the job. The legislature finds that the rights and protections pro-
 20    vided  to  peace officers and detention officers under this chapter constitute
 21    matters of statewide concern. Since these officers are employed  in  dangerous
 22    conditions,  it is necessary that this chapter be applicable to all such offi-
 23    cers wherever situated within the state of Idaho. In addition  to  the  provi-
 24    sions  of  this  chapter, state and local law enforcement agencies may provide
 25    additional monetary protections for their employees.
                                                                        
 26        72-1102.  SHORT TITLE. This chapter shall be known and may be cited as the
 27    "Peace Officer and Detention Officer Temporary Disability Act."
                                                                        
 28        72-1103.  DEFINITIONS.  As  used  in  this  chapter,  unless  the  context
 29    requires otherwise:
 30        (1)  "Detention officer" means an employee in a county jail who is respon-
 31    sible for the safety, care, protection and monitoring of county jail  inmates;
 32    and
 33        (2)  "Peace  officer" means any employee of a police or other law enforce-
 34    ment agency that is a part of or administered by the state  or  any  political
 35    subdivision  thereof  who  has the duty to arrest and whose duties include the
 36    prevention and detection of crime and the enforcement of the penal, traffic or
 37    highway laws of this state or any political  subdivision  of  this  state  and
 38    shall  include, but not be limited to, appointed chiefs, elected sheriffs, and
 39    fish and game officers.
                                                                        
 40        72-1104.  COMPENSATION AND COSTS. On and after January 1, 2008,  and  sub-
 41    ject  to  available funds in the peace officer and detention officer temporary
 42    disability fund established in section 72-1105, Idaho Code:
                                                                        
                                       5
                                                                        
  1        (1)  Any peace officer or detention officer employed by the state of Idaho
  2    or any city or county thereof who is injured by a second party, or in the per-
  3    formance of his or her duties when responding to a call, or when in  the  pur-
  4    suit of an actual or suspected violator of the law, or during the discharge or
  5    attempted  discharge  of  his  or her duties during an active investigation or
  6    community caretaking function, or while taking part in training of a  physical
  7    nature sanctioned by his or her employer, and by reason thereof is temporarily
  8    incapacitated  from  performing  his  or her duties and qualifies for worker's
  9    compensation wage loss benefits under title 72, Idaho Code, shall be paid  his
 10    or  her full rate of base salary, as fixed by the state or by applicable ordi-
 11    nance or resolution, until the temporary disability arising from  such  injury
 12    has  ceased. Determinations and any disputes regarding entitlement to benefits
 13    under this chapter shall be decided by the industrial commission in accordance
 14    with the provisions of title 72, Idaho Code, and commission rules.
 15        (2)  During the period for which the salary for temporary incapacity shall
 16    be paid by the employer, any worker's compensation received  or  collected  by
 17    the  employee  shall  be  remitted  to  the state or to the respective city or
 18    county, as applicable, and paid into the treasury thereof.  In  addition,  the
 19    employer shall be reimbursed for any remaining amount of salary not covered by
 20    such  worker's  compensation by application to the peace officer and detention
 21    officer temporary disability fund, as established in  section  72-1105,  Idaho
 22    Code,  pursuant  to  rules adopted by the industrial commission; provided how-
 23    ever, that any such reimbursement from the fund  shall  continue  only  during
 24    such period as the employee qualifies for worker's compensation wage loss ben-
 25    efits under title 72, Idaho Code.
                                                                        
 26        72-1105.  FUND  ESTABLISHED  --  FINES -- PRIORITY -- DISPOSITION. (1) The
 27    peace officer and detention officer temporary disability fund is  hereby  cre-
 28    ated in the state treasury and shall be administered by the industrial commis-
 29    sion  for the purpose of providing a full rate of salary for any peace officer
 30    or detention officer who is injured in the performance of his  or  her  duties
 31    and  is  thereby temporarily incapacitated from performing such duties. Moneys
 32    shall be paid into the fund as provided by law and shall consist of fines col-
 33    lected pursuant to subsection (2)  of  this  section,  appropriations,  gifts,
 34    grants,  donations and income from any other source. Moneys in the fund may be
 35    appropriated only for the purposes of this chapter, which shall include admin-
 36    istrative expenses. The treasurer shall invest all idle moneys  in  the  fund.
 37    Any  interest earned on the investment of idle moneys shall be returned to the
 38    fund.
 39        (2)  In addition to any other fine that may be imposed  upon  each  person
 40    found guilty of criminal activity, the court shall impose a fine in the amount
 41    of  three dollars ($3.00) for each conviction or finding of guilt of each fel-
 42    ony or misdemeanor count, unless the court orders that  such  fine  be  waived
 43    only  when  the defendant is indigent and at the time of sentencing shows good
 44    cause for inability to pay and written findings to that effect are entered  by
 45    the court.
 46        (3)  Except as otherwise provided in section 72-1025, Idaho Code, the fine
 47    imposed under this section shall have priority over all other judgments of the
 48    court, except an order to pay court costs.
 49        (4)  Notwithstanding  the  provisions  of section 19-4705, Idaho Code, the
 50    fines imposed under this section shall be paid  into  the  peace  officer  and
 51    detention officer temporary disability fund.

Statement of Purpose / Fiscal Impact


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                       STATEMENT OF PURPOSE

                            RS 16920E2

     The purpose of the Peace Officer and Detention Officer
Temporary Disability Act is to provide a full salary to employees
in certain dangerous occupations whom have been injured on the
job.



                           FISCAL NOTE

     The bill would have no impact on the State General Fund. The
bill would create a dedicated fund that would generate
approximately $210,000 in a full fiscal year. It is anticipated
that the Industrial Commission will require « FTE to administer
the dedicated fund at a cost of $30,000 per fiscal year, which
would come from the dedicated fund.




Contact
Name: Senator Curt McKenzie 
Phone: 208-332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                   1123 aa,aaH   

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