2008 Legislation
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SENATE BILL NO. 1365<br /> – Emergency responders/death benefits


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S1365.......................................by COMMERCE AND HUMAN RESOURCES
EMERGENCY SERVICE PROVIDERS - Amends and adds to existing law to provide
legislative intent; to define terms; to establish an Emergency Service
Provider Death Benefit; to provide qualification criteria for the death
benefit; to provide payment criteria for the death benefit; to provide
exceptions to payment; to provide for rulemaking authority; to provide for
registration for the death benefit; to create and provide for the Emergency
Responder Fund; and to provide for payment into the fund.

02/01    Senate intro - 1st rdg - to printing
02/04    Rpt prt - to Com/HuRes

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                                    SENATE BILL NO. 1365


  1                                        AN ACT
  3        IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 41-270, 41-271, 41-272, 41-273
 11        EMERGENCY.

 12    Be It Enacted by the Legislature of the State of Idaho:

 13        SECTION 1.  That Chapter 2, Title 41, Idaho Code,  be,  and  the  same  is
 14    hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
 15    nated  as  Sections 41-270, 41-271, 41-272, 41-273 and 41-274, Idaho Code, and
 16    to read as follows:

 17        41-270.  LEGISLATIVE  INTENT.  The  purpose  of  sections  41-270  through
 18    41-274, Idaho Code, is to provide a death benefit to the families of emergency
 19    responders. Nothing in these sections is deemed to supersede any  other  bene-
 20    fits  provided to emergency responders under the charters, ordinances or rules
 21    of political subdivisions of this state. However, the death  benefit  provided
 22    for in this act is not intended to be in addition to the public safety officer
 23    death  benefits  provided  for  in  section  59-1361A, Idaho Code. This act is
 24    intended to strengthen the legally organized law enforcement agencies, legally
 25    organized fire departments and licensed  emergency  medical  service  provider
 26    organizations through the creation of an incentive for the emergency responder
 27    to respond to emergency calls.

 28        41-271.  DEFINITIONS.  As  used  in  sections 41-270 through 41-274, Idaho
 29    Code:
 30        (1)  "Death occurred in the line of duty" means the death of the emergency
 31    responder, whether by accident or by deliberate act, occurring  while  engaged
 32    in, or as the direct and proximate result of, the performance of the emergency
 33    responder's  duties  as a bona fide member of a legally organized law enforce-
 34    ment agency, legally organized fire department or a licensed emergency medical
 35    service provider organization, including participating in training activities.
 36    Death as a result of a heart attack or stroke shall be presumed to be  in  the
 37    line  of  duty  if  the emergency responder engaged in nonroutine stressful or
 38    strenuous physical emergency response activities or training  exercises  while
 39    on  duty  or not later than twenty-four (24) hours after so engaging, and such
 40    presumption is not overcome by competent medical  evidence  to  the  contrary.
 41    "Nonroutine  stressful  or strenuous physical" excludes actions of a clerical,
 42    administrative or nonmanual nature.


  1        (2)  "Dependent child" means a surviving natural or legally adopted  child
  2    who  is  under  twenty-one  (21)  years  of  age  at the time of the emergency
  3    responder's death. Benefits to dependent children shall be paid in  accordance
  4    with the provisions of the Idaho uniform transfers to minors act, as set forth
  5    in  chapter  8,  title  68,  Idaho Code; provided that when there are multiple
  6    dependent children, the benefit shall be divided equally among them.
  7        (3)  "Emergency responder" means a firefighter or peace officer, or certi-
  8    fied personnel as that term is defined in section 56-1012, Idaho Code, who  is
  9    a  bona  fide  member  of  a legally organized law enforcement agency, legally
 10    organized fire department or a licensed  emergency  medical  service  provider
 11    organization.
 12        (4)  "Volunteer" means an individual contributing services without receiv-
 13    ing  compensation as a bona fide member of a legally organized law enforcement
 14    agency, legally organized fire department or a licensed emergency medical ser-
 15    vice provider organization.

 17    after July 1, 2008, in the event an emergency responder dies as the direct and
 18    proximate result of a personal injury sustained in the line of duty,  a  death
 19    benefit  in  an  amount  not to exceed one hundred thousand dollars ($100,000)
 20    shall be payable as provided in this section to the emergency responder's sur-
 21    viving spouse or, in the event there is no surviving spouse, to the  emergency
 22    responder's dependent child or children.
 23        (2)  To  qualify  for  the  death benefit provided under subsection (1) of
 24    this section, the emergency service provider must  have  died  after  July  1,
 25    2008,  and  must have been registered with the Idaho fire marshal prior to the
 26    death, as provided for in section 41-273, Idaho Code. In addition, there  must
 27    be presented to the Idaho fire marshal within six (6) months of the death:
 28        (a)  The emergency responder's death certificate;
 29        (b)  A  written  approval signed by the administrative head of the legally
 30        organized law enforcement agency, legally  organized  fire  department  or
 31        licensed emergency medical service provider organization, stating that the
 32        death of the emergency responder occurred in the line of duty; and
 33        (c)  A copy of the autopsy report.
 34        (3)  The  Idaho  fire marshal shall make payment of the death benefit pro-
 35    vided for in this section within fourteen (14) days of receiving the  documen-
 36    tation  required  under subsection (2) of this section. Provided however, that
 37    no death benefit is payable under this  section  if  the  Idaho  fire  marshal
 38    determines that:
 39        (a)  The  emergency responder's death was caused by intentional misconduct
 40        of the emergency responder or by such  emergency  responder's  intentional
 41        self-infliction of injury;
 42        (b)  At  the time of death the emergency responder was voluntarily intoxi-
 43        cated; or
 44        (c)  At the time of death the emergency service  provider  was  under  the
 45        influence  of  an  intoxicating  substance  other than alcohol, unless the
 46        intoxicating substance was prescribed by a physician and was taken at  the
 47        prescribed dosage.
 48        (4)  The death benefit payable under this section:
 49        (a)  Is separate from and independent of any benefit payable under chapter
 50        4, title 72, Idaho Code;
 51        (b)  Is  not  dependent  upon the years of service or the age of the emer-
 52        gency responder;
 53        (c)  Shall be, upon receipt, the final settlement of all claims for  bene-
 54        fits  which  the  surviving spouse or the surviving child or children have


  1        against the emergency responder fund; and
  2        (d)  Shall not be subject to taxation under chapter 30,  title  63,  Idaho
  3        Code.
  4        (5)  The  death  benefit provided for in this section shall not be paid to
  5    the family of an emergency responder who is eligible  for  the  public  safety
  6    officer death benefit provided for in section 59-1361A, Idaho Code.
  7        (6)  The  Idaho  fire marshal shall promulgate rules to implement sections
  8    41-270 through 41-274, Idaho Code.

  9        41-273.  REGISTRATION. Each  legally  organized  law  enforcement  agency,
 10    legally organized fire department, including each volunteer fire department as
 11    defined  in section 6-2402, Idaho Code, assistant to the state fire marshal as
 12    provided in section 41-256, Idaho Code, and licensed emergency medical service
 13    provider organization shall, prior to July 1, 2008,  provide  a  list  to  the
 14    Idaho  fire  marshal of each emergency responder, whether volunteer, part-time
 15    or full-time, who provides emergency services to it. This list may be  updated
 16    as  frequently  as necessary. An emergency responder whose name appears on the
 17    list submitted to the Idaho fire marshal shall be deemed registered.

 18        41-274.  EMERGENCY RESPONDER FUND. (1) There  is  hereby  created  in  the
 19    department  of  insurance,  division  of  state  fire  marshal,  the emergency
 20    responder fund. Annually, pursuant to section 41-406(1)(d),  Idaho  Code,  one
 21    hundred thousand dollars ($100,000) shall be paid into the fund; provided that
 22    while   the   balance  in  the  fund  is  greater  than  one  million  dollars
 23    ($1,000,000), no additional payment shall be required. The state treasurer  is
 24    authorized  to  invest  all idle moneys in the fund and the interest earned on
 25    such investment shall be returned to the fund.
 26        (2)  Moneys in  the  fund  are  continuously  appropriated  and  shall  be
 27    expended  to  pay the emergency responder death benefit as provided in section
 28    41-272, Idaho Code.
 29        (3)  The death benefit payable from the fund shall be limited to the  fund
 30    balance.  In  the  event that there are multiple qualifying claims against the
 31    fund that, if paid to the one hundred thousand dollar ($100,000) limit,  would
 32    exceed  the fund balance, the state fire marshal shall divide the fund balance
 33    between the qualifying claims.
 34        (4)  In the event that the Idaho fire marshal determines  that  there  are
 35    risks  arising  under  the provisions of sections 41-270 through 41-274, Idaho
 36    Code, which may be insured against loss to the emergency responder  fund,  the
 37    Idaho  fire  marshal  is  hereby authorized, at his discretion, to insure such
 38    risks. In the event of such insurance, the premiums  therefor  shall  be  paid
 39    from the fund; provided however, that such insurance shall not in any event be
 40    insurance  of  any  individual  but  exclusively  insurance of the fund itself
 41    against loss.

 42        SECTION 2.  That Section 41-406, Idaho Code, be, and the  same  is  hereby
 43    amended to read as follows:

 44        41-406.  DEPOSIT  AND REPORT OF FEES, LICENSES AND TAXES. (1) The director
 45    shall transmit all taxes, fines and penalties collected by him  to  the  state
 46    treasurer  as  provided  under section 59-1014, Idaho Code. The director shall
 47    file with the state controller a statement of each deposit thus made. All such
 48    funds received shall be deposited into the department  of  insurance  suspense
 49    account.
 50        Such funds shall be distributed as follows:
 51        (a)  The  director  may  deposit  up  to twenty percent (20%) of the funds


  1        received in the insurance refund account which is hereby created  for  the
  2        purpose  of  repaying  overpayments  of any taxes, fines, and penalties or
  3        other erroneous receipts. There is hereby appropriated out of  the  insur-
  4        ance  refund account so much thereof as shall be necessary for the payment
  5        of refunds. Any unencumbered balance remaining in   the  insurance  refund
  6        account on June 30 of each and every year in excess of forty thousand dol-
  7        lars ($40,000) shall be transferred to the general fund and the state con-
  8        troller  is  hereby  authorized  and  directed  on such dates to make such
  9        transfers unless the board of examiners, which is hereby authorized to  do
 10        so, changes the date of transfer or sum to be transferred.
 11        (b)  That  portion  of  the  premium  tax,  payable to the public employee
 12        retirement fund as provided in section 59-1394, Idaho Code, shall be  dis-
 13        tributed to that fund.
 14        (c)  That  portion  of  the  premium tax necessary to cover administrative
 15        costs incurred by the department in placing  insurance  companies  or  any
 16        other  insurance entities into receivership or under administrative super-
 17        vision, and such costs cannot be satisfied from the assets of these compa-
 18        nies or entities, shall be distributed to the insurance insolvency  admin-
 19        istrative  fund  which is hereby created. There is hereby appropriated out
 20        of the insurance insolvency administrative fund so much thereof  as  shall
 21        be necessary, but not to exceed two hundred thousand dollars ($200,000) in
 22        any  one  (1) fiscal year, for the payment of the department's administra-
 23        tive expenses incurred in carrying out such receiverships or  supervision.
 24        A  balance  of one hundred thousand dollars ($100,000) shall be maintained
 25        in this fund on June 30 of each year.
 26        (d)  After all other deductions authorized in this section have been made,
 27        if  the  premium  tax  remaining  exceeds   forty-five   million   dollars
 28        ($45,000,000),  one hundred thousand dollars ($100,000) is hereby annually
 29        appropriated and shall be paid to the  emergency  responder  fund  created
 30        pursuant  to section 41-274, Idaho Code, provided that the balance in said
 31        fund is not greater than  one  million  dollars  ($1,000,000),  one-fourth
 32        (1/4)  of  such  any  remaining excess is hereby appropriated and shall be
 33        paid to the Idaho high risk individual  reinsurance  pool  established  in
 34        chapter  55,  title  41,  Idaho  Code, and one-fourth (1/4) of such excess
 35        above fifty-five million dollars ($55,000,000) is hereby appropriated  and
 36        shall  be paid to the Idaho health insurance access card fund, established
 37        in section 56-242, Idaho Code, with eighty percent (80%) of such moneys to
 38        be appropriated to the CHIP Plan B subaccount and  the  children's  access
 39        card  program  subaccount  and twenty percent (20%) of such moneys, not to
 40        exceed one million two hundred thousand dollars ($1,200,000) per year,  to
 41        be  appropriated  to  the  small  business  health insurance pilot program
 42        subaccount.
 43        (e)  The balance of the premium tax, fines and penalties shall be distrib-
 44        uted to the general fund of the state of Idaho.
 45        (f)  All moneys received for fees, licenses and miscellaneous charges col-
 46        lected shall be distributed to the insurance administrative account.
 47        (2)  The director shall make and file with the state controller  an  item-
 48    ized  statement of the fees, licenses, taxes, fines and penalties collected by
 49    him during the preceding month, and shall deliver  a  certified  copy  of  the
 50    statement to the state treasurer.

 51        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
 52    declared to exist, this act shall be in full force and effect on and after its
 53    passage and approval.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 17485C1
The purpose of this legislation is to provide Volunteer Emergency
Responders with a $100,000 line of duty death benefit by
establishing the Volunteer Emergency Responder Fund.

                          FISCAL IMPACT
An annual appropriation of one hundred thousand dollars
($100,000) will be paid from the insurance premium tax to the
Volunteer Emergency Responder Fund and will reduce general fund
revenues by one hundred thousand dollars ($100,000). The balance
in the Volunteer Emergency Responder Fund will be capped at one
million dollars ($1,000,000).

Senator Stan Bastian
Senator Joyce Broadsword
Representative Les Bock
Representative Eric Anderson

Idaho Volunteer Fire and Emergency Services Association
Greg Redden, Executive Director - Phone: 1 800-347-3546

STATEMENT OF PURPOSE/FISCAL NOTE                          S 1365