Print Friendly SENATE BILL NO. 1365
– Emergency responders/death benefits
SENATE BILL NO. 1365
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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1365
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO EMERGENCY RESPONDER DEATH BENEFITS; AMENDING CHAPTER 2, TITLE 41,
3 IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 41-270, 41-271, 41-272, 41-273
4 AND 41-274, IDAHO CODE, TO STATE LEGISLATIVE INTENT, TO DEFINE TERMS, TO
5 ESTABLISH AN EMERGENCY SERVICE PROVIDER DEATH BENEFIT, TO PROVIDE QUALI-
6 FICATION CRITERIA FOR THE DEATH BENEFIT, TO PROVIDE PAYMENT CRITERIA FOR
7 THE DEATH BENEFIT, TO PROVIDE EXCEPTIONS TO PAYMENT, TO PROVIDE FOR RULE-
8 MAKING AUTHORITY, TO PROVIDE FOR REGISTRATION FOR THE DEATH BENEFIT AND TO
9 CREATE AND PROVIDE FOR THE EMERGENCY RESPONDER FUND; AMENDING SECTION
10 41-406, IDAHO CODE, TO PROVIDE FOR PAYMENT INTO THE FUND; AND DECLARING AN
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
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
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.
16 41-272. EMERGENCY SERVICE PROVIDER DEATH BENEFIT -- RULEMAKING. (1) On or
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
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
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
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
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.
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