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S.F. No. 0121 |
Peace officers-dependents' tuition. |
Sponsored By: Senator(s) Barrasso and Representative(s) Quarberg and Walsh
AN ACT relating to peace officers; providing that dependents of peace officers who suffer a qualifying disability while in the scope of duty shall receive free university or community college tuition and fees as specified; providing for contingent conforming amendments; and providing for contingent effective dates.
1/12/2007 Bill Number Assigned
1/15/2007 S Received for Introduction
1/15/2007 S Introduced and Referred to S08
1/25/2007 S08 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Barrasso, Geis, Hastert, Johnson and Von Flatern
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
1/25/2007 S Placed on General File
Page 1-line 9 After "(b)" delete "and" insert ","; after "(d)" insert "and by creating a new subsection (e)".
Page 2-line 6 After "who" insert "because of a duty connected illness or injury has".
Page 2-line 7 Delete "became totally disabled" insert "has permanent total disability" and strike balance of line.
Page 2-line 8 After "his" strike balance of line.
Page 2-line 9 Strike "the state".
Page 2-line 20 After "or" insert "permanent".
Page 2-line 24 After "or" insert "permanent".
Page 3-line 5 Before "disabled" insert "permanently totally".
Page 3-line 9 After "became" insert "permanently"; after "disabled" insert "because of a duty connected illness or injury" and strike balance of line.
Page 3-line 10 Strike through "duties".
Page 3-line 19 After "became" insert "permanently"; after "disabled" insert "because of a duty connected illness or injury".
Page 3-line 20 Strike through "duties".
Page 3-After line 23 Insert:
"(e) As used in this section:
(i) "Duty connected" means an illness, injury or disability from an injury or disease which results primarily from a specific act or occurrence determinable by a definite time or place, from a physical or mental trauma which arises from the nature and in the course of a person's law enforcement employment; and
(ii) "Permanent total disability" means as defined by W.S. 27-14-102(a)(xvi).". BARRASSO, CHAIRMAN.
1/26/2007 S Passed CoW
1/29/2007 S Laid Back Without Prejudice
Delete the Senate Standing Committee Amendment (SF0121SS001/A) entirely and further amend as follows:
Page 2-line 7 Delete "became totally disabled" insert "suffered a qualifying disability".
Page 2-line 20 Delete "total" insert "qualifying".
Page 2-line 24 Delete "total" insert "qualifying".
Page 3-line 9 Delete "became totally disabled" insert "suffered a qualifying disability".
Page 3-line 13 After "under" insert "subsection (a) of".
Page 3-line 18 After "presumed" insert ": (i)".
Page 3-line 19 After "died" delete balance of line.
Page 3-line 21 Delete through "benefits".
Page 3-line 22 Delete "or injury".
Page 3-line 23 After "pursuant to" insert "W.S. 9-3-432(j), 9-3-613 or 15-5-309 or"; after "Act" strike "." and insert "; and".
Page 3-After line 24 Insert:
"(ii) That the peace officer suffered a qualifying disability if:
(A) The peace officer's disability was caused by a specific injury or disease which results primarily from a specific act or occurrence determinable by a definite time or place, from a physical or mental trauma which arises from the nature and in the course of the peace officer's scope of employment;
(B) The disabled peace officer is unable to continue in the performance of his duties as a peace officer; and
(C) The peace officer is receiving retirement benefits for partial or total disability incurred in the scope of employment pursuant to W.S. 9-3-432(h)(i), 9-3-611(a) or 15-5-308(a) or the Wyoming Worker's compensation act.". PERKINS, BARRASSO, FECHT
1/30/2007 S Passed 2nd Reading
1/31/2007 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Burns, Case, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Excused: Senator(s) Peck
Ayes 29 Nays 0 Excused 1 Absent 0 Conflicts 0
2/2/2007 H Received for Introduction
2/6/2007 H Introduced and Referred to H03
2/9/2007 H03 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Anderson, R., Esquibel, K., Lubnau, Miller, Semlek, Walsh and Zwonitzer, Dv.
Nays: Representative(s) Gilmore and Madden.
Ayes 7 Nays 2 Excused 0 Absent 0 Conflicts 0
2/9/2007 H Placed on General File
SF0121HS001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 2 Delete "totally disabled" insert "who suffer a qualifying disability".
Page 1-line 14 Delete "totally". ANDERSON, R., CHAIRMAN
2/15/2007 H Passed CoW
SF0121H2001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 9 Delete "and" insert ","; after "(d)" insert "and by creating a new subsection (f)".
Page 4-After line 20 Insert:
"(f) Free tuition and fees authorized under this section shall not be provided to a person claiming eligibility for such benefits if the free tuition or fees would cause a reduction in any benefits the person would otherwise receive under federal law.". LUBNAU
2/16/2007 H Passed 2nd Reading
2/20/2007 H Laid Back Pursuant to HR 9-3
SF0121H3002/ADOPTED (TO ENGROSSED COPY)
Page 1-line 4 After "specified;" insert "providing for contingent conforming amendments;" delete "an" insert "contingent".
Page 1-line 5 Delete "date" insert "dates".
Page 4-line 22 Delete entirely and insert:
"Section 2. W.S. 21-16-1501 as created by 2007 House Bill 112, by creating a new subsection (h) is amended to read:
21-16-1501. Free tuition and fees for education of survivors of deceased peace officers, firefighters and emergency medical technicians.
(h) The benefits provided in subsections (a) through (g) of this section shall be provided to the dependents of a peace officer who has qualified pursuant to W.S. 9-1-701 through 9-1-709 and who suffered a qualifying disability while acting within the scope of his duties in the service of a law enforcement agency in the state. Limitations on benefits under subsections (a) through (g) of this section shall be applicable to benefits under this subsection and references to the decedent's death shall be construed as references to the qualifying disability. For purposes of this subsection it shall be conclusively presumed that a peace officer suffered a qualifying disability if:
(i) The peace officer's disability was caused by a specific injury or disease which results primarily from a specific act or occurrence determinable by a definite time or place, from a physical or mental trauma which arises from the nature and in the course of the peace officer's scope of employment;
(ii) The disabled peace officer is unable to continue in the performance of his duties as a peace officer; and
(iii) The peace officer is receiving retirement benefits for partial or total disability incurred in the scope of employment pursuant to W.S. 9-3-432(h)(i), 9-3-611(a) or 15-5-308(a) or the Wyoming Worker's Compensation Act.
Section 3.
(a) Section 1 of this act is effective only if 2007 House Bill 112 is not enacted into law. If section 1 of this act becomes effective it shall be effective as of July 1, 2007.
(b) Section 2 of this act is effective only if 2007 House Bill 112 is enacted into law. If section 2 of this act becomes effective it shall be effective upon the effective date of this act as provided in section 4 of this act.
Section 4. This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.". WALSH, QUARBERG
2/21/2007 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Blake, Brown, Buchanan, Childers, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Gingery, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lubnau, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Throne, Wallis, Walsh, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Alden, Berger, Brechtel and Madden
Excused: Representative(s) Lockhart
Ayes 55 Nays 4 Excused 1 Absent 0 Conflicts 0
2/21/2007 S Did Concur
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Burns, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Jennings, Job, Johnson, Larson, Massie, Meier, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend and Vasey
Nays: Senator(s) Case, Hines, Mockler and Von Flatern
Excused: Senator(s) Peck
Ayes 25 Nays 4 Excused 1 Absent 0 Conflicts 0
2/21/2007 Assigned Number SEA No. 0047
2/21/2007 S President Signed SEA No. 0047
2/22/2007 H Speaker Signed SEA No. 0047
2/23/2007 Governor Signed SEA No. 0047
2/23/2007 Assigned Chapter Number
Chapter No. 0096 Session Laws of Wyoming 2007.