Disabled or deceased peace officers.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0560

HOUSE BILL
NO.
HB0291

Disabled or deceased peace officers.

Sponsored by:
Representative(s) Walsh, Davison, Esquibel, F., Gentile, Quarberg and White and Senator(s) Barrasso, Fecht and Job

A BILL

for

AN ACT relating to peace officers; providing that dependents of peace officers totally disabled while in the scope of duty shall receive free university or community college tuition and fees as specified; providing that surviving spouses and minor dependents of peace officers killed or totally disabled while in the scope of duty shall remain eligible for employer provided health insurance as specified; amending and providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 7
‑
2
‑
108(a), (b), (d) and by creating a new subsection (f) is amended to read:

7
‑
2
‑
108.

S
urvivors of deceased peace officers and dependents of totally disabled peace officers; free tuition and fees; continuation of health insurance.

(a)

The University of Wyoming for up to ten (10) semesters and each community college for up to a total of six (6) semesters of study at the community college level shall provide free tuition and fees for any person who is a surviving dependent of a peace officer who has qualified pursuant to W.S. 9
‑
1
‑
701 through 9
‑
1
‑
709 and who died
or was disabled to such an extent that he was unable to continue in the performance of his duties as a peace officer,
while acting within the scope of his duties in the service of a law enforcement agency in the state. If the surviving dependent first enrolls in a community college and then transfers to another community college or the University of Wyoming, the free tuition and fees shall continue until the dependent has completed a cumulative total of ten (10) semesters at the community college level and the university, not to exceed six (6) semesters at the community college level.

(b)

In order to qualify for the benefit under this section, a person claiming eligibility for free tuition and fees under
subsection (a) of
this section shall be under twenty-two (22) years of age at the time of the death
or qualifying disability
of the parent or other person responsible for the support of the applicant. Upon application by a person claiming eligibility for free tuition and fees under this section because of the death
or qualifying disability
of a parent or legal guardian, the university or community college where the person applied for enrollment shall:

(i)

Determine whether the
decedent
deceased or disabled peace officer
was an individual specified in subsection (a) of this section;

(ii)

Determine whether the
decedent
peace officer
died
or became disabled
while acting within the scope of his duties; and

(iii)

Certify whether the person claiming eligibility for free tuition and fees under
subsection (a) of
this section is qualified to receive free tuition and fees under this section.

(d)

For purposes of paragraph (b)(ii)
and subsection (e)
of this section, it shall be conclusively presumed
:

(i)

T
hat the
decedent
peace officer
died while acting within the scope of duties if death benefits were paid as a result of the
peace officer's
death
in the scope of employment
to any person pursuant to
W.S. 9
‑
3
‑
432(j), 9
‑
3
‑
613 or 15
‑
5
‑
309 or
the Wyoming Worker's Compensation Act
;
.

(ii)

That the peace officer became disabled to such an extent that he was unable to continue in the performance of his duties as a peace officer if the 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.

(f)

The employer at the date of a peace officer's death or qualifying disability shall continue to offer health insurance to the officer's surviving spouse and minor dependents, subject to the following:

(i)

The officer has qualified pursuant to W.S. 9
‑
1
‑
701 through 9
‑
1
‑
709;

(ii)

The officer died or became disabled to such an extent that he was unable to continue in the performance of his duties as a peace officer, while acting within the scope of duties in the service of a law enforcement agency in the state;

(iii)

The health insurance shall be offered on the same terms and at the same cost as is offered to spouses and minor dependents of peace officers currently employed by the employer;

(iv)

The employer shall continue to offer health insurance as provided in this subsection:

(A)

To a surviving spouse until the spouse remarries or becomes eligible for group health insurance or a group health insurance arrangement provided in connection with a policy, plan or program sponsored by an employer and subject to regulation as a group health plan under federal or state law, even though the employer coverage is declined;

(B)

To a surviving minor dependent until the age of majority or until the age of twenty-three (23) if the surviving minor dependent is attending a university, college or community college on a full-time basis.

Section 2.

This act is effective July 1, 2007.

(END)

1
HB0291