Tuition-dependents of disabled firefighters and EMTs.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0022

HOUSE BILL
NO.
HB0034

Tuition-
dependents
of disabled
firefighters and EMTs.

Sponsored by:

Representative(s) Walsh, Bagby, Esquibel, F., Esquibel, K., Slater and White and Senator(s) Cooper, Fecht and Peterson

A BILL

for

AN ACT relating to
education; providing free tuition and fees for dependents of
disabled
firefighters and emergency medical technicians
as specified
;
and providing for an effective date.

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

Section 1.

W.S. 21
‑
16
‑
1501(a)
, (b),
(c)
(intro), (i)
,
(ii), (h)
and by creating a new subsection (j)

is
amended to read:

ARTICLE 15
TUITION AND FEES FOR SURVIVORS OR DEPENDENTS OF EMERGENCY RESPONDERS
21
‑
16
‑
1501.

Free tuition and fees for education of survivors
or dependents
of deceased
or disabled
peace officers, firefighters and emergency medical technicians.

(a)

The
University
of
Wyoming
or any
Wyoming
community college for up to ten (10) semesters shall provide free tuition and fees for any person who is a surviving dependent of any person described in subsection (g) of this section

or the dependent of any disabled person described in subsection (h) of this section
. 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.

(b)

In order to qualify for the benefit under this section, a person claiming eligibility for free tuition and fees under this section shall be under twenty-two (22) years of age at the time of the death of the parent or legal guardian described in subsection (g) of this section
or at the time of the qualifying disability described in subsection (
j
) of this section,

and at the time of first enrollment claiming eligibility for benefits under this section. No person shall be eligible for the benefits provided under this section for any semester commencing more than eight (8) academic years after the semester in which the person initially receives benefits under this section. The institution in which the student enrolls shall grant exceptions to the requirements of this subsection for military service, religious service or other good cause shown, which exceptions shall be consistent with rules promulgated by the Wyoming department of education for the Hathaway scholarship program under W.S. 21
‑
16
‑
1303(b)(iii)(B) and (d).

(c)

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
of
Wyoming
or the
Wyoming
community college where the person applied for enrollment shall:

(i)

Determine whether the
decedent

deceased or disabled person
was an individual specified in
subsection

(g)
or
(h)

of this section;

(ii)

Determine whether the
decedent

person
died
or suffered a qualifying disability

while acting within the scope of his duties; and

(h)

The benefits provided in subsections (a) through (g) of this section shall be provided to the dependents of
the following:

(i)

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
;
.

(ii)

A paid or volunteer firefighter who
suffered a qualifying disability
while acting within the scope of his duties in the service of a paid or volunteer fire department or district in the state;

(iii)

A paid or volunteer emergency medical technician who
suffered a qualifying disability
while acting within the scope of his duties in the service of a paid or volunteer ambulance service in the state, when responding at the request of a public agency to assist in a civil or military emergency, or natural or human caused disaster.

(j)

Limitations on benefits under subsections (a) through
(g)
of this section shall be applicable to benefits under
this
subsection

(h) of this section
and references to the decedent's death shall be construed as references to the qualifying disability. For purposes of
this
subsection
(h) of this section,

it shall be conclusively presumed that
a peace officer

the person
suffered a qualifying disability if:

(i)

The
peace officer's

person'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

person's
scope of employment;

(ii)

The disabled
peace officer

person
is unable to continue in the performance of his duties
;
as a peace officer
and

(iii)

The
peace officer

person
is receiving retirement benefits for partial or total disability incurred in the scope of employment
, including payments made
pursuant to W.S.
9
‑
3
‑
431(f),

9
‑
3
‑
432(h)(i), 9
‑
3
‑
611(a) or 15
‑
5
‑
308(a) or the Wyoming Worker's Compensation Act.

Section 2.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
HB0034