This document includes House Committee Amendments incorporated into the bill on Tue, Feb 17, 2015 at 10:44 AM by jeyring.
Senator Curtis S. Bramble proposes the following substitute bill:





Chief Sponsor: Curtis S. Bramble

House Sponsor: Mike K. McKell


9     General Description:
10          This bill modifies provisions relating to state institution of higher education tuition
11     waivers for a surviving family member of a police officer or firefighter killed in the line
12     of duty.
13     Highlighted Provisions:
14          This bill:
15          ▸     modifies provisions relating to state institution of higher education tuition waivers
16     for a surviving family member of a police officer or firefighter killed in the line of
17     duty; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53B-8c-102, as last amended by Laws of Utah 1998, Chapter 282

26          53B-8c-103, as last amended by Laws of Utah 1998, Chapter 282

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 53B-8c-102 is amended to read:
30          53B-8c-102. Definitions.
31          As used in this chapter:
32          (1) "Child" means an individual who:
33          (a) is a natural or adopted child of a deceased peace officer or deceased firefighter; and
34          (b) was under the age of 25 at the time of the peace officer's or firefighter's death.
35          (2) "Department" means the Department of Public Safety.
36          (3) Ĥ→ (a) ←Ĥ "Fees" means Ĥ→ [
charges,] general course fees, ←Ĥ in addition to
36a     tuition, that are:
37          Ĥ→ [
(a)] (i) ←Ĥ imposed by a state institution of higher education; and
38          Ĥ→ [
(b)] (ii) ←Ĥ required to be paid by a student to Ĥ→ [enroll in the state institution of
38a     higher education
39     or
] ←Ĥ engage in a course of study at the state institution of higher education.
39a      Ĥ→ (b) "Fees" does not include a special course fee. ←Ĥ
40          [(3)] (4) "Killed" means that the peace officer's or firefighter's death is the direct and
41     proximate result of a traumatic injury incurred in the line of duty.
42          [(4)] (5) "Line of duty" means an action that a peace officer or firefighter is obligated
43     or authorized to perform by rule, regulation, condition of employment or service, or law,
44     including a social, ceremonial, or athletic function that the peace officer or firefighter is
45     assigned to or compensated for by the public agency being served.
46          [(5)] (6) "Occupational disease" means a disease that routinely constitutes a special
47     hazard in, or is commonly regarded as concomitant of, the peace officer's or firefighter's
48     occupation.
49          [(6)] (7) "State institution of higher education" means those institutions designated in
50     Section 53B-1-102.
51          [(7)] (8) "Traumatic injury" means a wound or the condition of the body caused by
52     external force, including an injury inflicted by bullet, explosive, sharp instrument, blunt object,
53     or other physical blow, fire, smoke, chemical, electricity, climatic condition, infectious disease,
54     radiation, or bacteria, but excluding an occupational disease.
55          [(8)] (9) "Tuition" means tuition and fees at the rate charged for residents of the state.
56          [(9)] (10) (a) "Utah firefighter" or "firefighter" means a member, including volunteer
57     members and members paid on call, of a fire department or other organization that provides
58     fire suppression and other fire-related services, of a political subdivision who is responsible for
59     or is in a capacity that includes responsibility for the extinguishment of fires.
60          (b) "Utah firefighter" or "firefighter" does not include a person whose job description,
61     duties, or responsibilities do not include direct involvement in fire suppression.
62          [(10)] (11) "Utah peace officer" or "peace officer" means an employee of a law
63     enforcement agency that is part of or administered by the state or any of its political
64     subdivisions, and whose duties consist primarily of the prevention and detection of crime and
65     the enforcement of criminal statutes or ordinances of this state or any of its political
66     subdivisions.
67          Section 2. Section 53B-8c-103 is amended to read:
68          53B-8c-103. Tuition waivers for surviving spouses and children of police officers
69     and firefighters killed in the line of duty -- Qualifications -- Limitations.
70          (1) Beginning in the 1997-98 academic year, and subject to the limitations in
71     Subsections (2), (3), and (4) of this section, a state institution of higher education shall waive
72     tuition for each child and surviving spouse of a Utah peace officer or Utah firefighter who has
73     been killed or is killed in the line of duty if the individual meets the following requirements:
74          (a) applies, qualifies, and is admitted as a full-time, part-time, or summer school
75     student in a program of study leading to a degree or certificate;
76          (b) is a resident student of the state as determined under Section 53B-8-102;
77          (c) applies to the department for a waiver of tuition under this chapter and provides
78     evidence satisfactory to the department that:
79          (i) the applicant is the surviving spouse or child of a peace officer or firefighter who
80     was killed in the line of duty;
81          (ii) the course or courses for which the applicant is seeking a tuition waiver meet the
82     requirements of Subsection (2); and
83          (iii) the applicant meets the other requirements of this section;
84          (d) for a child of a peace officer or firefighter killed in the line of duty, applies under
85     Subsection (1)(c) for the first time before the age of 25;
86          [(e) is certified by the financial aid officer at the higher education institution as needing
87     the tuition waiver in order to meet recognized educational expenses, with the understanding

88     that if the applicant's family income, excluding any income from death benefits attributable to
89     the peace officer's or firefighter's death, is below 400% of the poverty level under federal
90     poverty guidelines, income from any death benefits accruing to the applicant as a result of the
91     death may not be counted as family income in determining financial need under this Subsection
92     (1)(e);]
93          [(f)] (e) maintains satisfactory academic progress, as defined by the institution of
94     higher education, for each term or semester in which the individual is enrolled, which may be
95     measured by the definition used for federal student assistance programs under Title IV of the
96     Higher Education Act of 1965; and
97          [(g)] (f) has not achieved a bachelor's degree and has received tuition reimbursement
98     under this chapter for less than 124 semester credits or 180 quarter credits at an institution of
99     higher education.
100          (2) A child or surviving spouse of a peace officer or firefighter who was killed in the
101     line of duty is eligible for a tuition waiver under this section of not more than nine semesters or
102     the equivalent number of quarters.
103          (3) Tuition shall be waived only to the extent that the tuition is not covered or paid by
104     any scholarship, trust fund, statutory benefit, or any other source of tuition coverage available
105     for a waiver under this chapter.
106          (4) An institution of higher education shall waive tuition under this chapter only for
107     courses that are applicable toward the degree or certificate requirements of the program in
108     which the child or surviving spouse is enrolled.