8 LONG TITLE
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:
21 Other Special Clauses:
23 Utah Code Sections Affected:
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) (a) "Fees" means general course fees, in addition to tuition, that are:
37 (i) imposed by a state institution of higher education; and
38 (ii) required to be paid by a student to engage in a course of study at the state
39 institution of higher education.
40 (b) "Fees" does not include a special course fee.
42 proximate result of a traumatic injury incurred in the line of duty.
44 or authorized to perform by rule, regulation, condition of employment or service, or law,
45 including a social, ceremonial, or athletic function that the peace officer or firefighter is
46 assigned to or compensated for by the public agency being served.
48 hazard in, or is commonly regarded as concomitant of, the peace officer's or firefighter's
51 Section 53B-1-102.
53 external force, including an injury inflicted by bullet, explosive, sharp instrument, blunt object,
54 or other physical blow, fire, smoke, chemical, electricity, climatic condition, infectious disease,
55 radiation, or bacteria, but excluding an occupational disease.
58 members and members paid on call, of a fire department or other organization that provides
59 fire suppression and other fire-related services, of a political subdivision who is responsible for
60 or is in a capacity that includes responsibility for the extinguishment of fires.
61 (b) "Utah firefighter" or "firefighter" does not include a person whose job description,
62 duties, or responsibilities do not include direct involvement in fire suppression.
64 enforcement agency that is part of or administered by the state or any of its political
65 subdivisions, and whose duties consist primarily of the prevention and detection of crime and
66 the enforcement of criminal statutes or ordinances of this state or any of its political
68 Section 2. Section 53B-8c-103 is amended to read:
69 53B-8c-103. Tuition waivers for surviving spouses and children of police officers
70 and firefighters killed in the line of duty -- Qualifications -- Limitations.
71 (1) Beginning in the 1997-98 academic year, and subject to the limitations in
72 Subsections (2), (3), and (4) of this section, a state institution of higher education shall waive
73 tuition for each child and surviving spouse of a Utah peace officer or Utah firefighter who has
74 been killed or is killed in the line of duty if the individual meets the following requirements:
75 (a) applies, qualifies, and is admitted as a full-time, part-time, or summer school
76 student in a program of study leading to a degree or certificate;
77 (b) is a resident student of the state as determined under Section 53B-8-102;
78 (c) applies to the department for a waiver of tuition under this chapter and provides
79 evidence satisfactory to the department that:
80 (i) the applicant is the surviving spouse or child of a peace officer or firefighter who
81 was killed in the line of duty;
82 (ii) the course or courses for which the applicant is seeking a tuition waiver meet the
83 requirements of Subsection (2); and
84 (iii) the applicant meets the other requirements of this section;
85 (d) for a child of a peace officer or firefighter killed in the line of duty, applies under
86 Subsection (1)(c) for the first time before the age of 25;
95 higher education, for each term or semester in which the individual is enrolled, which may be
96 measured by the definition used for federal student assistance programs under Title IV of the
97 Higher Education Act of 1965; and
99 under this chapter for less than 124 semester credits or 180 quarter credits at an institution of
100 higher education.
101 (2) A child or surviving spouse of a peace officer or firefighter who was killed in the
102 line of duty is eligible for a tuition waiver under this section of not more than nine semesters or
103 the equivalent number of quarters.
104 (3) Tuition shall be waived only to the extent that the tuition is not covered or paid by
105 any scholarship, trust fund, statutory benefit, or any other source of tuition coverage available
106 for a waiver under this chapter.
107 (4) An institution of higher education shall waive tuition under this chapter only for
108 courses that are applicable toward the degree or certificate requirements of the program in
109 which the child or surviving spouse is enrolled.