73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1945
 
                         House Bill 2966
 
Sponsored by Representative BARKER; Representatives ACKERMAN,
  AVAKIAN, BERGER, DALLUM, DALTO, FARR, GALIZIO, HANSEN, HUNT,
  KITTS, MACPHERSON, MARCH
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Broadens class of persons eligible to receive benefits from
Public Safety Memorial Fund to include domestic partners.
 
                        A BILL FOR AN ACT
Relating to Public Safety Memorial Fund; amending ORS 243.954,
  243.956 and 243.969.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 243.954 is amended to read:
  243.954. As used in ORS 243.954 to 243.974:
  (1) 'Child' means a person who is a natural child, adopted
child or stepchild of a public safety officer and who is:
  (a) 18 years of age or younger;
  (b) 19 through 22 years of age and enrolled as a full-time
undergraduate student; or
  (c) 19 years of age or older and incapable of self-support due
to a physical or mental disability.
   { +  (2) 'Domestic partner' means a person in a relationship
with a public safety officer, if each person in the relationship:
  (a) Is under no legal disability to marry the other person, but
for the fact that each is of the same sex;
  (b) Is committed to the care and support of the other person;
  (c) Is responsible for financial obligations to the other
person equivalent to such financial obligations that arise within
a marriage recognized under Oregon law; and
  (d) Is not married and has no similar commitment and
responsibility to any other individual. + }
    { - (2) - }   { + (3) + } 'Family member' means:
  (a) The spouse  { + or domestic partner + } of a public safety
officer.
  (b) A child of a public safety officer.
  (c) A person who qualifies as a dependent of a public safety
officer for state income tax purposes.
    { - (3) - }   { + (4) + } 'Permanent total disability' has
the meaning given that term in ORS 656.206.
    { - (4) - }   { + (5) + } 'Public safety officer' means:
  (a) Corrections officers, as defined in ORS 181.610.
  (b) Fire service professionals, as defined in ORS 181.610, and
includes volunteer firefighters as defined in ORS 652.050.
  (c) Parole and probation officers, as defined in ORS 181.610.
  (d) Police officers, as defined in ORS 181.610, and includes
reserve officers, as defined in ORS 181.610.
  (e) Youth correction officers, as defined in ORS 181.610.
    { - (5) - }   { + (6) + } 'Qualifying death or disability'
means death or permanent total disability suffered by a public
safety officer while on or off duty that is the direct or
proximate result of:
  (a) An enforcement action, an emergency response or public
safety training for an enforcement action or emergency response
that the public safety officer is authorized or obligated to
perform by law, rule, regulation or condition of employment or
service; or
  (b) An act committed against the public safety officer because
of the public safety officer's position as a public safety
officer.
    { - (6) - }   { + (7) + } 'Survivor' means:
  (a) A family member; or
  (b) A parent of a public safety officer.
  SECTION 2. ORS 243.956 is amended to read:
  243.956. (1) A person is eligible for an award of benefits from
the Public Safety Memorial Fund if the person:
  (a)(A) Is a family member or a parent of a public safety
officer who has suffered a qualifying death or disability; or
  (B) Is a public safety officer who has suffered a qualifying
disability; and
  (b) Has submitted an initial application for an award of
benefits under ORS 243.958.
  (2) Notwithstanding subsection (1) of this section, a person is
not eligible for an award of benefits if:
  (a) The person's actions were a substantial contributing factor
to the qualifying death or disability of the public safety
officer;
  (b) The public safety officer's intentional misconduct caused
the qualifying death or disability;
  (c) The public safety officer intended to bring about the
officer's qualifying death or disability;
  (d) The public safety officer was voluntarily intoxicated at
the time of the injury that caused the qualifying death or
disability; or
  (e) The public safety officer was performing the officer's
duties in a grossly negligent manner at the time of the injury
that caused the qualifying death or disability.
  (3) If a person who is eligible for an award of benefits under
subsection (1) of this section is younger than 18 years of age or
is incompetent, another person may file the application for an
award of benefits on behalf of the eligible person.
  (4) Within 14 days after receipt of a notice under ORS 243.974
or entry of an order under ORS 243.964 awarding benefits based on
an initial application, whichever occurs later, the Public Safety
Memorial Fund Board shall pay a lump sum amount of $25,000:
  (a) In the manner described under ORS 243.969, to a survivor of
a public safety officer who suffered a qualifying death; or
  (b) To the public safety officer who suffered a qualifying
disability.
  (5) If alternative coverage is not provided, the board may
award benefits to the family members of a public safety officer
who has suffered a qualifying death or disability in an amount
sufficient to allow the family members to purchase health and
dental insurance comparable to that provided by the public safety
officer:
  (a) { + (A) + } For five years or until the spouse remarries
 { + or enters into a domestic partnership + }, whichever occurs
first;   { - and - }  { +  or
  (B) For five years or until the domestic partner marries or
enters into another domestic partnership, whichever occurs first;
and + }
  (b) Until a child or a dependent attains 18 years of age or, if
the child or the dependent is attending school, 23 years of age.
  (6) If alternative coverage is not provided, the board may
award benefits for five years to a public safety officer who has
suffered a qualifying disability in an amount sufficient to allow
the public safety officer to purchase health and dental insurance
comparable to the health and dental insurance coverage that the
public safety officer had immediately prior to the qualifying
disability.
  (7) The board may award benefits to an eligible spouse  { + or
domestic partner + } of a public safety officer who has suffered
a qualifying death or to a public safety officer who has suffered
a qualifying disability in an amount up to the equivalent of 12
monthly mortgage payments on the residence of   { - the spouse
or - }  the public safety officer  { + or the spouse or domestic
partner of the public safety officer + } if there is no mortgage
insurance to cover the cost.
  (8) The board may award scholarships for a graduate program of
higher education to a family member of a public safety officer
who has suffered a qualifying death or disability or to a public
safety officer who has suffered a qualifying disability. In
determining the amount of a scholarship, the board shall consider
the person's financial need, the funds available in the Public
Safety Memorial Fund and the anticipated demands on the fund. The
board may not grant a scholarship in an amount exceeding the
highest tuition charged by a state institution of higher
education for a graduate program.
  (9) A family member or a public safety officer is eligible to
apply for a scholarship under subsection (8) of this section only
if the family member or public safety officer:
  (a) Has exhausted the education benefits available under 28
C.F.R., Part 32, subpart B;
  (b) Applies for the scholarship within one year from the date
of exhaustion of the education benefits under paragraph (a) of
this subsection; and
  (c) Has applied for other available public education benefits.
  (10) If a person described in subsection (8) of this section is
ineligible to receive education benefits under 28 C.F.R., Part
32, subpart B, if funds for education benefits are unavailable
under those provisions or if the education benefit program under
those provisions no longer exists, the person may apply to the
board for a scholarship for an undergraduate program.
Scholarships for only undergraduate degrees may be awarded to a
person under this subsection. The board may not grant a
scholarship under this subsection in an amount exceeding the
highest tuition charged by a state institution of higher
education for an undergraduate program.
  (11)(a) A person may apply for a scholarship under subsection
(10) of this section at any time up to:
  (A) Five years after the date on which the applicant graduated
from high school if:
  (i) The applicant was a minor at the time the public safety
officer suffered a qualifying death or disability; and
  (ii) An application for an award of some type of benefits was
filed by a person described in subsection (8) of this section;
  (B) The date the applicant   { - remarries - }   { + marries
another person or enters into a domestic partnership + }, if the
applicant is the surviving spouse  { + or domestic partner + } of
a public safety officer who suffered a qualifying death, or the
date the applicant divorces  { + or terminates the domestic
partnership with + } the public safety officer, if the applicant
is the spouse  { + or domestic partner + } of a public safety
officer who suffered a qualifying disability; or
  (C) Five years after the date of the injury that caused the
disability, if the applicant is a public safety officer who
suffered a qualifying disability.
  (b) The board may extend the time period for applying for a
scholarship under subsection (10) of this section.
  (12) If the family member or public safety officer who is
awarded a scholarship under this section is receiving other
public education benefits, the amount of the scholarship awarded
to the family member or the public safety officer shall be
reduced by the amount of the other public education benefits.
  SECTION 3. ORS 243.969 is amended to read:
  243.969. (1) If the Public Safety Memorial Fund Board awards
lump sum benefits under ORS 243.956, the board shall pay the
benefits to the survivor of a public safety officer who suffered
a qualifying death as follows:
  (a) 100 percent to the surviving spouse  { + or domestic
partner + }.
  (b) If there is no surviving spouse  { + or domestic
partner + }, 100 percent to the surviving child.
  (c) If there is no surviving spouse { + , domestic partner + }
or child, 100 percent to a person who qualifies as a dependent of
the public safety officer for state income tax purposes.
  (d) If there is no surviving spouse { + , domestic partner, + }
 { - or - } child or dependent, 100 percent to the parent of the
public safety officer.
  (2) If more than one child, or both parents, or more than one
dependent are survivors, the board shall pay the percentage
amount one child or one parent or one dependent would have
received under subsection (1) of this section in equal shares to
the children or parents or dependents.
                         ----------