HOUSE BILL No. 5455

 

March 6, 2012, Introduced by Rep. Forlini and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

 

     A bill to amend 1996 PA 195, entitled

 

"Police officer's and fire fighter's survivor tuition act,"

 

by amending section 2 (MCL 390.1242).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Child" means an individual who is a natural or adopted

 

child of a deceased Michigan police officer or deceased Michigan

 

fire fighter and who was under the age of 21 at the time of the

 

Michigan police officer's or Michigan fire fighter's death.

 

     (b) "Department" means the department of state

 

police.treasury.

 

     (c) "Killed" means that the Michigan police officer's or

 


Michigan fire fighter's death is the direct and proximate result of

 

a traumatic injury incurred in the line of duty.

 

     (d) "Line of duty" means an action that a Michigan police

 

officer or Michigan fire fighter is obligated or authorized to

 

perform by rule, regulation, condition of employment or service, or

 

law, including, but not limited to, a social, ceremonial, or

 

athletic function that the Michigan police officer or Michigan fire

 

fighter is assigned to or compensated for by the public agency he

 

or she serves.

 

     (e) "Michigan police officer" means a sheriff or sheriff's

 

deputy of a sheriff's department in this state; village or township

 

marshal of a village or township in this state; officer of the

 

police department of any city, village, or township in this state;

 

officer of the Michigan state police; or any other police officer

 

or law enforcement officer trained and certified pursuant to under

 

the Michigan law enforcement officers training council act of 1965,

 

Act No. 203 of the Public Acts of 1965, being sections 28.601 to

 

28.616 of the Michigan Compiled Laws.commission on law enforcement

 

standards act, 1965 PA 203, MCL 28.601 to 28.616.

 

     (f) "Michigan fire fighter" means a member including volunteer

 

members and members paid on call of a fire department, or other

 

organization that provides fire suppression and other fire-related

 

services, of a city, township, village, or county who is

 

responsible for or is in a capacity that includes responsibility

 

for the extinguishment of fires. Michigan fire fighter does not

 

include a person whose job description, duties, or responsibilities

 

do not include direct involvement in fire suppression.

 


     (g) "Occupational disease" means a disease that routinely

 

constitutes a special hazard in, or is commonly regarded as

 

concomitant of, the Michigan police officer's or Michigan fire

 

fighter's occupation.

 

     (h) "State institution of higher education" means a public

 

community or junior college established under section 7 of article

 

VIII of the state constitution of 1963 or part 25 of the revised

 

school code, Act No. 451 of the Public Acts of 1976, being sections

 

380.1601 to 380.1607 of the Michigan Compiled Laws, 1976 PA 451,

 

MCL 380.1601 to 380.1607, or a state university described in

 

section 4, 5, or 6 of article VIII of the state constitution of

 

1963.

 

     (i) "Traumatic injury" means a wound or the condition of the

 

body caused by external force, including, but not limited to, an

 

injury inflicted by bullet, explosive, sharp instrument, blunt

 

object or other physical blow, fire, smoke, chemical, electricity,

 

climatic condition, infectious disease, radiation, or bacteria, but

 

excluding an injury resulting from stress, strain, or occupational

 

disease.

 

     (j) "Tuition" means tuition at the rate charged for residents

 

of this state.