SPONSOR:	Rep. Stone & Sen. DeLuca;
	Reps. Carey, Ennis, Keeley, Lofink, Oberle, Roy; Sens. Blevins, Connor, Cook, Simpson, Venables

HOUSE OF REPRESENTATIVES

143rd GENERAL ASSEMBLY

HOUSE BILL NO. 301

AN ACT TO AMEND THE LAWS OF DELAWARE TO RETROACTIVELY EXTEND CERTAIN EDUCATIONAL BENEFITS FOR HARRY SCOTT FULMER, THE SON OF ROBIN S. FULMER, A DECEASED EMPLOYEE OF THE DEPARTMENT OF TRANSPORTATION.

WHEREAS, in 1987, through Senate Bill No. 307 of Delaware's 134^th General Assembly, line-of-duty death benefits under the provisions of Chapter 66, Title 18 of the Delaware Code were awarded to the survivors of Robin S. Fulmer, a Department of Transportation employee who was killed in the line of duty on July 31, 1987; and

WHEREAS, since that time, the post-secondary educational benefits for children of "covered persons" who died in the line-of-duty have expanded to include a provision which entitles the child of a covered person to receive certain funding for attendance at an out-of-state college or university in an amount equal to the average tuition and fees at certain Delaware colleges and universities; and

WHEREAS, without this special legislation, Harry Scott Fulmer, who is the son of Robin S. Fulmer (deceased) and Therese M. Fulmer and is a student at Mount St. Mary's University in Emmitsburg, Maryland, is not entitled to the educational benefits that children of other state employees killed in the line-of-duty receive; and

WHEREAS, it is meet and right to provide Harry Scott Fulmer with the same educational benefits afforded to other children in similar situations;

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Harry Scott Fulmer, date of birth December 28, 1983, son of Robin S. Fulmer, a deceased employee of the Department of Transportation, is hereby retroactively included under the provisions of Subchapter VI (Educational Benefits for Children of Deceased Veterans and Others), Chapter 34, Part I, Title 14 of the Delaware Code and is entitled to receive those educational benefits through reimbursement for tuition and fees already paid to an out-of-state college or university, as well as through direct payment by the State of Delaware to the college or university for tuition and fees which will come due, not to exceed tuition and fees in the amount described in Subchapter VI and in accord with the other requirements of that subchapter.

SYNOPSIS

This bill authorizes that tuition and fee payments pursuant to Chapter 34, Title 14 of the Delaware Code may be paid retroactively to an out-of-state college or university for the child of a State employee who was killed in the line of duty in 1987. This bill corrects House Bill No. 538 of the 142^nd General Assembly which was passed last year (74 Del. Laws 396 (2004)) and which inadvertently did not produce the desired result of providing educational benefits to Harry Fulmer.