Sections 85-2601 to 85-2608 shall be known and may be cited as the First Responder Recruitment and Retention Act.

For purposes of the First Responder Recruitment and Retention Act:

(1) Associate degree program means a degree program at a community college, state college, or state university which typically requires completion of an organized program of study of at least sixty semester credit hours or an equivalent that can be shown to accomplish the same goal. Associate degree program does not include a baccalaureate degree program;

(2) Baccalaureate degree program means a degree program at a community college, state college, or state university which typically requires completion of an organized program of study of at least one hundred twenty semester credit hours or an equivalent that can be shown to accomplish the same goal;

(3) Community college means a public postsecondary educational institution which is part of the community college system and includes all branches and campuses of such institution located within the State of Nebraska;

(4) Law enforcement officer means any individual who is a law enforcement officer as defined in section 81-1401;

(5) Legal dependent has the same meaning as it is used for purposes of the Free Application for Federal Student Aid;

(6) Line of duty means any action that a law enforcement officer or professional firefighter is authorized or obligated by law, rule, or regulation to perform, related to or as a condition of employment or service;

(7) Professional firefighter means an individual who is a firefighter or firefighter-paramedic as a full-time career and who is a member of a paid fire department of any of the following entities within Nebraska:

(a) A municipality, including a municipality having a home rule charter or a municipal authority created pursuant to a home rule charter that has its own paid fire department;

(b) A rural or suburban fire protection district; or

(c) A fire service providing fire protection to state military installations;

(8) State college means a public postsecondary educational institution which is part of the Nebraska state college system and includes all branches and campuses of such institution located within the State of Nebraska;

(9) State university means a public postsecondary educational institution which is part of the University of Nebraska and includes all branches and campuses of such institution located within the State of Nebraska; and

(10) Tuition means the charges and cost of tuition as set by the governing body of a state university, state college, or community college.

(1)(a) A law enforcement officer shall be entitled to a waiver of one hundred percent of the resident tuition charges of any state university, state college, or community college if the officer:

(i) Possesses a law enforcement officer certificate under sections 81-1401 to 81-1414.19, unless the Nebraska Police Standards Advisory Council revoked or suspended such certificate or limited certificate under subdivision (6) of section 81-1403 and the Nebraska Commission on Law Enforcement and Criminal Justice has reviewed and approved such revocation or suspension;

(ii) Meets all admission requirements of the state university, state college, or community college;

(iii) Pursues studies leading to a degree that relates to a career in law enforcement from an associate degree program or a baccalaureate degree program;

(iv) Submits the certificate of verification required by subsection (4) of this section; and

(v) Files with the Department of Revenue documentation showing proof of employment as a law enforcement officer and proof of residence in Nebraska each year such officer or such officer's legal dependent applies for and receives the tuition waiver.

(b) The officer may receive the tuition waiver for up to five years if he or she otherwise continues to be eligible for participation.

(2)(a) Any legal dependent of a law enforcement officer who satisfies subsection (1) of this section shall be entitled to a tuition waiver of one hundred percent of the resident tuition charges of any state university, state college, or community college for an associate or baccalaureate degree program if the legal dependent:

(i) Executes an agreement in accordance with section 85-2605;

(ii) Has not previously earned a baccalaureate degree;

(iii) Completes and submits to the United States Department of Education a Free Application for Federal Student Aid;

(iv) Submits a document to the state university, state college, or community college confirming that the legal dependent has satisfied subdivision (2)(a)(iii) of this section. Such document shall be submitted in a form and manner as prescribed by the state university, state college, or community college; and

(v) Submits the certificate of verification required by subsection (4) of this section.

(b) The legal dependent may receive the tuition waiver for up to five years if the law enforcement officer and the legal dependent continue to be eligible for participation. The five years of tuition waiver eligibility starts once the legal dependent applies for and receives the tuition waiver for the first time and is available to such legal dependent for the next consecutive five years.

(3) The state university, state college, or community college shall waive one hundred percent of the officer's or the legal dependent's tuition remaining due after subtracting awarded federal financial aid grants and state scholarships and grants for an eligible law enforcement officer or legal dependent during the time the officer or legal dependent is enrolled. To remain eligible, the officer or legal dependent must comply with all requirements of the institution for continued attendance and award of an associate degree or a baccalaureate degree.

(4)(a) An application for the tuition waiver shall include a verification of the law enforcement officer's satisfaction of subsection (1) of this section. It shall be the responsibility of the officer to obtain a certificate of verification from his or her superior attesting to such officer's satisfaction of subsection (1) of this section. The officer shall include the certificate of verification when the officer or the officer's legal dependent is applying to the state university, state college, or community college in order to obtain tuition waiver upon initial enrollment.

(b) The death of a law enforcement officer in the line of duty which occurs after submission of an application for a tuition waiver shall not disqualify such officer's otherwise eligible legal dependent from receiving the tuition waiver. In such case, in lieu of submitting the certificate of verification provided for in subdivision (4)(a) of this section, the legal dependent shall submit a certificate of verification from the officer's superior attesting that:

(i) At the time of such death, such officer satisfied subsection (1) of this section; and

(ii) Such officer died in the line of duty.

(5) Within forty-five days after receipt of a completed application, the state university, state college, or community college shall send written notice of the law enforcement officer's or legal dependent's eligibility or ineligibility for the tuition waiver. If the officer or legal dependent is determined not to be eligible for the tuition waiver, the notice shall include the reason or reasons for such determination.

(1)(a) A professional firefighter shall be entitled to a waiver of one hundred percent of the resident tuition charges of any state university, state college, or community college if the professional firefighter:

(i) Maintains satisfactory performance with such firefighter's fire department;

(ii) Meets all admission requirements of the state university, state college, or community college;

(iii) Pursues studies leading to a degree that relates to a career in professional firefighting from an associate degree program or a baccalaureate degree program;

(iv) Submits the certificate of verification required by subsection (4) of this section; and

(v) Files with the Department of Revenue documentation showing proof of employment as a professional firefighter and proof of residence in Nebraska each year such professional firefighter or such professional firefighter's legal dependent applies for and receives the tuition waiver.

(b) The professional firefighter may receive the tuition waiver for up to five years if such professional firefighter otherwise continues to be eligible for participation.

(2)(a) Any legal dependent of a professional firefighter who maintains satisfactory performance with such professional firefighter's fire department shall be entitled to a tuition waiver of one hundred percent of the resident tuition charges of any state university, state college, or community college for an associate or baccalaureate degree program if the legal dependent:

(i) Executes an agreement in accordance with section 85-2605;

(ii) Has not previously earned a baccalaureate degree;

(iii) Completes and submits to the United States Department of Education a Free Application for Federal Student Aid;

(iv) Submits a document to the state university, state college, or community college confirming that the legal dependent has satisfied subdivision (2)(a)(iii) of this section. Such document shall be submitted in a form and manner as prescribed by the state university, state college, or community college; and

(v) Submits the certificate of verification required by subsection (4) of this section.

(b) The legal dependent may receive the tuition waiver for up to five years if the professional firefighter and the legal dependent continue to be eligible for participation. The five years of tuition waiver eligibility starts once the legal dependent applies for and receives the tuition waiver for the first time and is available to such legal dependent for the next consecutive five years.

(3) The state university, state college, or community college shall waive one hundred percent of the professional firefighter's or the legal dependent's tuition remaining due after subtracting awarded federal financial aid grants and state scholarships and grants for an eligible professional firefighter or legal dependent during the time the professional firefighter or legal dependent is enrolled. To remain eligible, the professional firefighter or legal dependent must comply with all requirements of the institution for continued attendance and award of an associate degree or baccalaureate degree.

(4)(a) An application for the tuition waiver shall include a verification of the professional firefighter's satisfactory performance as a professional firefighter. It shall be the responsibility of the professional firefighter to obtain a certificate of verification from the fire chief of such professional firefighter's fire department attesting to such professional firefighter's satisfactory performance. The professional firefighter shall include the certificate of verification when the professional firefighter or the professional firefighter's legal dependent is applying to the state university, state college, or community college in order to obtain tuition waiver upon initial enrollment.

(b) The death of a professional firefighter in the line of duty which occurs after submission of an application for a tuition waiver shall not disqualify such firefighter's otherwise eligible legal dependent from receiving the tuition waiver. In such case, in lieu of submitting the certificate of verification provided for in subdivision (4)(a) of this section, the legal dependent shall submit a certificate of verification from the fire chief of such firefighter's fire department attesting that:

(i) At the time of such death, such firefighter satisfied subsection (1) of this section; and

(ii) Such firefighter died in the line of duty.

(5) Within forty-five days after receipt of a completed application, the state university, state college, or community college shall send written notice of the professional firefighter's or legal dependent's eligibility or ineligibility for the tuition waiver. If the professional firefighter or legal dependent is determined not to be eligible for the tuition waiver, the notice shall include the reason or reasons for such determination.

Each state university, state college, or community college shall adopt and promulgate the procedures, rules, and regulations necessary to carry out the First Responder Recruitment and Retention Act.

(1) Each legal dependent who is a tuition waiver recipient under the First Responder Recruitment and Retention Act shall execute an agreement. Such agreement shall be exempt from the requirements of the State Procurement Act and shall include the following terms, as appropriate:

(a) The tuition waiver recipient agrees to reside within the State of Nebraska for a period of five years following the use of the tuition waiver;

(b) Each year during the five-year period following use of the tuition waiver the tuition waiver recipient agrees to file a tax return with the Department of Revenue to document that such recipient still resides in the State of Nebraska;

(c) If the tuition waiver recipient fails to annually file a tax return to prove residency in the State of Nebraska for the five-year period following the use of the tuition waiver or fails to remain a resident of Nebraska for the five-year period following the use of the tuition waiver, the tuition waiver recipient agrees to repay the community college, state college, or state university that such tuition waiver recipient attended the amount of tuition that was waived for such individual if the community college, state college, or state university requests such payment on the dates and in the amounts requested; and

(d) Any residency, filing, or payment obligation incurred by the tuition waiver recipient under the First Responder Recruitment and Retention Act is canceled in the event of the tuition waiver recipient's total and permanent disability or death.

(2) The five-year residency requirement begins to run after use of the first tuition waiver and:

(a) Completion of the five-year tuition waiver eligibility;

(b) Completion of an undergraduate degree at a state college or state university;

(c) Completion of a two-year degree at a community college and notification by the tuition waiver recipient to the Department of Revenue that such recipient does not intend to pursue an undergraduate degree or additional two-year degree using tuition waivers pursuant to the First Responder Recruitment and Retention Act; or

(d) Notification by the tuition waiver recipient to the Department of Revenue that such recipient does not plan to use additional tuition waivers pursuant to the First Responder Recruitment and Retention Act.

The Department of Revenue shall administer and enforce the First Responder Recruitment and Retention Act and may adopt and promulgate rules and regulations to carry out the First Responder Recruitment and Retention Act.

On or before December 31 of each year, each state university, state college, and community college shall provide to the Department of Revenue a list of the legal dependents who received a tuition waiver pursuant to the First Responder Recruitment and Retention Act during such year.

(1) The Department of Revenue shall maintain a record of the legal dependents who have received tuition waivers pursuant to the First Responder Recruitment and Retention Act.

(2) On or before each August 1, the department shall provide a report to each state university, state college, and community college indicating which tuition waiver recipients have failed to file a tax return with the department to document that such recipients still resided in the State of Nebraska during the preceding year.