H. B. 2392
(By Mr. Speaker, Mr. Kiss, and Delegates
Martin, Stemple, Michael, Hunt,
Mezzatesta and Varner)
[Introduced January 26, 1999; referred to the
Committee on Finance.]
A BILL to amend chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article eleven, relating
to payment of funeral expenses of certain law-enforcement,
safety and emergency workers killed while performing their
duties.
Be it enacted by the Legislature of West Virginia:
That chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article eleven, to read
as follows:
ARTICLE 11. PAYMENT OF FUNERAL EXPENSES.
§15-11-1. Law-enforcement, safety and emergency worker funeral
expense fund created.
(a) There is created within the state treasury a special fund known as the "law-enforcement, safety and emergency worker
funeral expense payment fund", to the credit of which shall be
paid such funds as from time to time are appropriated by the
Legislature or received from other sources as may be donated or
otherwise provided for the fund. The fund shall be administered
by the secretary of military affairs and public safety for use
solely in carrying out the provisions of this article.
§15-11-2. Payment of funeral expenses of law-enforcement,
safety and emergency workers killed in the line of
duty.
(a) The secretary of military affairs and public safety
shall direct from the fund as provided in this article payment of
an amount not exceeding eight thousand dollars for funeral
expenses of a law-enforcement, safety or emergency worker killed
on or after the first day of January, one thousand nine hundred
ninety-nine, while carrying out official duties. The secretary
shall direct payment upon written request of an employer or head
of a volunteer organization, as is appropriate pursuant to this
article, certifying that the individual for whom funeral expenses
are requested was killed while performing official duties.
(b) For the purposes of this section, "law-enforcement,
safety or emergency worker" means:
(1) Any duly authorized member of a law-enforcement agency who is authorized to maintain public peace and order, prevent and
detect crime, make arrests and enforce the laws of the state or
any county or municipality thereof, other than parking
ordinances, and include those persons employed as security
officers at municipal, county, regional or state offices,
authorities or institutions, although their employers may not be
public law-enforcement agencies, and also includes rangers
employed by the Hatfield-McCoy regional recreation authority.
(2) State, regional, county or municipal correctional
officer.
(3) A firefighter employed by the state or any political
subdivision thereof and a volunteer firefighter performing as a
member of a volunteer fire department.
(4) Emergency medical technician or paramedic employed by
the state, or any political subdivision thereof, and any
volunteer EMT or paramedic serving any state agency or
institution or political subdivision of the state.
NOTE: The purpose of this bill is to provide payment of up
to $8,000 for funeral expenses for state, regional, county, and
municipal law-enforcement officers, firefighters correctional
officers, security officers, emergency medical technicians and
paramedics, including certain volunteers, killed on duty.
This article is new; therefore, strike-throughs and
underscoring have been omitted.