ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2619
(By Mr. Speaker, Mr. Kiss and Delegates Varner, Pethel,
Kominar, Stemple, Ennis and Leach)
[Passed April 9, 2005; in effect ninety days from passage.]
AN ACT to amend and reenact §8-15-8b of the Code of West
Virginia, 1931, as amended, relating to authorized
expenditures from municipal pensions and protection funds
and fire protection funds; and providing that moneys from
revenues allocated to volunteer and part volunteer fire
companies and departments may be expended for the payment of
dues to national, state and county associations.
Be it enacted by the Legislature of West Virginia:
That §8-15-8b of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-8b. Authorized expenditures of revenues from the municipal
pensions and protection fund and the fire protection fund.
Revenues allocated to volunteer and part volunteer fire
companies and departments may be expended only for the items
listed in subdivisions (1) through (12) of this section.
Funds received from the State for volunteer and part
volunteer fire companies and departments, pursuant to sections
fourteen-d and thirty-three, article three, and section
sixteen-a, article twelve, all of chapter thirty-three of this
code, may not be commingled with funds received from any other
source. Expenditures may be made for the following:
(1) Personal protective equipment, including protective head
gear, bunker coats, pants, boots, combination of bunker pants and
boots, coats and gloves;
(2) Equipment for compliance with the national fire
protection standard or automotive fire apparatus, NFPA-1901;
(3) Compliance with insurance service office recommendations
relating to fire departments;
(4) Rescue equipment, communications equipment and ambulance
equipment:
Provided, That no moneys received from the municipal
pensions and protection fund or the fire protection fund may be
used for equipment for personal vehicles owned or operated by
volunteer fire company or department members;
(5) Capital improvements reasonably required for effective
and efficient fire protection service and maintenance of the capital improvements;
(6) Retirement of debts;
(7) Payment of utility bills;
(8) Payment of the cost of immunizations, including any
laboratory work incident to the immunizations, for firefighters
against hepatitis-b and other blood borne pathogens:
Provided,
That the vaccine shall be purchased through the state
immunization program or from the lowest cost vendor available:
Provided, however, That volunteer and part volunteer fire
companies and departments shall seek to obtain no cost
administration of the vaccinations through local boards of
health:
Provided further, That in the event any volunteer or
part volunteer fire company or department is unable to obtain no
cost administration of the vaccinations through a local board of
health, the company or department shall seek to obtain the lowest
cost available for the administration of the vaccinations from a
licensed health care provider;
(9) Any filing fee required to be paid to the Legislative
Auditor's Office under section fourteen, article four, chapter
twelve of this code relating to sworn statements of annual
expenditures submitted by volunteer or part volunteer fire
companies or departments that receive state funds or grants;
(10) Property/casualty insurance premiums for protection and
indemnification against loss or damage or liability;
(11) Operating expenses reasonably required in the normal
course of providing effective and efficient fire protection
service, which include, but are not limited to, gasoline, bank
fees, postage and accounting costs; and
(12) Dues paid to national, state and county associations.