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Introduced Version House Bill 4141 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 4141


(By Mr. Speaker, Mr. Kiss)

[Introduced January 24, 2002; referred to the

Committee on the Judiciary then Finance.]





A BILL to amend and reenact section two, article eleven, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section seven, article ten, chapter eighteen-b of said code, all relating to requiring the payment of funeral expenses of probation and parole officers killed in the line of duty; and, requiring state institutions of higher education to permit spouses and children of probation and parole officers killed in the line of duty to attend classes without being required to pay tuition and fees.

Be it enacted by the Legislature of West Virginia:
That section two, article eleven, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section seven, article ten, chapter eighteen-b of said code be amended and reenacted, all to read as follows:
CHAPTER 15. PUBLIC SAFETY.

ARTICLE 11. PAYMENT OF FUNERAL EXPENSES.
§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, upon written request, direct payment from the fund in the form of a draft as provided in this article up to and including an amount not exceeding eight thousand dollars for the reasonable funeral expenses, including burial 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: Provided, That no such funds shall be expended for any funeral expense that is otherwise payable pursuant to the provisions of article four, chapter twenty-three of this code, as amended, or other benefit programs established by a provision of this code which does not involve employee participation: Provided, however, That where other funds for funeral expenses are provided pursuant to the laws of this state, from whatever source, which amount to less than eight thousand dollars, funds provided by the provisions of this section shall be expended so as to assure that at least eight thousand dollars is available for reasonable funeral expenses. The secretary shall direct payment of such the funeral expenses 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) The secretary shall supply the draft in the name of the person contracting for the funeral services and, if known, the service provider to the employer or agency head making the request who shall tender the draft to the person who contracted for the services.
(c) 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 including 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, employed by the Hatfield-McCoy regional recreation authority and members of the West Virginia national guard while engaged in active duty service: Provided, That this section does not apply to those persons employed by private security firms or agencies.
(2) Any state, regional, county or municipal correctional officer.
(3) Any firefighter employed by the state or any political subdivision of the state and any volunteer firefighter performing as a member of a volunteer fire department.
(4) Any "emergency medical services personnel," as defined in section three, article four-c, chapter sixteen of this code, employed by or volunteering for any state agency or institution or political subdivision of the state.
(5) Any probation or parole officer appointed under the provisions of section five or fourteen, article twelve, chapter sixty-two, or section fifteen, article five, chapter forty-nine of this code.
CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-7. Tuition and fee waivers for children and spouses of officers and firefighters killed in the line of duty.

Each state institution of higher education shall permit any person to attend its undergraduate courses and classes if classroom space is available without charging such the
person any tuition or any fees, including those provided in sections two and three of this article, if such the person is the child or spouse of a law-enforcement officer as defined in section one, article twenty-nine, chapter thirty of this code, a correctional officer at a state penal institution, a conservation officer, a parole officer, a probation officer or a registered firefighter, and such the officer or firefighter was killed in the line of duty while employed by the state or any political subdivision thereof, or such firefighter was a member of a volunteer fire department serving a political subdivision of this state: Provided, That the state institution of higher education may require such the person to pay special fees, including any laboratory fees, if such the fees are required of all other students taking a single or the particular course and may also require such the person to pay for parking. The governing boards may promulgate rules for determining the availability of classroom space and other rules as it considers necessary to implement this section, including rules regarding qualifications for attendance, which shall may not exceed the qualifications required of other persons.
The governing boards may also extend to persons attending courses and classes under this section any rights, privileges or benefits extended to other students which it considers appropriate.



NOTE: The purpose of this bill is to
require the payment of funeral expenses of probation and parole officers killed in the line of duty; and, requiring state institutions of higher education to permit spouses and children of probation and parole officers killed in the line of duty to attend classes without being required to pay tuition and fees.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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