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Introduced Version Senate Bill 172 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 172

(By Senators Kessler, Stollings, Edgell, Plymale, Jenkins, Minard, Hunter, Oliverio, Yoder and Barnes)

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[Introduced January 10, 2008; referred to the Committee on Pensions; and then to the Committee on Finance.]
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A BILL to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended, relating to providing for a pension for volunteer firemen to enhance retention and recruitment of volunteer firemen; and authorizing revenues allocated to volunteer and part volunteer fire companies and departments to fund pensions for volunteer firemen.

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.

(a) Revenues allocated to volunteer and part volunteer fire companies and departments may be expended only for the items listed in subdivisions (1) through (12) and subsection (b) 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.
(b) The Legislature finds that recruiting and retention of volunteer firemen is in the public interest and an important cost effective way to provide for the health and well-being of the citizens; therefore, in addition to the permitted expenditures allowed in subdivision (1) of this section, revenues allocated to volunteer and part volunteer fire companies and departments under the provisions of this section may be allocated to fund pensions for volunteer firemen.


NOTE: The purpose of this bill is to provide that certain revenues may be allocated to fund pensions for volunteer firemen in order to improve recruitment and retention of volunteer firemen.

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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