WEST virginia legislature
2016 first extraordinary session
Introduced
House Bill 122
By Delegates Moffatt, Azinger, Rowe, Blackwell, Zatezalo, Butler and Frich
[Introduced June 14, 2016;
Referred to the Committee on Finance.]
A BILL to amend and reenact §33-3-33a of the Code of West Virginia, 1931, as amended, relating to reinstating the Volunteer Fire Department Workers' Compensation Premium Subsidy Fund and directing that certain moneys be deposited into the fund to finance the Volunteer Fire Department Workers' Compensation Subsidy Program.
Be it enacted by the Legislature of West Virginia:
That §33-3-33a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. LICENSING, FEES AND TAXATION OF INSURERS.
§33-3-33a. Excess moneys of Fire Protection Fund deposited into Volunteer Fire Department Workers' Compensation Premium Subsidy Fund; other funding; special report from State Fire Marshal by December 15, 2015; termination of program June 30, 2016.
(a) There is hereby established a special fund in the State Treasury known as the "Volunteer Fire Department Workers' Compensation Premium Subsidy Fund." The fund shall be administered by the State Auditor and shall consist of moneys deposited in the fund pursuant to this section, any other funds appropriated by the Legislature for volunteer fire departments for the purposes of section fourteen-a, article four, chapter twelve of this code, and the interest or other earnings on the moneys in the fund. The State Auditor shall administer the distribution of moneys of the fund to volunteer fire departments to help defray workers' compensation insurance premium increases pursuant to section fourteen-a, article four, chapter twelve of this code. Balances in the fund at the end of any fiscal year shall not expire, but shall be expended for those purposes in ensuing fiscal years pursuant to appropriation of the Legislature.
(b) Beginning July 1,
2013, and in each fiscal year thereafter until June 30, 2016, the excess of the
aggregate of amounts collected by the commissioner that are otherwise required
under any provision of this code to be deposited into the Fire Protection Fund over
the aggregate of those amounts deposited into the Fire Protection Fund during
the fiscal year ending June 30, 2013, shall be deposited into the Volunteer
Fire Department Workers' Compensation Premium Subsidy Fund and expended solely
for the purposes established in section fourteen-a, article four, chapter
twelve of this code
(b) Beginning in the fiscal year commencing on July 1, 2017, and during the fiscal years commencing on July 1, 2018, 2019, 2020 and 2021, $2 million from the State General Fund shall be appropriated annually to the Volunteer Fire Department Workers' Compensation Premium Subsidy Fund, to be expended solely for the purposes established in section fourteen-a, article four, chapter twelve of this code.
(c) On or before August
1, 2013, the commissioner shall transfer $4 million from the Fire Marshal Fees
Fund created under section twelve-b, article three, chapter twenty-nine of this
code to the Volunteer Fire Department Workers' Compensation Premium Subsidy
Fund to be expended solely for the purposes established in section fourteen-a,
article four, chapter twelve of this code until June 30, 2016.
(d) The State Fire
Marshal, in consultation with the Insurance Commissioner, the State Auditor,
the Secretary of Revenue and the Legislative Auditor, shall conduct a review of
the needs of each volunteer or part volunteer fire company or volunteer fire
department serving in the various counties of the state. On or before December
31, 2015, the State Fire Marshal shall submit to the Joint Committee on
Government and Finance a comprehensive report of the review and the State Fire
Marshal's recommendations, substantiated by the findings of the review, of
steps that may be taken to meet the needs of and sustain the volunteer and part
volunteer fire companies and volunteer fire departments of this state,
including, but not limited to, the following:
(1) An assessment of all
current funding received by the volunteer fire companies and departments, and a
further assessment of the funding necessary to provide the community
protections required for the areas served by the volunteer fire companies and
departments, the extent to which those needs are being met, the extent to which
they are not being met, and recommendations of sources of funds to meet
additional needs and the amounts needed, if any;
(2) An assessment of the
cost of workers' compensation coverage for the volunteer fire companies and
departments and recommendations for any actions that may be undertaken by the
volunteer fire companies and departments and others to reduce those costs;
(3) An assessment of the
causes of any decline in recruitment and retention of volunteer firefighters
and recommendations for improvements in this area, including any
recommendations for incentives that have a demonstrated record of significant
increases in recruitment and retention as well as recommendations of sources of
funds to provide those incentives, if funds are necessary;
(4) An assessment of the
level of financial accountability that should be required of volunteer fire
companies and departments in order to provide the Legislature the information
necessary to target future funding for their activities based upon the safety
and fire protection needs of the various areas of the state;
(5) An assessment of the
comparative levels of funding for volunteer fire companies and departments
provided by counties, municipalities and other political subdivisions and the
means by which that funding is provided, including identification of those
which contribute little or no funding to the volunteer fire companies and
departments within their jurisdictions, together with recommendations for
increasing those levels of contributions;
(6) An assessment of the
comparative levels of funding for volunteer fire companies and departments
provided by their own efforts, and the means by which that funding is provided,
including identification of those which provide little or no funding through
their own efforts, together with recommendations for increasing these sources
of funding;
(7) An assessment of the
comparative economic and other benefits provided by the various volunteer fire
companies and departments to their particular counties, municipalities and
other political subdivisions, as well as to citizens of the local communities
they serve;
(8) An assessment of the
sustainability of the current model of providing fire and other protections to
the citizens of rural communities through volunteer fire companies and departments
and an assessment of alternative models for providing those protections; and
(9) Other assessments
and recommendations which the State Fire Marshal deems appropriate in the
circumstances.
(d) Upon the conclusion
of the fiscal year ending June 30, 2016, the provisions of this section and
section fourteen-a, article four, chapter twelve of this code shall expire and
be of no further force and effect and the Volunteer Fire Department Workers'
Compensation Premium Subsidy Fund shall be closed. Upon closure of the fund,
from any balances therein remaining, the State Auditor shall first, to the
extent available, transfer to the Fire Protection Fund an amount equal to the
aggregate of funds deposited into the Volunteer Fire Department Workers'
Compensation Premium Subsidy Fund during the fiscal years ending June 30, 2014,
2015 and 2016 pursuant to subsection (b) of this section that would otherwise
have been required to be deposited into the Fire Protection Fund, and any
balances thereafter remaining in the Volunteer Fire Department Workers'
Compensation Premium Subsidy Fund shall expire to the General Revenue Fund of
the state.
NOTE: The purpose of this bill is to reinstate the Volunteer Fire Department Workers' Compensation Premium Subsidy Fund and direct that certain moneys be deposited into the fund to finance the Volunteer Fire Department Workers' Compensation Subsidy Program.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.