H. B. 2147
(By Delegates Brown and Hatfield)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §15-1B-26 of the Code of West Virginia,
1931, as amended, relating to the Air National Guard
generally; and providing that a firefighter who is a member of
the Air National Guard and who is medically disqualified from
service in the Air National Guard shall not be discharged as
a firefighter if he or she is able to perform the essential
tasks of his or her employment and has been cleared to return
to work by a physician.
Be it enacted by the Legislature of West Virginia:
That §15-1B-26 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1B. NATIONAL GUARD.
§15-1B-26. Firefighters and security guards to be members of the
National Guard.
Only firefighters and security guards who are members of the West Virginia National Guard may be employed by the Adjutant
General as firefighters and security guards: Provided, That any
person employed as a firefighter on the effective date of this
section who is not a member of the West Virginia Air National Guard
may continue to be employed as a firefighter: Provided, however,
That no person who is not employed on the effective date of this
section as a firefighter and who is not a member of the West
Virginia Air National Guard may be employed as a firefighter for
the West Virginia Air National Guard: Provided further, That a
firefighter employed by the Adjutant General who is medically
disqualified from the Air National Guard but is otherwise able to
perform the essential tasks of his or her job and is cleared for
return to duty by a licensed physician may not be discharged as a
firefighter or reduced in rank, pay, benefits, rights or privileges
but shall become a paid civilian firefighter under the Adjutant
General's office.
NOTE: The purpose of this bill is to provide that a
firefighter who is a member of the Air National Guard and who is
medically disqualified from service in the Air National Guard shall
not be discharged as a firefighter if he or she is able to perform
the essential tasks of his or her employment and has been cleared
to return to work by a physician.
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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