WEST virginia Legislature

2016 regular session

Introduced

House Bill 4528

By Delegates Canterbury, Cooper, Lynch, A. Evans, Hamilton, Ambler, Anderson, border, D. Evans, Ireland and Westfall

[Introduced February 12, 2016; Referred
to the Committee on Political Subdivisions then Finance]

A BILL to amend and reenact §7-17-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-15-9 of said code; and to amend said code by adding thereto a new section, designated §33-3-33b, all relating to permitting an all-volunteer fire department to consolidate with certain other fire departments while retaining their rights to receive funds from the Fire Protection Fund as if they had not consolidated.

Be it enacted by the Legislature of West Virginia:

That §7-17-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §8-15-9 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §33-3-33b, all to read as follows:

CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 17. COUNTY FIRE BOARDS.

§7-17-3. County fire association creation; prohibiting entrance by a municipality maintaining a full time paid fire department.

The fire departments within each county are hereby authorized to create and establish a county fire association, hereinafter referred to as "fire association." The county fire association is created to discuss fire protection services to address fire protection problems at the county level.

Upon the creation of a fire association, any full-time paid fire department located in a municipality, as defined in section nine, article fifteen, chapter eight of this code is excluded from the provisions of this article.

However, this provision shall not prohibit the county commission or the fire board with the approval of the county commission from contracting with any municipal fire department for fire protection services rendered to the county

Notwithstanding any provision in this code to the contrary, local all-volunteer fire departments that were in existence on January 1, 2016, may, for cost savings, efficiencies and other legitimate purposes, consolidate with a county fire department, a municipal fire department or other all-volunteer fire departments, while retaining their individual rights to receive funds from the Fire Protection Fund, pursuant to section thirty-three, article three, chapter thirty-three of this code, as if they had not consolidated.

CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.

PART III. PAID FIRE DEPARTMENTS.

§8-15-9. Establishment and maintenance of paid fire department.

Any municipality may provide for, establish, equip and maintain a full-time paid fire department. A paid fire department shall be subject to the authority, control and discipline of the administrative authority. For the purposes of this article, the term "paid fire department" shall be taken to mean only a municipal fire department maintained and paid for out of public funds and whose employees are paid on a full-time basis out of public funds. The term shall not be taken to mean a department whose employees are paid nominal salaries or wages or are only paid for services actually rendered on an hourly basis.

Notwithstanding any provision in this code to the contrary, a local all-volunteer fire department that was in existence on January 1, 2016, may, for cost savings, efficiencies and other legitimate purposes, consolidate with a municipal fire department, a county fire department or other all-volunteer fire departments, while retaining their individual rights to receive funds from the Fire Protection Fund, pursuant to section thirty-three, article three, chapter thirty-three of this code, as if they had not consolidated.

CHAPTER 33. INSURANCE.

ARTICLE 3. LICENSING, FEES AND TAXATION OF INSURERS.

§33-3-33b.  Volunteer fire departments; consolidation; continuation of funding.

Notwithstanding any provision in this code to the contrary, local volunteer fire departments, that were in existence on January 1, 2016, may, for cost savings, efficiencies and other legitimate purposes, consolidate with a municipal fire department, a county fire department or other all-volunteer fire departments, while retaining their individual rights to receive funds from the Fire Protection Fund, pursuant to section thirty-three, article three, chapter thirty-three of this code, as if they had not consolidated.

NOTE: The purpose of this bill is to permit an all-volunteer fire department to consolidate with certain other fire departments while retaining their rights to receive funds from the Fire Protection Fund as if they had not consolidated.

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