ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4383
(By Delegates Stemple, Williams, Webster,
Shaver, Perry and Varner)
[Passed March 7, 2008; in effect ninety days from passage.]
AN ACT
to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §29-3-32, all
relating to fire marshal service weapons; providing for
awarding service weapon to any active or retired state fire
marshal, a deputy fire marshal or assistant fire marshal; and
providing for the sale of service weapon when taken out of
service due to routine wear.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §29-3-32, to read as
follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-32. Awarding service weapon upon retirement of fire marshal
or service weapon.
(a) Upon the retirement of a state fire marshal, any full-time
deputy fire marshal or any full-time assistant fire marshal employed by the state fire marshal pursuant to section eleven of
this article, the State Fire Commission shall award to the retiring
member his or her service weapon, without charge, upon determining:
(1) That the retiring member is retiring honorably with at
least twenty years of service; or
(2) The retiring member is retiring with less than twenty
years of service based upon a determination that the member is
totally physically disabled as a result of his or her service with
the state fire marshal.
(b) Notwithstanding the provisions of subsection (a) of this
section, the State Fire Commission may not award a service weapon
to any member whom the State Fire Commissioner finds to be mentally
incapacitated or who constitutes a danger to any person or the
community.
(c)If a service weapon is taken out of service due to
routine wear, the fire marshal may offer the service weapon for
sale to any active or retired state fire marshal, assistant state
fire marshal or deputy state fire marshal, at fair market value,
with the proceeds from any sales used to offset the cost of new
service weapons. The disposal of service weapons pursuant to this
subsection does not fall within the jurisdiction of the purchasing
division of the department of administration.