COMMITTEE SUBSTITUTE
FOR
H. B. 4030
(By Delegates Hamilton, Duke, Romine,
R. Thompson, Perdue, Leggett,
Howard, Stemple, Poling and Boggs)
(Originating in the Committee on Government Organization)
[February 22, 2006]
A BILL to
amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-2-9, relating to
limiting the administration of a Voluntary Contribution Fund
or similar benefit plan by members and employees of the West
Virginia State Police
.
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 §15-2-9, to read as
follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-9. State Police Voluntary Contribution Fund.
(a) The Legislature finds that from the year one thousand nine
hundred fifty-one to two thousand three, employees of the West
Virginia State Police or its predecessor agencies have operated a
voluntary contribution fund. Upon the death of a member or
employee of the West Virginia State Police who, upon his or her
death, was a member of the contribution fund, active members and employees of the West Virginia State Police who have voluntarily
chosen to be members of the fund have been permitted, as an
expression of respect and gratitude for the contributions and
service of the deceased member in protecting the public, to donate
small financial contributions to a designated beneficiary of the
deceased member. The contributions were deposited into the
contribution fund and the disbursements were made from the fund.
The Legislature further finds, upon the reports of the
Legislative Auditor, that over the years, without statutory
authority to do so,
administrators of the West Virginia State
Police and its predecessor agencies assumed control of the
administration of the contribution fund, performing or directing
the administrative functions necessary to receive contributions to
and disbursements from the contribution fund.
The Legislature further finds that the State of West Virginia
had
not established the contribution fund or any similar benefit
plan for the members and employees of the West Virginia State
Police or its predecessor agencies, nor approved the same as an
official state benefit program or plan in any manner whatsoever.
In the absence of the establishment or approval of such a program
or plan by the Legislature, the exercise of administrative powers
for these purposes is inappropriate.
The Legislature further finds that the contribution fund is
not a state program, but a private activity to which individual
employees of the West Virginia State Police have committed state time and resources.
The Legislature further finds that the contributions and
service of deceased members and employees of the West Virginia
State Police merit sincere, dignified and personal voluntary
expressions of respect and gratitude from fellow members and
employees of the deceased. The Legislature further finds that the
continuance of the contribution fund or similar benefit plan for
the purposes of facilitating those personal voluntary expressions
of respect and gratitude may be appropriate under certain
circumstances.
It is therefore the intent of the Legislature to authorize the
limited use of staff and other resources incidental to the
continued administration of the private contribution fund in
accordance with the provisions of this section.
(b)
The limited use of State Police staff time, postage,
duplicating and incidental resources is authorized in the continued
administration of the contribution fund for the purpose of
facilitating contributions and disbursements from the fund if the
following conditions have been met:
(1) The superintendent has provided each member and employee
of the West Virginia State Police a copy of this section and a
statement in writing that clearly advises the member or employee
that the contribution fund is a private activity established and
maintained by members and employees of the West Virginia State
Police in their private capacity with limited administration by the West Virginia State Police and is not in any manner a benefit or
other plan provided by or on behalf of the State of West Virginia
and that participation in the fund or plan is not required, but is
only permitted if the member or employee elects to participate on
a voluntary basis with no obligation to give nor opportunity for
coerced participation and that the purpose of the fund is to
facilitate participating members' expressions of admiration,
appreciation and bereavement to the survivors of deceased members;
(2) All rosters, records and accounts of the contribution
fund are available for public inspection and audit; and
(3) State Police administration is consistent with all
applicable federal and state tax requirements.
(c) Membership in the State Police Contribution Fund is
voluntary. On or before the thirty-first day of July, two thousand
six, members or employees hired between the first day of January,
two thousand three, and the effective date of this section may
elect to participate in the fund, and within five days of
employment or reemployment with the West Virginia State Police, a
member or employee may elect to participate in the fund: Provided,
That any member of the original contribution fund in good standing
upon the effective date of this section
shall be presumed to be a
member of the contribution fund. A retired member may maintain
membership in the fund.
A member may terminate membership in the
fund at any time, by written notice to the superintendent, or by
ceasing to make contributions to the fund.
Upon the death of a member of the fund, the superintendent is authorized to collect a
contribution not to exceed the sum of five dollars from all
personnel participating in the fund, payable to a designated
beneficiary of the deceased member. To aid administrative
efficiency and ease the burden of participation, the superintendent
may collect funds prospectively to cover an estimated number of
deaths in a given period: Provided, That any such remaining funds
credited to a deceased member shall be returned to the member's
designated beneficiary.
(d) Use of coercion in attempt to influence a West Virginia
State Police officer's or employee's election to participate in the
contribution fund is prohibited and grounds for dismissal from
employment.
(e) The superintendent is authorized to establish and
maintain a nongovernmental
bank account established by agreement
with a bank within the state to receive contributions to and make
disbursements from the fund. These receipts are not to be
deposited or held in the State Treasury.
(f) The superintendent shall verify any death of a member of
the fund and authorize the dissemination of a notice of the death
to members of the fund. The superintendent shall use the most cost
efficient means of communication available in making these
notifications.
(g) The superintendent is authorized to develop a written
internal department policy for the operation of the contribution fund, which may include terms and conditions of membership and the
development of any necessary forms or agreements for enrollment in
the fund and the designation of a beneficiary.
NOTE: The purpose of this bill is to provide for the
limitation on the administration of funds in the state voluntary
contribution fund.
This section is new; therefore, strike-throughs and
underscoring have been omitted.