ENGROSSED
Senate Bill No. 424
(By Senators Wooton, Ball, Bowman, Dittmar, Fanning, Hunter,
Oliverio, Ross, Snyder, White, Buckalew, Kimble and Scott)
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[Originating in the Committee on the Judiciary;
reported March 21, 1997.]
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A BILL to amend and reenact section ten, article two, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to granting the
superintendent the right of subrogation for medical expenses
incurred against persons injuring an officer during the
performance of his or her duties; limiting medical
expenditures to an amount specified by the bureau of
employment programs; and directing the payment of funds
received by subrogation to a special revenue account.
Be it enacted by the Legislature of West Virginia:
That section ten, article two, chapter fifteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-10. Uniforms; authorized equipment, weapons and supplies; local headquarters; quarters for members; life insurance;
medical and hospital fees for injuries and illnesses of
members incurred in line of duty.
(a) The standard uniform to be used by the West Virginia state
police after the effective date of this article shall be as
follows: Forestry green blouse with West Virginia state police
emblem on sleeve; black shoulder strap, one-inch black stripe
around sleeve, four inches from end of sleeve; forestry green
breeches with one-inch black stripe down the side; trousers
(slacks) with one-inch black stripe down the side for officers and
clerks regularly enlisted in the department; forestry green shirts
with West Virginia state police emblem on sleeve; black shoulder
straps; forestry green mackinaw with West Virginia state police
emblem on sleeve; black shoulder straps; one-inch black stripe
around sleeve four inches from end of sleeve; campaign hat of olive
drab color; black Sam Browne belt with holster; black leggings and
shoes; the officer's uniform will have one and one-quarter inch
black stripe around the sleeve of blouse and mackinaw four inches
from end of sleeve circumposed with one-half inch gold braid, also
black collars on blouse, with two silver shoulder bars for
captains, one silver shoulder bar for first lieutenant, one gold
shoulder bar for second lieutenant. For noncommissioned officers
the uniform blouse and shirt will have thereon black chevrons of
the appropriate rank.
(b) The superintendent shall establish the weapons and enforcement equipment which shall be authorized for use by members
of the department, and shall provide for periodic inspection of
such weapons and equipment. He shall provide for the discipline of
members using other than authorized weapons and enforcement
equipment.
(c) The superintendent shall provide the members of the
department with suitable arms and weapons, and, when he deems it
necessary, with suitably equipped automobiles, motorcycles,
watercraft, airplanes and other means of conveyance, to be used by
the West Virginia state police, the governor, and other officers
and executives in the discretion of the governor, in times of
flood, disaster and other emergencies, for traffic study and
control, criminal and safety work, and in other matters of official
business. He shall also provide the standard uniforms for all
members of the department, for officers, noncommissioned officers
and troopers herein provided for. All uniforms and all arms,
weapons and other property furnished the members of the department
by the state of West Virginia shall be and remain the property of
the state.
(d) The superintendent is authorized to purchase and maintain
on behalf of members group life insurance not to exceed the amount
of five thousand dollars on behalf of each member.
(e) The superintendent is authorized to contract and furnish
at department expense medical and hospital services for treatment
of illness or injury of a member which shall be determined by the superintendent to have been incurred by such member while engaged
in the performance of duty and from causes beyond control of such
members. Notwithstanding any other provision of this code, the
superintendent shall have the right of subrogation in any civil
action or settlement brought by or on behalf of a member in
relation to any act by another which results in the illness, injury
or death of a member. To this end, the superintendent is hereby
empowered to initiate such an action on behalf of the department in
order to recover the costs incurred in providing medical and
hospital services for the treatment of a member resulting from
injury or illness originating in the performance of official
duties.
The superintendent is further empowered to consult with the
commissioner of the bureau of employment programs, in defraying the
cost of medical and hospital services, and in no case will the
compensation rendered to health care providers for medical and
hospital services exceed the then current rate schedule in use by
the bureau of employment programs, workers' compensation division.
Third-party reimbursements received by the superintendent
after the expiration of the fiscal year in which the injury,
illness or death occurred will be deposited to a nonexpiring
special revenue account. Funds deposited to this account may be
used solely for defraying the costs of medical or hospital services
rendered to any sworn members as a direct result of an illness,
injury or death resulting from the performance of official duties.
(f) The superintendent shall establish and maintain local
headquarters at such places in West Virginia as are in his judgment
suitable and proper to render the West Virginia state Ppolice most
efficient for the purpose of preserving the peace, protecting
property, preventing crime, apprehending criminals and carrying
into effect all other provisions of this article. The
superintendent shall provide, by lease or otherwise, for housing
and quarters for the accommodation of the members of the West
Virginia Sstate Ppolice, and shall provide all equipment and supplies
necessary for them to perform their duties.
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(NOTE: This legislation grants the superintendent of state
police the right of subrogation for medical expenditures incurred
against persons injuring an officer during the performance of his
or her duties, and directing any money obtained through subrogation
into a special revenue account. It also limits the amount of
medical expenditures to a rate used by the Bureau of Employment
Programs.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)