Senate Bill No. 64
(By Senators Kessler, Deem, Minard and Facemire)
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[Introduced February 11, 2009; referred to the Committee on
Pensions; and then to the Committee on Finance.]
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A BILL to amend and reenact §8-15-8b of the Code of West Virginia,
1931, as amended, relating to providing for a pension for
volunteer firemen to enhance retention and recruitment of
volunteer firemen; and authorizing revenues allocated to
volunteer and part-volunteer fire companies and departments to
fund pensions for volunteer firemen.
Be it enacted by the Legislature of West Virginia:
That §8-15-8b of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-8b. Authorized expenditures of revenues from the municipal
pensions and protection fund and the fire protection
fund.
(a) Revenues allocated to volunteer and part volunteer fire companies and departments may be expended only for the items listed
in subdivisions (1) through (12) and subsection (b) of this
section.
Funds received from the state for volunteer and part volunteer
fire companies and departments, pursuant to sections fourteen-d and
thirty-three, article three, and section sixteen-a, article twelve,
all of chapter thirty-three of this code, may not be commingled
with funds received from any other source. Expenditures may be
made for the following:
(1) Personal protective equipment, including protective head
gear, bunker coats, pants, boots, combination of bunker pants and
boots, coats and gloves;
(2) Equipment for compliance with the national fire protection
standard or automotive fire apparatus, NFPA-1901;
(3) Compliance with insurance service office recommendations
relating to fire departments;
(4) Rescue equipment, communications equipment and ambulance
equipment: Provided, That no moneys received from the municipal
pensions and protection fund or the fire protection fund may be
used for equipment for personal vehicles owned or operated by
volunteer fire company or department members;
(5) Capital improvements reasonably required for effective and
efficient fire protection service and maintenance of the capital
improvements;
(6) Retirement of debts;
(7) Payment of utility bills;
(8) Payment of the cost of immunizations, including any
laboratory work incident to the immunizations, for firefighters
against hepatitis-b and other blood borne pathogens: Provided,
That the vaccine shall be purchased through the state immunization
program or from the lowest cost vendor available: Provided,
however, That volunteer and part volunteer fire companies and
departments shall seek to obtain no cost administration of the
vaccinations through local boards of health: Provided further,
That in the event any volunteer or part volunteer fire company or
department is unable to obtain no cost administration of the
vaccinations through a local board of health, the company or
department shall seek to obtain the lowest cost available for the
administration of the vaccinations from a licensed health care
provider;
(9) Any filing fee required to be paid to the Legislative
Auditor's Office under section fourteen, article four, chapter
twelve of this code relating to sworn statements of annual
expenditures submitted by volunteer or part volunteer fire
companies or departments that receive state funds or grants;
(10) Property/casualty insurance premiums for protection and
indemnification against loss or damage or liability;
(11) Operating expenses reasonably required in the normal course of providing effective and efficient fire protection
service, which include, but are not limited to, gasoline, bank
fees, postage and accounting costs; and
(12) Dues paid to national, state and county associations.
(b) The Legislature finds that recruiting and retention of
volunteer firemen is in the public interest and an important cost
effective way to provide for the health and well-being of the
citizens; therefore, in addition to the permitted expenditures
allowed in subdivision (1) of this section, revenues allocated to
volunteer and part volunteer fire companies and departments under
the provisions of this section may be allocated to fund pensions
for volunteer firemen.
NOTE: The purpose of this bill is to provide that certain
revenues may be allocated to fund pensions for volunteer firemen in
order to improve recruitment and retention of volunteer firemen.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.