Introduced Version
House Bill 3017 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 3017
(By Delegates Manypenny, Eldridge and Canterbury)
[Introduced March 21, 2013; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §29-3-20; and to
amend said code by adding thereto a new section, designated
§29-22-9b, all relating to
requiring the State Fire Marshal to
propose rules for legislative approval to set
standards for
minimum acceptable fire company on-duty staffing levels at
full-time paid fire departments; creating
a firefighters
instant lottery scratch-off game and a Firefighters Lottery
Fund
; and requiring the State Fire Marshal to propose rules
for legislative approval to set standards and procedures to
award grants and disperse funds from the Firefighters Lottery
Fund.
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 §29-3-20; and that said code be amended by adding thereto a new section, designated §29-22-
9b, all to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-20. Minimum acceptable fire company staffing levels at full-
time paid fire departments; dispersals from
Firefighters Lottery Fund; rules.
_____The State Fire Marshal shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code to implement the following:
_____(1) Standards for minimum acceptable fire company on-duty
staffing levels at full-time paid fire departments which will
provide an adequate number of personnel to safely and adequately
conduct emergency scene fire suppression and rescue operations,
taking into consideration such factors as the National Fire
Protection Standards for fire company staffing, city size or
classification, potential for high risk fire hazards, general
funding resources available to full-time paid departments and other
factors the State Fire Marshall considers relevant; and
_____(2) Standards and procedures for awarding grants and
dispersing funds from the Firefighters Lottery Fund created in
section nine-b, article twenty-two of this chapter to assist full-
time paid fire departments in hiring additional firefighters to
meet minimum staffing requirements adopted pursuant to subdivision (1) of this section.
ARTICLE 22. STATE LOTTERY ACT.
§29-22-9b. Firefighters instant lottery scratch-off game.
_____(a) Beginning September 1, 2013, the commission shall
establish an instant lottery scratch-off game designated as the
Firefighters Benefit Game, which shall be offered by the lottery.
_____(b) Notwithstanding the provisions of section eighteen of this
article, and subject to the provisions of subsections (c) and (d)
of this section, all net profits received from the sale of
Firefighters Benefit Game lottery tickets, materials and games
shall be deposited with the State Treasurer into the Firefighters
Lottery Fund created under this section, and the State Fire Marshal
may make expenditures from this fund to assist full-time paid fire
departments in meeting minimum on-duty fire company staffing
requirements adopted pursuant to section twenty, article three of
this chapter.
_____(c) Before appropriation of any of the net profits derived
from the Firefighters Benefit Game for the uses set forth in this
section, the Legislature shall first determine that the state has
met all debt obligations for which lottery profits have been
pledged for that fiscal year.
_____(d) There is hereby created in the State Treasury a special
revenue fund designated and known as the Firefighters Lottery Fund
which shall consist of all revenues derived from the Firefighters Benefit Game, all interest earned from investment of the fund, any
appropriations to the fund by the Legislature and any gifts, grants
or contributions received by the fund. Revenues received by the
Firefighters Lottery Fund shall be deposited in the West Virginia
consolidated investment pool with the West Virginia investment
management board, with the interest income a proper credit to all
such funds.
_____(e) The commission shall change the design or theme of the
Firefighters Benefit Game regularly so that the game remains
competitive with the other instant lottery scratch-off games
offered by the commission. The tickets for the instant lottery
game created in this section shall clearly state that the profits
derived from the game are being used to help provide more on-duty
firefighters in this state.
NOTE: The purpose of this bill is to require the State Fire
Marshal to propose rules for legislative approval to set
standards
for minimum acceptable fire company on-duty staffing levels at
full-time paid fire departments which will provide an adequate
number of personnel to safely and adequately conduct emergency
scene fire suppression and rescue operations
. A firefighters
instant lottery scratch-off game is created, with net profits going
to the Firefighters Lottery Fund to provide funding to assist full-
time paid fire departments in hiring additional firefighters.
§29-3-20 and §29-22-9b are new; therefore, they have been
completely underscored.