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Introduced Version House Bill 2369 History

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hb2369 intr
H. B. 2369


(By Delegates Hamilton, Boggs,

Crosier and Leggett)


[Introduced February 15, 2005; referred to the

Committee on Finance.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-9, relating to authorizing the Superintendent of the West Virginia State Police to operate a voluntary contribution fund for designated beneficiaries of deceased officers; providing legislative findings and a statement of legislative intent; providing for voluntary contributions to and payments from the fund; authorizing the creation and maintenance of a bank account for the fund; and authorizing the Superintendent to develop forms and internal procedures for the operation of the voluntary contribution 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 §15-2-9, to read as follows:

ARTICLE 2. WEST VIRGINIA STATE POLICE.

§15-2-9. State Police voluntary contribution fund.
(a) Legislative findings and intent. -- The Legislature finds and declares that since the year one thousand nine hundred fifty-one, the West Virginia State Police has operated a voluntary contribution fund wherein, upon the death of a State Police officer or employee who is 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 are 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. It is the intention of the Legislature to permit the Superintendent of the State Police to continue to administer the contribution fund as a personal and private statement of thanks from fellow officers and employees to the family of a deceased member. It is not the intention of the Legislature to create any new State benefit plan, to create any entitlement in any person to any benefit or contribution provided from the fund, or to supplant in any manner the state-funded public benefits to which State Police officers or employees may be entitled by law.
(b) Enrollment in and operation of fund. -- Membership in the State Police contribution fund is voluntary. Within five days of employment or reemployment with the West Virginia State Police, a a West Virginia State Police officer or employee may elect to participate in the fund. A retired member may maintain membership in 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. 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.
(c) Authorizing bank account and use of departmental resources. -- The Superintendent is authorized to establish and maintain a bank account established by agreement with a nongovernmental bank within the State to receive contributions to and make disbursements from the fund. 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 through the State Police accounting section. For the purpose of facilitating contributions and disbursements from the fund, the use of State Police resources is authorized, which may include staff time, postage, duplicating and incidental expense.
(d) Internal policies and forms. -- 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
authorize the continuation of the West Virginia contribution fund, a gift collection and disbursement system for the benefit of beneficiaries of deceased members, which has existed within the State Police since 1951.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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