H. B. 4351
(By Mr. Speaker, Mr. Kiss and Delegates Varner,
Kominar, Stemple, Pethtel, Perry, Cann,
Michael, Staton and Beach)
[Introduced February 2, 2006; referred to the
Committee on Finance.]
A BILL to amend and reenact º33-3-33 of the Code of West Virginia,
1931, as amended, relating to providing, for administration
and training expenses, State Treasury Fire Protection Fund
revenue to the West Virginia State Fire Chiefs Association and
the West Virginia State Fireman's Association, and exempting
both associations from eligibility and spending requirements
under º8-15-8a and º8-15-8b.
Be it enacted by the Legislature of West Virginia:
That º33-3-33 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. LICENSING, FEES AND TAXATION OF INSURERS.
§33-3-33. Surcharge on fire and casualty insurance policies to
benefit volunteer and part-volunteer fire
departments; the West Virginia State Fire Chiefs
Association; the West Virginia State Fireman's
Association; Public Employees Insurance Agency and municipal pension plans; special fund created;
allocation of proceeds; effective date.
(a)(1) For the purpose of providing additional revenue for
volunteer fire departments, part-volunteer fire departments, the
West Virginia State Fire Chiefs Association, the West Virginia
State Fireman's Association, and certain retired teachers and the
teachers retirement reserve fund, there is hereby authorized and
imposed on and after the first day of July, one thousand nine
hundred ninety-two, on the policyholder of any fire insurance
policy or casualty insurance policy issued by any insurer,
authorized or unauthorized, or by any risk retention group, a
policy surcharge equal to one percent of the taxable premium for
each such policy. After the thirtieth day of June, two thousand
five, the surcharge shall be imposed as specified in subdivisions
(2) and (3) of this subsection. (2) After the thirtieth day of
June, two thousand five, through the thirty-first day of December,
two thousand five, for the purpose of providing additional revenue
for volunteer fire departments, part-volunteer fire departments,
the West Virginia State Fire Chiefs Association, the West Virginia
State Fireman's Association, and to provide additional revenue to
the Public Employees Insurance Agency and municipal pension plans,
there is hereby authorized and imposed on and after the first day
of July, two thousand five, on the policyholder of any fire
insurance policy or casualty insurance policy issued by any insurer, authorized or unauthorized, or by any risk retention
group, a policy surcharge equal to one percent of the taxable
premium for each such policy.
(3) After the thirty-first day of December, two thousand five,
for the purpose of providing additional revenue for volunteer fire
departments and part-volunteer fire departments, the West Virginia
State Fire Chiefs Association, the West Virginia State Fireman's
Association, there is hereby authorized and imposed on the
policyholder of any fire insurance policy or casualty insurance
policy issued by any insurer, authorized or unauthorized, or by any
risk retention group, a policy surcharge equal to fifty-five one
hundredths of one percent of the taxable premium for each such
policy.
(4) For purposes of this section, casualty insurance may not
include insurance on the life of a debtor pursuant to or in
connection with a specific loan or other credit transaction or
insurance on a debtor to provide indemnity for payments becoming
due on a specific loan or other credit transaction while the debtor
is disabled as defined in the policy. The policy surcharge may not
be subject to premium taxes, agent commissions or any other
assessment against premiums.
(b) The policy surcharge shall be collected and remitted to
the commissioner by the insurer, or in the case of surplus lines
coverage, by the surplus lines licensee, or if the policy is issued by a risk retention group, by the risk retention group. The amount
required to be collected under this section shall be remitted to
the commissioner on a quarterly basis on or before the twenty-fifth
day of the month succeeding the end of the quarter in which they
are collected, except for the fourth quarter for which the
surcharge shall be remitted on or before the first day of March of
the succeeding year.
(c) Any person failing or refusing to collect and remit to the
commissioner any policy surcharge and whose surcharge payments are
not postmarked by the due dates for quarterly filing is liable for
a civil penalty of up to one hundred dollars for each day of
delinquency, to be assessed by the commissioner. The commissioner
may suspend the insurer, broker or risk retention group until all
surcharge payments and penalties are remitted in full to the
commissioner.
(d) (1) All money from the policy surcharge shall be collected
by the commissioner who shall disburse the money received from the
surcharge into a special account in the State Treasury, designated
the Fire Protection Fund. The net proceeds of this portion of the
tax and the interest thereon, after appropriation by the
Legislature, shall be distributed quarterly on the first day of the
months of January, April, July and October to each volunteer fire
company or department on an equal share basis by the State
Treasurer. After the thirtieth day of June, two thousand five, the money received from the surcharge shall be distributed as specified
in subdivisions (2) and (3) of this subsection.
(2) (A) After the thirtieth day of June, two thousand five,
through the thirty-first day of December, two thousand five, all
money from the policy surcharge shall be collected by the
commissioner who shall disburse one half of the money received from
the surcharge into the Fire Protection Fund for distribution as
provided in subdivision (1) of this subsection.
(B) The remaining portion of moneys collected shall be
transferred into the fund in the State Treasury of the Public
Employees Insurance Agency into which are deposited the
proportionate shares made by agencies of this state of the Public
Employees Insurance Agency costs of those agencies, until the first
day of November, two thousand five. After the thirty-first day of
October, two thousand five, through the thirty-first day of
December, two thousand five, the remain remaining portion shall be
transferred to the special account in the State Treasury, known as
the Municipal Pensions and Protection Fund.
(3) After the thirty-first day of December, two thousand five,
all money from the policy surcharge shall be collected by the
commissioner who shall disburse all of the money received from the
surcharge into the Fire Protection Fund for distribution as
provided in subdivision (1) of this subsection.
(4) Before each distribution date to volunteer fire companies or departments, the West Virginia State Fire Chiefs Association and
the West Virginia State Fireman's Association, the State Fire
Marshal shall report to the State Treasurer the names and addresses
of all volunteer and part-volunteer fire companies and departments
within the state which meet the eligibility requirements
established in section eight-a, article fifteen, chapter eight of
this code.
(e) Except for the West Virginia State Fire Chiefs Association
and the West Virginia State Fireman's Association, The allocation,
distribution and use of revenues provided in the Fire Protection
Fund are subject to the provisions of sections eight-a and eight-b,
article fifteen, chapter eight of this code.
NOTE: The purpose of this bill is to provide State Treasury
Fire Protection Fund revenue to the West Virginia State Fire Chiefs
Association and the West Virginia State Fireman's Association, to
be used for both associations' administration and training
expenses, and to exempt both associations from eligibility and
spending requirements under º8-15-8a and º8-15-8b.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
