ENGROSSED
Senate Bill No. 762
(By Senators Bowman, Boley, Browning, Caruth, Foster, Kessler,
McCabe, Minard, Palumbo, Snyder, Sypolt, White, Williams and
Yost)
____________
[Originating in the Committee on Government Organization;
reported March 26, 2009.]
_____________
A BILL to amend and reenact §7-1-3d,
of
the Code of West Virginia,
1931, as amended;
to amend and reenact §8-15-8 and
§8-15-8b of
said code;
and to amend said code by adding thereto a new
section, designated §8-15-8d, all relating to volunteer fire
companies and departments; allowing the state, county
commissions and municipalities to provide funding to volunteer
fire companies and departments
for length of service awards
program;
allowing
volunteer fire companies and departments
to
use privately raised
funds
for length of service awards
program; and
clarifying that the state, county commissions and
municipalities
are not liable for any length of service
awards
program.
Be it enacted by the Legislature of West Virginia:
That §7-1-3d of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §8-15-8 and §8-15-8b of said code be
amended and reenacted; and that said code be amended by adding thereto a new section, designated §8-15-8d, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3d. Levy for, establishment and operation of fire prevention
units; financial aid.
(a) The county commission in any county may levy for and may
erect, maintain and operate fire stations and fire prevention units
and equipment therefor in the county:
Provided, That if a county
commission establishes a separate fire protection unit in any city
in West Virginia that is now operating under the provisions of the
state civil service act for paid fire departments, then the new
unit shall be operated in accordance with the provisions of the
civil service act.
(b) Any county commission may render financial aid to any one
or more public fire protection facilities in operation in the
county for the general benefit of the public in the prevention of
fires.
(c) Any county commission may also authorize volunteer fire
companies or paid fire departments to charge reasonable
reimbursement fees for personnel and equipment used in performing
fire-fighting services, victim rescue or cleanup of debris or
hazardous materials by department personnel. The rate for any such
fees to be charged to property owners or other persons responsible
or liable for payment for such services must be approved by the
county commission and must be reasonable:
Provided, however That
no fee for any single incident or accident shall exceed five hundred dollars, except an incident or accident involving hazardous
materials.
(d) The county commission shall require that any fees charged
pursuant to the authority conferred by this section must be in
writing and be itemized by specific services rendered and the rate
for each service.
(e) The county commission may provide funding to a length of
service awards program administered by a local volunteer fire
department: Provided, That the county commission and the local
volunteer fire department shall enter into an agreement
specifically stating that the county commission shall have no
ownership of the program and shall not be held liable for the
program and any unfunded portions thereof.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 15. FIREFIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-8. Support of volunteer fire company; return of property
upon dissolution.
(a) Any municipality may contribute to the support of its
volunteer fire company by providing a firehouse, fire-fighting
equipment, necessary paid personnel and incidental requirements to
maintain such company upon an efficient basis. Upon the
dissolution of any such company, all of the property contributed by
the municipality shall become the property of and be returned to
such municipality.
(b) A municipality may provide funding to a length of service awards program administered by a local volunteer fire department:
Provided, That the municipality and the local volunteer fire
department shall enter into an agreement specifically stating that
the municipality shall have no ownership of the program and shall
not be held liable for the program and any unfunded portions
thereof.
§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) (13), inclusive,
subsection (b) of
this section.
(b) Funds received from the state for volunteer and part-
volunteer fire companies and departments, pursuant to sections
fourteen-d and thirty-three, article three, chapter thirty-three of
this code and section sixteen-a, article twelve of said chapter,
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;
and
(13) Funding a length of service awards program administered
by a local volunteer fire department: Provided, That the State Fire
Marshal and the local volunteer fire department shall enter into an
agreement specifically stating that the state shall have no
ownership of the program and shall not be held liable for the
program and any unfunded portions thereof.
§8-15-8d. Authorized expenditures of revenues privately raised for
funding of a length of service awards program.
(a) Revenues privately raised by a volunteer fire department,
including revenues from raffles and charitable bingo, may be used
to provide benefits to its members under a length of service awards
program:
Provided, That each volunteer fire department shall
contribute no more than $30,000 per fiscal year to its length of
service awards program.
(b) The State of West Virginia and any of its political
subdivisions shall have no ownership of the program administered by a local volunteer fire department pursuant to this section and
shall not be held liable for the program and any unfunded portions
thereof.
Email
Webmaster | © 2024 West Virginia Legislature **
