ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2392
(By Mr. Speaker, Mr. Kiss, and Delegates Martin, Stemple,
Michael, Hunt,
Mezzatesta and Varner)
[Passed March 13, 1999; in effect ninety days from passage.]
AN ACT to amend chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article eleven, relating
to payment of funeral expenses of certain law-enforcement,
safety and emergency workers killed while performing their
duties.
Be it enacted by the Legislature of West Virginia:
That chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article eleven, to read
as follows:
ARTICLE 11. PAYMENT OF FUNERAL EXPENSES.
§15-11-1. Law-enforcement, safety and emergency worker funeral expense fund created.
There is created within the state treasury a special fund
known as the "law-enforcement, safety and emergency worker
funeral expense payment fund", into which there shall be
deposited such moneys as from time to time may be appropriated by
the Legislature or received from other sources as may be donated
or otherwise provided for the fund. The fund shall be
administered by the secretary of military affairs and public
safety for the sole purpose of effecting the provisions of this
article.
§15-11-2. Payment of funeral expenses of law-enforcement, safety
and emergency workers killed in the line of duty.
(a) The secretary of military affairs and public safety
shall, upon written request, direct payment from the fund in the
form of a draft as provided in this article up to and including
an amount not exceeding eight thousand dollars for the reasonable
funeral expenses, including burial expenses, of a law- enforcement, safety or emergency worker killed on or after the
first day of January, one thousand nine hundred ninety-nine,
while carrying out official duties: Provided, That no such funds
shall be expended for any funeral expense that is otherwise payable pursuant to the provisions of article four, chapter
twenty-three of this code, as amended, or other benefit programs
established by a provision of this code which does not involve
employee participation: Provided, however, That where other
funds for funeral expenses are provided pursuant to the laws of
this state, from whatever source, which amount to less than eight
thousand dollars, funds provided by the provisions of this
section shall be expended so as to assure that at least eight
thousand dollars is available for reasonable funeral expenses.
The secretary shall direct payment of such funeral expenses upon
written request of an employer or head of a volunteer
organization, as is appropriate pursuant to this article,
certifying that the individual for whom funeral expenses are
requested was killed while performing official duties.
(b) The secretary shall supply the draft in the name of the
person contracting for the funeral services and, if known, the
service provider to the employer or agency head making the
request who shall tender the draft to the person who contracted
for the services.
(c) For the purposes of this section, "law-enforcement,
safety or emergency worker" means:
(1) Any duly authorized member of a law-enforcement agency
who is authorized to maintain public peace and order, prevent and
detect crime, make arrests and enforce the laws of the state or
any county or municipality thereof, other than parking
ordinances, and including those persons employed as security
officers at municipal, county, regional or state offices,
authorities or institutions, although their employers may not be
public law-enforcement agencies, employed by the Hatfield-McCoy
regional recreation authority and members of the West Virginia
national guard while engaged in active duty service: Provided,
That this section does not apply to those persons employed by
private security firms or agencies.
(2) Any state, regional, county or municipal correctional
officer.
(3) Any firefighter employed by the state or any political
subdivision of the state and any volunteer firefighter performing
as a member of a volunteer fire department.
(4) Any "emergency medical services personnel", as defined
in section three, article four-c, chapter sixteen of this code,
employed by or volunteering for any state agency or institution
or political subdivision of the state.