H. B. 2392


(By Mr. Speaker, Mr. Kiss, and Delegates
Martin, Stemple, Michael, Hunt,

Mezzatesta and Varner)
[Introduced January 26, 1999; referred to the
Committee on Finance.]


A BILL 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.
(a) There is created within the state treasury a special fund known as the "law-enforcement, safety and emergency worker funeral expense payment fund", to the credit of which shall be paid such funds as from time to time are 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 use solely in carrying out 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 direct from the fund as provided in this article payment of an amount not exceeding eight thousand dollars for funeral 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. The secretary shall direct payment 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) 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 include 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, and also includes rangers employed by the Hatfield-McCoy regional recreation authority.
(2) State, regional, county or municipal correctional officer.
(3) A firefighter employed by the state or any political subdivision thereof and a volunteer firefighter performing as a member of a volunteer fire department.
(4) Emergency medical technician or paramedic employed by the state, or any political subdivision thereof, and any volunteer EMT or paramedic serving any state agency or institution or political subdivision of the state.



NOTE: The purpose of this bill is to provide payment of up to $8,000 for funeral expenses for state, regional, county, and municipal law-enforcement officers, firefighters correctional officers, security officers, emergency medical technicians and paramedics, including certain volunteers, killed on duty.

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