COMMITTEE SUBSTITUTE
FOR
H. B. 2392
(By Mr. Speaker, Mr. Kiss, and Delegates Martin, Stemple,
Michael, Hunt,
Mezzatesta and Varner)
(Originating in the Committee on Finance)
[February 12, 1999]
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.
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 monies 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 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 similar law. 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) 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, and also including rangers
employed by the Hatfield-McCoy regional recreation authority:
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 technician or paramedic employed
by the state, or any political subdivision of the state, and any
volunteer EMT or paramedic serving any state agency or
institution or political subdivision of the state.