ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 91
(Senators Wooton, Burnette, Caldwell, Kessler, Minard,Mitchell, Oliverio,
Redd, Ross, Rowe, Snyder, Deem,
Facemyer and McKenzie, original sponsors)
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[Passed March 9, 2002; to take effect July 1, 2002.]
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AN ACT to amend and reenact section two, article eleven, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring the
payment of funeral expenses of probation officers and
correctional employees killed in the line of duty.
Be it enacted by the Legislature of West Virginia:
That section two, article eleven, chapter fifteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. PAYMENT OF FUNERAL EXPENSES.
§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 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 ensure that at least
eight thousand dollars is available for reasonable funeral
expenses. The secretary shall direct payment of the 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 of the state, 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
employee;
(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; or
(5) Any probation officer appointed under the provisions of
section five, article twelve, chapter sixty-two of this code.