H. B. 4141
(By Mr. Speaker, Mr. Kiss)
[Introduced January 24, 2002; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section two, article eleven, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section seven, article ten, chapter eighteen-b of said code,
all relating to requiring the payment of funeral expenses of
probation and parole officers killed in the line of duty; and,
requiring state institutions of higher education to permit
spouses and children of probation and parole officers killed
in the line of duty to attend classes without being required
to pay tuition and fees.
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; and that section seven, article ten,
chapter eighteen-b of said code be amended and reenacted, all to
read as follows:
CHAPTER 15. PUBLIC SAFETY.
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 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 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 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.
(5) Any probation or parole officer appointed under the
provisions of section five or fourteen, article twelve, chapter
sixty-two, or section fifteen, article five, chapter forty-nine of
this code.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-7. Tuition and fee waivers for children and spouses of
officers and firefighters killed in the line of
duty.
Each state institution of higher education shall permit any
person to attend its undergraduate courses and classes if classroom
space is available without charging such the
person any tuition or
any fees, including those provided in sections two and three of
this article, if such the
person is the child or spouse of a
law-enforcement officer as defined in section one, article
twenty-nine, chapter thirty of this code, a correctional officer at
a state penal institution, a conservation officer, a parole
officer, a probation officer or a registered firefighter, and such
the
officer or firefighter was killed in the line of duty while
employed by the state or any political subdivision thereof, or such
firefighter was a member of a volunteer fire department serving a
political subdivision of this state: Provided, That the state
institution of higher education may require such the
person to pay
special fees, including any laboratory fees, if such the
fees are
required of all other students taking a single or the particular
course and may also require such the
person to pay for parking.
The governing boards may promulgate rules for determining the availability of classroom space and other rules as it considers
necessary to implement this section, including rules regarding
qualifications for attendance, which shall may not exceed the
qualifications required of other persons.
The governing boards may also extend to persons attending
courses and classes under this section any rights, privileges or
benefits extended to other students which it considers appropriate.
NOTE: The purpose of this bill is to
require the payment of
funeral expenses of probation and parole officers killed in the
line of duty; and, requiring state institutions of higher education
to permit spouses and children of probation and parole officers
killed in the line of duty to attend classes without being required
to pay tuition and fees.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.