H. B. 4370

(By Mahan, Doyle, Ennis, Houston, Leach, Ron Thompson,

Varner, Ashley and Trump)


[Introduced February 2, 2006;

referred to the Committee on the Judiciary.]




A BILL to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §8-15-8d, all relating to authorizing certain volunteer fire departments to establish a special fund to make awards to qualified volunteers.

Be it enacted by the Legislature of West Virginia:
That §8-15-8b of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be further amended by adding thereto a new section, designated §8-15-8d, all to read as follows:
§8-15-8b. Authorized expenditures of revenues from the municipal pensions and protection fund and the fire protection fund.

Revenues allocated to volunteer and part volunteer fire companies and departments may be expended only for the items listed in subdivisions (1) through (12) (13) of this section.
Funds received from the State for volunteer and part volunteer fire companies and departments, pursuant to sections fourteen-d and thirty-three, article three, and section sixteen-a, article twelve, all of chapter thirty-three of this code, may not be commingled with funds received from any other source. Expenditures may be made for the following:
(1) Personal protective equipment, including protective head gear, bunker coats, pants, boots, combination of bunker pants and boots, coats and gloves;
(2) Equipment for compliance with the national fire protection standard or automotive fire apparatus, NFPA-1901;
(3) Compliance with insurance service office recommendations relating to fire departments;
(4) Rescue equipment, communications equipment and ambulance equipment: Provided, That no moneys received from the municipal pensions and protection fund or the fire protection fund may be used for equipment for personal vehicles owned or operated by volunteer fire company or department members;
(5) Capital improvements reasonably required for effective and efficient fire protection service and maintenance of the capital improvements;
(6) Retirement of debts;
(7) Payment of utility bills;
(8) Payment of the cost of immunizations, including any laboratory work incident to the immunizations, for firefighters against hepatitis-b and other blood borne pathogens: Provided, That the vaccine shall be purchased through the state immunization program or from the lowest cost vendor available: Provided, however, That volunteer and part volunteer fire companies and departments shall seek to obtain no cost administration of the vaccinations through local boards of health: Provided further, That in the event any volunteer or part volunteer fire company or department is unable to obtain no cost administration of the vaccinations through a local board of health, the company or department shall seek to obtain the lowest cost available for the administration of the vaccinations from a licensed health care provider;
(9) Any filing fee required to be paid to the Legislative Auditor's Office under section fourteen, article four, chapter twelve of this code relating to sworn statements of annual expenditures submitted by volunteer or part volunteer fire companies or departments that receive state funds or grants;
(10) Property/casualty insurance premiums for protection and indemnification against loss or damage or liability;
(11) Operating expenses reasonably required in the normal course of providing effective and efficient fire protection service, which include, but are not limited to, gasoline, bank fees, postage and accounting costs; and
(12) Dues paid to national, state and county associations.; and
(13) Any moneys invested for the purposes of section eight-d of this article.
§8-15-8d. Authorized expenditures of revenues and moneys from other sources to provide awards to volunteers.

Revenues allocated to volunteer and part volunteer fire companies pursuant to section eight, eight-a or eight-b, in addition to moneys collected from any other source, may be received and invested by the governing board of the department for the purpose of making periodic awards to volunteers of that department. Before any award is given, the department must adopt guidelines for uniform qualification of volunteers that recognize years or service or other performance incentive available to all qualified volunteers of that department. Awards may consist of, but are not limited to, monthly cash payments, tuition payments for the volunteer or a member of his or her immediate family, a one-time payment to a eligible volunteer, a gift awarded to the immediate family or an volunteer injured or killed while volunteering, or other award. The total cash award received from a state funding source including but not limited to state, county and municipal government contributions, may not exceed four thousand dollars per calendar year for each volunteer, except for any one time award based on injury or death of a firefighter. Any award given, does not create any duty by the department or municipality to award future payments, and all payments are deemed as individual gifts by the department in appreciation for services provided. Moneys once placed in an established fund or account must only be used for the designated benefit. Any fund or account established pursuant to this section, if dissolved or otherwise no longer used for its intended purpose, becomes the property of the municipality.

NOTE: The purpose of this bill is to authorize volunteer and part volunteer fire departments to establish a fund to grant awards to their volunteers that recognizes years of service to the department.