Withdrawn by House 3-25-2009
HB3158 HFA SHOTT AND COWLES 3-20
Delegates Shott and Cowles move to amend the enacting
section to read as follows:
"That §8-13C-1, §8-13C-2, §8-13C-3, §8-13C-4, §8-13C-5,
§8-13C-9, §8-13C-11 and §8-13C-14 of the Code of West Virginia,
1931, as amended, be amended and reenacted; that §8-15-8a and
§8-15-8b of said code be amended and reenacted; that said code be
amended by adding thereto two new sections, designated §8-15-8d
and §8-15-8e; that said code be amended by adding thereto a new
section, designated §11-21-12i; that §12-4-14 of said code be
amended and reenacted; that said code be amended by adding
thereto a new section, designated §33-2-15e; and that said code
be amended by adding thereto three new sections, designated
§33-3-34 and §33-3-35, all to read as follows" followed by a
colon.
Delegates Shott and Cowles move to amend the bill on page
sixty, following line thirty-four, by striking out all of section
sixteen.
On page sixty-six, following line one hundred and five, by
striking out all of section seventeen.
On page sixty-eight, following line thirty-four, by striking
out all of section eighteen-a.
On page seventy-seven, following line one hundred and sixty-nine, by striking out all of section eighteen-b.
On page eighty, by striking out all of section nineteen.
On page ninety-one, following line two hundred and eleven,
by striking out all of section twenty.
On page one hundred and four, following line two hundred and
fifty-one, by striking out all of section twenty-a.
On page one hundred and eight, following line seventy-six,
by striking out all of section twenty-two.
On page one hundred and twelve, following line seventy-
seven, by striking out all of section twenty-two-a.
On page one hundred and nineteen, following line one hundred
and twenty-seven, by striking out all of section twenty-three-a.
On page one hundred and twenty-six, following line one
hundred and thirty-four, by striking out all of section twenty-
six-a.
On page one hundred and thirty-five, following line one
hundred and sixty-two, by striking out all of section twenty-
seven.
On page one hundred and fifty-five, following line six, by
striking out all of section fourteen-d.
On page one hundred and sixty-one, following line one
hundred and three, by striking out all of section fourteen-e.
On page one hundred and seventy, following line one hundred
and sixty-seven, by striking out all of section thirty-three.
On page one hundred and seventy-six, following line one hundred and seven, by striking out all of section thirty-four and
inserting in lieu thereof the following:
§33-3-34. Funding to benefit volunteer and part-volunteer fire
departments; allocation of proceeds; effective July 1, 2009.
(a) On the first day of July, two thousand and nine, and on
the first day of July for the subsequent three years, the
Treasurer shall cause to be transferred three million, four two
thousand dollars from the repayment of obligations pursuant to
section twenty-four, article two-C, chapter twenty-three into a
special account in the State Treasury, designated the Fire
Protection Fund. This money and the interest or other earnings
thereon, after appropriation by the Legislature, shall be
distributed quarterly on the first day of the months of January,
April, July and October to each volunteer fire company or
department on an equal share basis by the State Treasurer. Each
volunteer fire company or department shall receive an equal share
of the revenues allocated for volunteer and part volunteer fire
companies and departments. Provided, That the if the amount
repaid on obligations to this state are paid in excess of current
agreements, then, any excess shall be transferred according up to
the total amount to be transferred under this seciton.
(b) Before each distribution date to volunteer fire
companies or departments, the State Fire Marshal shall report to
the State Treasurer the names and addresses of all volunteer and part-volunteer fire companies and departments within the state
which meet the eligibility requirements established in section
eight-a, article fifteen, chapter eight of this code.
(c) The allocation, distribution and use of revenues
provided from the Fire Protection Fund are subject to the
provisions of sections eight-a and eight-b, article fifteen,
chapter eight of this code.
(d) The provisions of this section are effective beginning
July 1, 2009, and thereafter.
And
On page one hundred and eighty, striking out all of section
thirty-five and inserting in lieu thereof the following:
§33-3-35. Funding for Volunteer Firefighters Length of
Service Awards Programs Fund benefits for members of volunteer
and part volunteer fire companies and departments; special fund
created; allocation of proceeds; duties of State Treasurer and
State Fire Marshal.
(a) On the first day of July, two thousand and nine, and on
the first day of July for the subsequent three years, the
Treasurer shall cause to be transferred three million, two
thousand dollars from the repayment of obligations pursuant to
section twenty-four, article two-C, chapter twenty-three into a
special revenue fund to be administered by the State Treasurer,
designated the "Volunteer Firefighters Length of Service Awards
Program Fund," which is hereby created, and expended for the purposes provided in this section in accordance with subsection
(b) of this section. Any earnings or other return on the
investment of the moneys in the fund shall be deposited into the
General Revenue Fund, but at the end of each fiscal year, the
moneys deposited into the fund shall not revert to the General
Revenue Fund but shall continue to be held in the fund for
expenditure during the ensuing fiscal year, except as provided in
subsection (e) of this section. Provided, That the if the amount
repaid on obligations to this state are paid in excess of current
agreements, then, any excess shall be transferred according up to
the total amount to be transferred under this seciton.
(b)(1) On and after January 1, 2011, and each year
thereafter, the State Treasurer shall distribute an amount equal
to the amount of money in the Volunteer Firefighters Length of
Service Awards Program Fund that was collected and deposited into
the fund during the next preceding calendar year as provided in
this subsection.
(2) Not more than one-half of one percent of the total
amount of collections during the next preceding calendar year, in
an amount not to exceed $100,000 as certified by the State Fire
Marshal as necessary to defray the annual expenses for the
performance of the administrative duties imposed upon the State
Fire Marshal by this section and section eight-e, article
fifteen, chapter eight of this code, shall be transferred by the
State Treasurer to the Fire Marshal Fees Fund established in section twelve-b, article three, chapter twenty-nine of this
code.
(3) Not more than one-half of one percent of the total
amount of collections during the next preceding calendar year, in
an amount not to exceed $100,000 as certified by the State
Treasurer as necessary to defray the annual expenses for the
performance of the administrative duties imposed upon the State
Treasurer by this section, shall be transferred to an account
designated by the State Treasurer.
(4) From the net amount collected and deposited into the
fund during the next preceding calendar year as provided in this
subsection, the State Treasurer shall distribute a share, as
determined in subdivisions (5) and (6) of this subsection, to
each eligible volunteer and part volunteer fire company and
department that provides benefits to their members under a
qualified length of service awards program for purposes of
defraying the annual expense of the premium costs incurred by the
volunteer or part volunteer fire company or department to
participate in the program.
(5) Before each distribution, the State Fire Marshal shall
report to the State Treasurer the names and addresses of all
volunteer and part volunteer fire companies and departments
within the state which meet the eligibility requirements
established in section eight-e, article fifteen, chapter eight of
this code, and separately identify the names and addresses of those that are enrolled in a qualified length of service awards
program and the payment or portion of payment due or that will
become due from each of those volunteer and part volunteer fire
companies and departments during the current year to continue
coverage under the program.
(6) The share distributed to each qualified volunteer and
part volunteer fire company and department shall be the lesser of
the amount of the payment or portion of payment due or that will
become due during the current year from the volunteer or part
volunteer fire company or department to continue coverage under
the program, or an amount equal to the net amount collected and
deposited into the fund during the next preceding calendar year
as described in subdivision (1) of this subsection divided by the
total number of volunteer and part volunteer fire companies and
departments within the state reported by the State Fire Marshal
under subdivision (5) of this subsection.
(7) Within thirty days following the expiration of the
calendar year, the State Treasurer shall transfer any amount
undistributed and remaining of the moneys to be distributed under
subdivision (6) of this subsection to the Fire Protection Fund
administered pursuant to section thirty-four of this article and
expended for the purposes provided by that section.
(c) Funds received by volunteer and part volunteer fire
companies and departments pursuant to this section shall be used
solely for the cost of providing a length of service awards program for their members. Any volunteer or part volunteer fire
company or department that fails to expend those funds for those
purposes shall repay the amount of the funds to the State
Treasurer within one year of receipt. The State Treasurer shall
deposit all repaid amounts into the Fire Protection Fund
administered pursuant to section thirty-four of this article.
(d) The allocation, distribution and use of revenues
provided in the Volunteer Firefighters Length of Service Awards
Program Fund are subject to sections eight-b and eight-e, article
fifteen, chapter eight of this code.
Adopted
Rejected