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