COMMITTEE SUBSTITUTE
FOR
H. B. 2619
(By Mr. Speaker, Mr. Kiss and Delegates Varner, Pethel,
Kominar, Stemple, Ennis and Leach )
(Originating in the House Committee on Political Subdivisions)
[March 16, 2005]
A BILL to amend and reenact §8-15-8b of the Code of West Virginia,
1931, as amended, relating to authorized expenditures from
municipal pensions and protection funds and fire protection
funds; and providing that moneys from revenues allocated to
volunteer and part volunteer fire companies and departments
may be expended for the payment of dues to national, state and
county associations.
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 to read as follows:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
§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
(a) (1) through
(k) (12) 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:
(a) (1) Personal protective equipment, including protective
head gear, bunker coats, pants, boots, combination of bunker pants
and boots, coats and gloves;
(b) (2) Equipment for compliance with the national fire
protection standard or automotive fire apparatus, NFPA-1901;
(c) (3) Compliance with insurance service office
recommendations relating to fire departments;
(d) (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;
(e) (5) Capital improvements reasonably required for effective
and efficient fire protection service and maintenance of the capital improvements;
(f) (6) Retirement of debts;
(g) (7) Payment of utility bills;
(h) (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;
(i) (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;
(j) (10) Property/casualty insurance premiums for protection
and indemnification against loss or damage or liability;
and
(k) (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.