Senate Bill No. 439
(By Senators Kessler, Minard, Deem and D. Facemire)
____________
[Introduced March 4, 2009; referred to the Committee on
Government Organization.]
____________
A BILL to amend and reenact §15-2-10 of the Code of West Virginia,
1931, as amended, relating to permitting the Superintendent of
the State Police to consult with the Insurance Commissioner
instead of the Executive Director of the Workers' Compensation
Commission in order to defray medical costs; and changing the
maximum medical care costs schedule from that of the Workers'
Compensation Commission to the Insurance Commissioner.
Be it enacted by the Legislature of West Virginia:
That §15-2-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-10. Uniforms; authorized equipment, weapons and supplies;
local headquarters; quarters for members; life
insurance; medical and hospital fees for injuries and
illnesses of members incurred in line of duty.
(a) The standard uniform to be used by the West Virginia State
Police after the effective date of this article shall be as
follows: Forestry green blouse with West Virginia State Police
emblem on sleeve; black shoulder strap one-inch black stripe around
sleeve, four inches from end of sleeve; forestry green breeches
with one-inch black stripe down the side; trousers (slacks) with
one-inch black stripe down the side for officers and clerks
regularly enlisted in the State Police; forestry green shirts with
West Virginia State Police emblem on sleeve; black shoulder straps;
forestry green mackinaw with West Virginia State Police emblem on
sleeve; black shoulder straps; one-inch black stripe around sleeve
four inches from end of sleeve; campaign hat of olive drab color;
black Sam Browne belt with holster; black leggings and shoes; the
officer's uniform will have one and one-quarter inch black stripe
around the sleeve of blouse and mackinaw four inches from end of
sleeve circumposed with one-half inch gold braid, also black
collars on blouse, with two silver shoulder bars for captains, one
silver shoulder bar for first lieutenant, one gold shoulder bar for
second lieutenant. For noncommissioned officers the uniform blouse
and shirt will have thereon black chevrons of the appropriate rank.
(b) The superintendent shall establish the weapons and
enforcement equipment which are authorized for use by members of
the State Police and shall provide for periodic inspection of the
weapons and equipment. He or she shall provide for the discipline of members using other than authorized weapons and enforcement
equipment.
(c) The superintendent shall provide the members of the State
Police with suitable arms and weapons and, when he or she considers
it necessary, with suitably equipped automobiles, motorcycles,
watercraft, airplanes and other means of conveyance to be used by
the West Virginia State Police, the Governor and other officers and
executives in the discretion of the Governor, in times of flood,
disaster and other emergencies, for traffic study and control,
criminal and safety work and in other matters of official business.
He or she shall also provide the standard uniforms for all members
of the State Police, for officers, noncommissioned officers and
troopers provided for in this section. All uniforms and all arms,
weapons and other property furnished the members of the State
Police by the State of West Virginia are and remain the property of
the state.
(d) The superintendent may purchase and maintain on behalf of
members group life insurance not to exceed the amount of $5,000 on
behalf of each member.
(e) The superintendent may contract and furnish at State
Police expense medical and hospital services for treatment of
illness or injury of a member which shall be determined by the
superintendent to have been incurred by the member while engaged in
the performance of duty and from causes beyond control of the members. Notwithstanding any other provision of this code, the
superintendent has the right of subrogation in any civil action or
settlement brought by or on behalf of a member in relation to any
act by another which results in the illness, injury or death of a
member. To this end, the superintendent may initiate an action on
behalf of the State Police in order to recover the costs incurred
in providing medical and hospital services for the treatment of a
member resulting from injury or illness originating in the
performance of official duties. This subsection shall not affect
the power of a court to apply ordinary equitable defenses to the
right of subrogation.
The superintendent may also consult with the
executive
director of the workers' compensation commission Insurance
Commissioner in an effort to defray the cost of medical and
hospital services
and prescription drugs. In no case will the
compensation rendered to health care providers for medical and
hospital services exceed the then current rate schedule in use by
the
workers' compensation commission accepted and recognized by the
Insurance Commissioner.
Third-party reimbursements received by the superintendent
after the expiration of the fiscal year in which the injury,
illness or death occurred will be deposited to a nonexpiring
special revenue account. Funds deposited to this account may be
used solely for defraying the costs of medical or hospital services rendered to any sworn members as a direct result of an illness,
injury or death resulting from the performance of official duties.
(f) The superintendent shall establish and maintain local
headquarters at those places in West Virginia that are in his or
her judgment suitable and proper to render the West Virginia State
Police most efficient for the purpose of preserving the peace,
protecting property, preventing crime, apprehending criminals and
carrying into effect all other provisions of this article. The
superintendent shall provide, by acquisition, lease or otherwise,
for local headquarters, for housing and quarters for the
accommodation of the members of the West Virginia State Police, and
for any other facilities necessary or useful for the effective
operation of the West Virginia State Police and shall provide all
equipment and supplies necessary for the members of the West
Virginia State Police to perform their duties.
NOTE: The purpose of this bill is to permit the Superintendent
of the State Police to consult with the Insurance Commissioner
instead of the executive director of the Workers' Compensation
Commission in order to defray medical costs. The bill also changes
the maximum medical care costs schedule from that of the Workers'
Compensation Commission to the Insurance Commissioner.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.