Senate Bill No. 106
(By Senators Chafin, Green, Minard, D. Facemire and Stollings)
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[Introduced January 13, 2010; referred to the Committee on
Finance.]
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A BILL to amend and reenact §8-15-8b of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new
section, designated §8-15-8d; and to amend said code by adding
thereto a new section, designated §33-3-34, all relating to
dedicating a new twenty one hundredths of one percent
surcharge on the policyholder of any fire insurance policy or
casualty insurance policy issued in this state to defray costs
incurred by qualified volunteer and part-volunteer fire
companies and departments that provide benefits to their
members under a qualified Length of Service Awards Program.
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; that said code be amended by adding
thereto a new section, designated §8-15-8d; and that said code be
amended by adding thereto a new section, designated §33-3-34, all to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.
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 (1) through (12) of this section.
Funds received from the state for volunteer and part volunteer
fire companies and departments, pursuant to section fourteen-d,
thirty-three and thirty-four, article three, chapter thirty-three,
and
section sixteen-a, article twelve, all of chapter thirty-three
section seven, article twelve-c, 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 However, 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 These vaccines shall be purchased through the
state immunization program or from the lowest cost vendor
available.
Provided, however, That However, 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 addition, 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.
§8-15-8d. Eligibility for allocation from Volunteer Firefighters
Length of Service Awards Program Fund.
(a) To be eligible to receive funds allocated from the
Volunteer Firefighters Length of Service Awards Program Fund
administered pursuant to section thirty-four, article three,
chapter thirty-three of this code, each volunteer and part
volunteer fire company and department shall meet the requirements
listed in subdivisions (a) through (c), section eight-a of this
article, and be enrolled in a qualified length of service awards
program.
(b) A length of service awards program is qualified for
purposes of this section if approved by the State Fire Marshal. The State Fire Marshal shall approve a length of service awards
program if:
(1) A volunteer or part volunteer fire company or department
submits, or if the program is being provided to a group, the
volunteer and part volunteer fire companies and departments
participating in the group submit to the State Fire Marshal, in the
manner and form prescribed by the State Fire Marshal, an
application for approval of the program, together with such
documents and other information relating to the program as the
State Fire Marshal may determine to be necessary to perform the
duties prescribed under this section and section thirty-four,
article three, chapter thirty-three of this code;
(2) In consultation with the Insurance Commissioner and such
others as the State Fire Marshal may deem necessary, the State Fire
Marshal determines the provider of the program is licensed to
provide the program under chapter thirty-three of this code; and
(3) The State Fire Marshal determines the program is in the
best interests of the member beneficiaries of the program.
(c) The State Fire Marshal may refuse or revoke approval of a
length of service awards program if the program or its provider is
not in compliance with any applicable federal or state law.
CHAPTER 33. INSURANCE.
ARTICLE 3. LICENSING, FEES AND TAXATION OF INSURERS.
§33-3-34. Additional surcharge on fire and casualty insurance policies to 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) (1) For the purpose of providing additional revenue for
volunteer and part volunteer fire companies and departments that
provide benefits to their members under a qualified length of
service awards program, there is hereby authorized and imposed on
and after January 1, 2011, on the policyholder of any fire
insurance policy or casualty insurance policy issued by any
insurer, authorized or unauthorized, or by any risk retention
group, a policy surcharge equal to twenty one hundredths of one
percent of the taxable premium for each such policy.
(2) For purposes of this section, casualty insurance may not
include insurance on the life of a debtor pursuant to or in
connection with a specific loan or other credit transaction or
insurance on a debtor to provide indemnity for payments becoming
due on a specific loan or other credit transaction while the debtor
is disabled as defined in the policy. The policy surcharge may not
be subject to premium taxes, agent commissions or any other
assessment against premiums.
(3) The surcharge imposed under this section is in addition to all other taxes, surcharges, licenses or other charges to which the
persons charged herein are subject under the law of this state.
(b) The policy surcharge shall be collected and remitted to
the commissioner by the insurer, or in the case of surplus lines
coverage, by the surplus lines licensee, or if the policy is issued
by a risk retention group, by the risk retention group. The amount
required to be collected under this section shall be remitted to
the commissioner on a quarterly basis on or before the twenty-fifth
day of the month succeeding the end of the quarter in which they
are collected, except for the fourth quarter for which the
surcharge shall be remitted on or before March 1 of the succeeding
year.
(c) Any person failing or refusing to collect and remit to the
commissioner any policy surcharge and whose surcharge payments are
not postmarked by the due dates for quarterly filing is liable for
a civil penalty of up to $100 for each day of delinquency, to be
assessed by the commissioner. The commissioner may suspend the
insurer, broker or risk retention group until all surcharge
payments and penalties are remitted in full to the commissioner.
(d) All money from the policy surcharge shall be collected by
the commissioner, transferred 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 (e) 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.
(e) (1) On and after January 1, 2012, 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-d, article fifteen
chapter eight 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-d, 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-three of this article and
expended for the purposes provided by that section.
(f) 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-three of this article.
(g) 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-d, article fifteen,
chapter eight of this code.
NOTE: The purpose of the bill is to dedicate a new 0.20%
surcharge on the policyholder of any fire insurance policy or
casualty insurance policy issued in this state to defray costs
incurred by qualified volunteer and part volunteer fire companies
and departments that provide benefits to their members under a
qualified Length of Service Awards Program (LOSAP).
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§8-15-8d and §33-3-34 are new; therefore, strike-throughs and
underscoring have been omitted.
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