Senate Bill No. 705
(By Senator Unger)
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[Introduced February 20, 2006; referred to the Committee
on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new chapter, designated §5H-1-1, §5H-1-2 and
§5H-1-3, all relating to providing a death benefit to the
families of firefighters, ambulance service or rescue squad
members, law-enforcement officers or National Guard members
who are killed in the performance of their duties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new chapter, designated §5H-1-1, §5H-1-2 and
§5H-1-3, all to read as follows:
CHAPTER 5H. SURVIVOR BENEFITS.
ARTICLE 1. WEST VIRGINIA PUBLIC SAFETY SURVIVOR BENEFIT ACT.
§5H-1-1. Title and legislative intent.
(a) This article shall be known as the "West Virginia Public
Safety Survivor Benefit Act."
(b) It is the intent of the Legislature to provide for the
payment of death benefits to the surviving spouse or children or
parents of firefighters, ambulance service or rescue squad members
or law-enforcement officers or National Guard members killed in the
performance of their duties.
§5H-1-2. Death benefit for survivors.
(a) In the event a law-enforcement officer, ambulance service
or rescue squad member or, firefighter or National Guard member is
killed in the performance of his or her duties, such political
subdivision, or in the case of National Guard members, the adjutant
general, within thirty days from the date of death shall submit
certification of such death to the state.
(b) A volunteer firefighter is considered to be acting in the
performance of his or her duties for the purposes of this act going
to or directly returning from a fire which the fire company or fire
department attended including travel from and direct return to a
firefighter's home, place of business or other place where he or
she shall have been when he or she received the call or alarm or
while participating in instruction fire drills in which the fire
department or fire company shall have participated or while
repairing or doing other work about or on the fire apparatus or
buildings and grounds of the fire company or fire department upon
the authorization of the chief of the fire company or fire
department or other person in charge or while answering any emergency calls for any purpose or while riding upon the fire
apparatus which is owned or used by the fire company or fire
department or while performing any other duties of such fire
company or fire department as authorized by the municipality.
(c) A volunteer ambulance service or rescue squad member is
considered to be acting in the performance of his or her duties for
the purposes of this act going to or directly returning from an
emergency which the ambulance service or rescue squad attended
including travel from and direct return to an ambulance service or
rescue squad member's home, place of business or other place where
he or she shall have been when he or she received the call or alarm
or while participating in drills in which the ambulance service or
rescue squad shall have participated or while repairing or doing
other work about or on any emergency vehicle or buildings and
grounds of the ambulance service or rescue squad upon the
authorization of the chief of the ambulance service or rescue squad
or other person in charge while answering any emergency calls for
any purpose or while riding upon any vehicles which are owned or
used by the ambulance service or rescue squad.
(d) Upon receipt of such certification, the State shall, from
moneys payable out of the general fund, pay to the political
subdivision the sum of fifty thousand dollars. Within five days of
receipt of said sum from the state, the political subdivision shall
pay such sum as a benefit to the surviving spouse, or if there is no surviving spouse, to the minor children of the firefighter,
ambulance service or rescue squad member or law-enforcement officer
killed in the performance of duty. When no spouse or minor
children survive, the benefit shall be paid to the parent or
parents of such firefighter, ambulance service or rescue squad
member or law-enforcement officer.
(e) The State shall pay out of the general fund to the
surviving spouse or, if there is no surviving spouse, the minor
children of a National Guard member, State Police officer or other
law-enforcement officer of the state killed in the performance of
his or her duties the sum of fifty thousand dollars. When no
spouse or minor children survive, the benefit shall be paid to the
parent or parents of such National Guard member, State Police
officer or other law-enforcement officer of the state. The benefit
shall be payable whether or not the National Guard member or
officer was killed within the state.
(f) A National Guard member is considered to be acting in the
performance of his or her duties for the purposes of this act when:
(1) His death occurs in an official duty status authorized
under chapter fifteen of this code; or
(2) Going directly to or from the place of such duties.
§5H-1-3. Article to be construed broadly.
This article shall be broadly construed to grant benefits to
firefighters, ambulance service or rescue squad members or law-enforcement officers or National Guard personnel for deaths
related to the performance of their duties.
NOTE:
The purpose of this bill is to
provide a fifty thousand
dollar death benefit to the families of
firefighters, ambulance
service or rescue squad members, law-enforcement officers or
National Guard members who are killed in the performance of their
duties.
This chapter is new; therefore, strike-throughs and
underscoring have been omitted.