Bill Text: WV HB2780 | 2018 | Regular Session | Introduced
Bill Title: Clarifying existing language for those first responders who die as a direct result of their duties
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Introduced - Dead) 2018-01-10 - To House Judiciary [HB2780 Detail]
Download: West_Virginia-2018-HB2780-Introduced.html
WEST virginia Legislature
2017 regular session
By
[
to the Committee on the Judiciary then Finance.
A BILL to amend and
reenact §5H-1-2 of the Code of West Virginia, 1931, as amended, relating to clarifying
existing language for those first responders who die as a direct result of
their duties as a firefighter, EMS or law-enforcement provider.
Be it enacted by the
Legislature of West Virginia:
That §5H-1-2 of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 1. WEST VIRGINIA
FIRE AND EMS SURVIVOR BENEFIT ACT.
§5H-1-2. Death benefit
for survivors.
(a) In the event a
firefighter, EMS or law-enforcement provider is killed in the performance of, or
dies as a direct result of his or her duties, the department chief, within
thirty days from the date of death shall submit certification of the death to
the Governor's
office.
(b) This act includes both
paid and volunteer fire, EMS and law-enforcement personnel acting in the
performance of his or her duties of any fire, EMS or law-enforcement department
certified by the State of West Virginia.
(c) A firefighter, EMS or
law-enforcement provider is considered to be acting in the performance of his
or her duties for the purposes of this act when he or she is participating in
any role of a fire, EMS or law-enforcement department function. This includes training,
administration meetings, fire, EMS or law-enforcement incidents, service calls,
apparatus, equipment or station maintenance, fundraisers and travel to or from
such functions.
(d) Travel includes riding
upon or in any apparatus or vehicle which is owned or used by the fire, EMS or
law-enforcement department, or any other vehicle going to or directly returning
from a firefighter's
home, place of business or other place where he or she shall have been prior to
participating in a fire, EMS or law-enforcement department function or upon the
authorization of the chief of the department, agency head or other person in
charge.
(e) Certification shall
include the name of the certified fire, EMS or law-enforcement program, the
name of the deceased firefighter, EMS or law-enforcement provider, the name and
address of the beneficiary, any documentation designating a beneficiary or
beneficiaries and setting forth the circumstances that qualify the deceased
individual for death benefits under this act. Upon receipt of the certification
from the certified fire, EMS or law-enforcement program, the state shall, from
moneys from the State Treasury, General Fund, pay to the certified fire, EMS or
law-enforcement program the sum of $50,000 in the name of the beneficiary of
the death benefit. Within five days of receipt of this sum from the state, the
fire, EMS or law-enforcement program certified by the state shall pay the sum
as a benefit to the surviving spouse or designated beneficiary. If there is no
surviving spouse or designated beneficiary, then to the minor children of the
firefighter, EMS or law-enforcement provider killed in the performance of duty.
When no spouse, designated beneficiary, or minor children survive, the benefit
shall be paid to the parent or parents of the firefighter, EMS or
law-enforcement provider. It is the responsibility of the certified fire or EMS
program to document the surviving spouse or beneficiary for purposes of
reporting to the Governor's
office.
(f) Any death ruled by a
physician to be a result of an injury sustained during any of the above
mentioned performance of fire department, EMS or law-enforcement duties will be
eligible for this benefit, even if this death occurs at a later time.
(g) Those individuals who
are covered by this article are eligible for only one death benefit payment.
(h) Every department or
agency head employing persons to which this article applies shall provide
notice of the benefit provided hereby to such employees and encourage covered
employees to provide a written designation of beneficiary to be maintained in
the employee's
personnel file.
NOTE: The purpose of this bill is
to clarify existing language for those first responders who die as a direct
result of their duties as a firefighter, EMS or law-enforcement provider.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.