SB 625 — Creating WV Volunteer Fire and Rescue Act of 2018

(1) To encourage local participation by area, county,county and community officials, and regional emergency medical services boards of directors;

and (2) To develop a system for monitoring and evaluating emergency medical services programs throughout the state;state.

(d) To provide professional and technical assistance and to make information available to regional emergency medical services boards of directors and other potential applicants or program sponsors of emergency medical services for purposes of developing and maintaining a statewide system of services;services.

(e) To assist local government agencies, regional emergency medical services boards of directors, and other public or private entities in obtaining federal, state,state or other available funds and services;services.

(f) To cooperate and work with federal, state,state and local governmental agencies, private organizations,organizations and other entities as may be necessary to carry out the purposes of this article;article.

(g) To acquire in the name of the state by grant, purchase, gift, devise,devise or any other methods appropriate,appropriate real and personal property as may be reasonable and necessary to carry out the purposes of this article;article.

(h) To make grants and allocations of funds and property so acquired or which may have been appropriated to the agency to other agencies of state and local government as may be appropriate to carry out the purposes of this article;article.

(i) To expend and distribute by grant or bailment funds and property to all state and local agencies for the purpose of performing the duties and responsibilities of the agency all funds which it may have so acquired or which may have been appropriated by the Legislature of this state;state.

(j) To develop a program to inform the public concerning emergency medical services;services.

(k) To review and disseminate information regarding federal grant assistance relating to emergency medical services;services.

(l) To prepare and submit to the Governor and Legislature recommendations for legislation in the area of emergency medical services;services.

of this code:code.

Standards for emergency medical servicesservice personnel.

(a) Every ambulance operated by an emergency medical servicesservice agency shall carry at least two personnel.

(b) On or before May 28, 2010, the commissioner shall submit a proposed legislative rule to the Emergency Medical Services Advisory Council for review, and on or before June 30, 2010, shall file the proposed legislative rule with the Officeoffice of the Secretary of State, in accordance with the provisions of §29A-3-1 et seq.

of this code, to establish certification standards for emergency medical vehicle operators and to revise the requirements for emergency medical servicesservice personnel.

(c) As of the effective date of the legislative rule to be promulgated pursuant to §16-4C-8(b), emergency medical servicesservice personnel who operate ambulances shall meet the requirements set forth in the legislative rule.

(d) Any person desiring emergency medical servicesservice personnel certification shall apply to the commissioner using forms and procedures prescribed by the commissioner.

(1) The applicant shall meet all requirements necessary to accomplish the national criminal background check, including submitting fingerprints, and authorizing the West Virginia Office of Emergency Medical Services, the West Virginia State Police,Police and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for certification.

(h) The commissioner may issue a temporary emergency medical servicesservice personnel certificate to an applicant, with or without examination of the applicant, when he or she finds that issuance to be in the public interest.

§16-4C-8a.

Courtesy certification of emergency medical services personnel in surrounding states.

(a) It is the intention of the Legislature to permit individuals who have been certified as emergency medical services personnel in a state bordering West Virginia to serve as emergency medical services personnel in West Virginia.

(b) Beginning July 1, 2018, the Commissioner of the Bureau for Public Health shall establish a process by which a courtesy certification to serve as an emergency medical responder or emergency medical technician in this state may be issued to any person who satisfies the following requirements:

(1) Is certified as an emergency medical responder or emergency medical technician, or a similar certification, in good standing in a state bordering West Virginia;

(2) Complies with the application process and procedures established by the Commissioner of the Bureau for Public Health;

and (3) Submits any required fee.

(c) Issuance of a courtesy certification shall not be withheld by the Commissioner of the Bureau for Public Health based on an individual’s failure to satisfy the minimum eligibility requirements for emergency medical services personnel set forth in legislative rules promulgated pursuant to §16-4C-6 of this code.

(d) The Commissioner of the Bureau for Public Health shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.

of this code to implement the provisions of this section.

(e) Any courtesy certification issued pursuant to this section may be revoked at any time if the individual’s certification in the bordering state is restricted, revoked, or otherwise expires.

(f) Any courtesy certification issued pursuant to this section must be renewed biennially.

Emergency Medicalmedical Servicesservices Equipmentequipment and Trainingtraining Fund;fund;

The fund may only be used for the purpose of providing grants to equip emergency medical servicesservice providers and train emergency medical servicesservice personnel, as defined in §16-4C-3 of this code.

(b) The Commissioner of the Bureau for Public Health shall establish a grant program for equipment and training of emergency medical servicesservice providers and personnel.

Such grant program shall be open to all emergency medical services personnel and providers, but priority shall be given to rural and volunteer emergency medical servicesservice providers.

(a) In addition to the other powers given and assigned to him or her in this chapter, the Commissioner of the Division of Highways may enter into reimbursement agreements, based upon reasonable actual costs incurred, with volunteer or part-volunteer fire departments for services provided by volunteer or part-volunteer fire departments relating to tree or debris removal from state highways and rights-of-wayrights of way when the commissioner requests such services.

(b) AThe volunteercommissioner orof part-volunteerhighways fire department may bepropose reimbursedrules withoutfor alegislative priorapproval requestin byaccordance thewith commissioner when the traveledprovisions way of a§29A-3-1 stateet highwayseq. is obstructed by a fallen tree or other debris and the volunteer or part-volunteer fire department is the first responder:

Provided, That the volunteer or part-volunteer fire department subsequently enters into a reimbursement agreement with the commissioner to recoup only the costs actually incurred to clear the traveled way of the state highway to permit the public to safely travel upon it.

(c) The commissioner shall retain authority to properly remove and dispose of any cleared trees, debris, or other obstructions cleared from the traveled way by a volunteer or part-volunteer fire department, and the commissioner shall not reimburse a volunteer or part-volunteer fire department for any final disposal of any cleared debris or obstruction.

(d) The commissioner shall not reimburse a volunteer or part-volunteer fire department for services contracted out by the volunteer or part-volunteer fire department.

(e) The commissioner may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.

§29-3-5e.

Courtesy certification of firefighters in surrounding states to serve as volunteer firefighter.

(a) It is the intention of the Legislature to permit individuals who have been certified as professional or volunteer firefighters in a state bordering West Virginia to serve as volunteer firefighters in West Virginia.

(b) Beginning July 1, 2018, the State Fire Marshal shall establish a process by which a courtesy certification to serve as a volunteer firefighter in this state may be issued to any person who satisfies the following requirements:

(1) Is a certified professional or volunteer firefighter in good standing in a state bordering West Virginia;

(2) Complies with the application process and procedures established by the State Fire Marshal;

and (3) Submits any required fee.

(c) Issuance of a courtesy certification shall not be withheld by the State Fire Marshal based on an individual’s failure to satisfy the training requirements for volunteer firefighters set forth in legislative rules promulgated pursuant to §29-3-5d of this code.

(d) The State Fire Marshal shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.

of this code to implement the provisions of this section.

(e) Any courtesy certification issued pursuant to this section may be revoked at any time if the individual’s certification in the bordering state is restricted, revoked, or otherwise expires.

(f) Any courtesy certification issued pursuant to this section must be renewed biennially.

§29-3-5f.

Fire Service Equipment and Training Fund;

creation of fire service equipment and training grant.

(a) There is hereby created in the State Treasury a special revenue fund to be known as the Fire Service Equipment and Training Fund.

Expenditures from the fund by the State Fire Marshal are authorized from collections.

The fund may only be used for the purpose of providing grants to equip volunteer and part-volunteer fire companies and departments and their members, and train volunteer and part-volunteer firefighters.

Any balance remaining in the fund at the end of any fiscal year does not revert to the General Revenue Fund but remains in the Special Revenue Fund.

The State Fire Marshal shall propose legislative rules for promulgation in accordance with §29A-3-1 et seq.

of this code to implement the grant program established pursuant to this section.

(b) The State Fire Marshal shall establish a grant program for equipment and training for volunteer and part-volunteer fire companies and departments.

Such grant program shall be open to all volunteer and part-volunteer fire companies and departments.

In making grants pursuant to this section, the State Fire Marshal shall consider:

(1) The number of emergency and nonemergency calls responded to by the department;

(2) The activities and responses of the department;

(3) The revenues received by the department from federal, state, county, municipal, local, and other sources;

and (4) The department’s assets, expenditures, and other liabilities, including whether the fire company or department has availed itself of available statewide contracts.

(c) The State Fire Commission shall propose legislative rules for promulgation in accordance with §29A-3-1 et seq.

of this code to implement the grant program established pursuant to this section.

§29-3-8.

Comprehensive report by State Fire Marshal.

(a) On or before July 1, 2019, the State Fire Marshal shall submit a comprehensive report containing a recommended plan for transferring authority and responsibility for providing fire services to the counties.

Such report shall include, but not be limited to, recommendations regarding recommended state oversight of such fire services;

financial support for fire services, a plan and timeline for transitioning responsibility and oversight to the counties;

and county authority, oversight, and accountability of operations, fiscal planning, financial accountability, and risk management planning.

The State Fire Marshal shall solicit input from appropriate state agencies, county officials, and other interested parties, which shall provide requested information to the State Fire Marshal to assist in preparation of the report and recommendation.

(b) On or before July 1, 2019, the State Fire Marshal shall study and prepare a report regarding reciprocity of firefighter and fire officer certification with other states.

Such report shall include recommendations regarding ways to increase availability of reciprocal certification, including any necessary changes to state code or regulation necessary to facilitate additional reciprocity.

(2) The storage, sale, and use of any explosive, combustible,combustible or other dangerous article or articles in solid, flammable liquid, or gas form;

Provided, That the State Fire Marshal, or other person authorized to act under this subsection,subsection shall at all times work under the direct supervision of the requesting officer.

— The State Fire Marshal, any full-time deputy fire marshal,marshal or any full-time assistant fire marshal employed by the State Fire Marshal pursuant to §29-3-11 of this code is hereby authorized and empowered and any person deputized pursuant to §29-3-11 of of this code may be authorized and empowered by the State Fire Marshal:

(2) To make complaint in writing before any court or officer having jurisdiction and obtain, serve,serve and execute an arrest warrant when knowing or having reason to believe that anyone has committed an offense under any provision of this article, of the arson-related offenses of §61-3-1 et seq.

of said chapterchapter. this code.

Provided, That unless otherwise provided, the State Fire Marshall shall take final action upon any completed permit applications within 30 days of receipt if the application is uncontested, or within 90 days if the application is contested.

— The State Fire Marshal, any deputy fire marshal, and any assistant fire marshal employed pursuant to §29-3-11§29-3-11of of this code are hereby authorized, and any person deputized pursuant to §29-3-12(j) of this code may be authorized by the State Fire Marshal to issue citations, in his or her jurisdiction, for fire and life safety violations of the State Fire Code and as provided for by the rules promulgated by the State Fire Commission in accordance with §29-3-1article etthree, seq.chapter twenty-nine-a of this code:

Provided, That a summary report of all citations issued pursuant to this code:section by persons deputized under §29-3-12(j) of this code shall be forwarded monthly to the State Fire Marshal in the form and containing information as he or she may by rule require, including the violation for which the citation was issued, the date of issuance, the name of the person issuing the citation and the person to whom the citation was issued.

Provided, That a summary report of all citations issued pursuant to this section by persons deputized under §29-3-12(j) of this code shall be forwarded monthly to the State Fire Marshal in the form and containing information as he or she may by rule require, including the violation for which the citation was issued, the date of issuance, the name of the person issuing the citation, and the person to whom the citation was issued.

—– The State Fire Marshal may cooperate with the Department of Administration, Purchasing Division,Division to establish one or more statewide contracts for equipment and supplies utilized by fire companies and departments in accordance with §5A-3-1 et seq.

— Any person who violates any fire and life safety rule of the State Fire Code is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000,$1,000 or confined in jail not more than 90 days, or both fined and confined.

§29-3-5e.

Fire service equipment and training fund;

creation of fire service equipment and training grant.

(a) There is hereby created in the State Treasury a special revenue fund to be known as the Fire Service Equipment and Training Fund.

Expenditures from the fund by the State Fire Marshal are authorized from collections.

The fund may only be used for the purpose of providing grants to equip volunteer and part volunteer fire companies and departments and their members, and train volunteer and part volunteer firefighters.

Any balance remaining in the fund at the end of any fiscal year does not revert to the General Revenue Fund but remains in the special revenue fund.

The State Fire Marshal shall propose legislative rules for promulgation in accordance with §29A-3-1 et seq.

of this code to implement the grant program established pursuant to this section.

(b) The State Fire Marshal shall establish a grant program for equipment and training for volunteer and part volunteer fire companies and departments.

Such grant program shall be open to all volunteer and part volunteer fire companies and departments.

In making grants pursuant to this section, the State Fire Marshal shall consider:

(1)_The number of emergency and non-emergency calls responded to by the department;

(2) The activities and responses of the department;

(3) The revenues received by the department from federal, state, county, municipal, local and other sources;

and (4) the department’s assets, expenditures and other liabilities, including whether the fire company or department has availed itself of available statewide contracts.

(c) The State Fire Commission shall propose legislative rules for promulgation in accordance with §29A-3-1 et seq.

of this code to implement the grant program established pursuant to this section.

§29-3-8.

Comprehensive report by State Fire Marshal.

(a) On or before July 1, 2019, the State Fire Marshal shall submit a comprehensive report containing a recommended plan for transferring authority and responsibility for providing fire services to the counties.

Such report shall include, but not be limited to, recommendations regarding recommended state oversight of such fire services;

financial support for fire services, a plan and timeline for transitioning responsibility and oversight to the counties;

and county authority, oversight, and accountability of operations, fiscal planning, financial accountability, and risk management planning.

The State Fire Marshal shall solicit input from appropriate state agencies, county officials, and other interested parties, which shall provide requested information to the State Fire Marshal to assist in preparation of the report and recommendation.

(b) On or before July 1, 2019, the State Fire Marshal shall study and prepare a report regarding reciprocity of firefighter and fire officer certification with other states.

Such report shall include recommendations regarding ways to increase availability of reciprocal certification, including any necessary changes to state code or regulation necessary to facilitate additional reciprocity.

LICENSING, FEES,FEES AND TAXATION OF INSURERS.

(a)(a)(1) For the purpose of providing additional revenue for volunteer fire departments, part-volunteer fire departments, and emergency medical services providers for operations, equipment, training, and workers’ compensation coverage, and certain retired teachers and the teachers retirement reserve fund, there is hereby authorized and imposed on and after July 1, 1992 2018, 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 one percent of the taxable premium for each such policy.

For purposes of this section, casualty insurance may not include insurance on the life of a debtor pursuant to,to or in connection with,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 amount required to be collected under this section shall be remitted to the Commissioner on a quarterly basis on or before the twenty-fifth25th 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.

(1) Fifty-five percent of the moneys received shall be deposited into a special account in the Statestate Treasury, designated the Fire Protection Fund.

The net proceeds of this portion of the tax and the interest thereon, after appropriation by the Legislature, shall be distributed quarterly on the first day of the months of January, April, July, and October to each volunteer fire company or department on an equal share basis by the Statestate Treasurer.

(3) Fifteen percent of the moneys received shall be deposited into the Fire Service Equipment and Training Fund, established pursuant to §29-3-5f§29-3-5e of this code.

(5) Before each distribution date to volunteer fire companies or departments, the Statestate Fire Marshal shall report to the Statestate 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 §8-15-8a of this code.

(e) The allocation, distribution,distribution and use of revenues provided in the Fire Protection Fund are subject to the provisions of §8-15-8a andand, §8-15-8b of this code.

Such study shall also include an evaluation of the benefit, necessity,necessity and feasibility of expanding the current scope of workers’ compensation coverage for volunteers, including,including but not limited to, including presumptions for cardiovascular or pulmonary disease, occupational pneumoconiosis, or other occupational disease, as well as a comparison of those proposals to other means of supplementing workers’ compensation insurance through secondary insurance policies.

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