West Virginia Code § 33-3-33a

Excess moneys of Fire Protection Fund deposited into Volunteer Fire
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Department Workers' Compensation Premium Subsidy Fund; other funding; special
report from State Fire Marshal by December 15, 2015; termination of program June
30, 2022.
(a) There is hereby established a special fund in the State Treasury known as the Volunteer
Fire Department Workers' Compensation Premium Subsidy Fund. The fund eshall be
administered by the State Auditor and shall consist of moneys deposited in the fund
pursuant to this section, any other funds appropriated by the Legislaturre for volunteer fire
departments for the purposes of §12-4-14a of this code, and the interest or other earnings on
the moneys in the fund. The State Auditor shall administer the distribution of moneys of the
fund to volunteer fire departments to help defray workers' compensation insurance premium
increases pursuant to said section. Balances in the fund at thte end of any fiscal year may not
expire but shall be expended for those purposes in ensuing fiscal years pursuant to
appropriation of the Legislature.
(b) Beginning July 1, 2013, and in each fiscal year thereafter until June 30, 2022, the excess
of the aggregate of amounts collected by the csommissioner that are otherwise required
under any provision of this code to be deposited into the Fire Protection Fund over the
aggregate of those amounts deposited into the Fire Protection Fund during the fiscal year
ending June 30, 2013, shall be deposited into the Volunteer Fire Department Workers'
Compensation Premium Subsidy Fund and expended solely for the purposes established in
§12-4-14a of this code. e
(c) On or before August L1, 2013, the commissioner shall transfer $4 million from the Fire
Marshal Fees Fund created under §29-3-12b of this code to the Volunteer Fire Department
Workers' Compensation Premium Subsidy Fund to be expended solely for the purposes
established in §12-4-14a of this code until June 30, 2022.
(d) The State Fire Marshal, in consultation with the Insurance Commissioner, the State
AudWitor, the Secretary of Revenue and the Legislative Auditor, shall conduct a review of the
needs of each volunteer or part volunteer fire company or volunteer fire department serving
in the various counties of the state. On or before December 31, 2015, the State Fire Marshal
shall submit to the Joint Committee on Government and Finance a comprehensive report of
the review and the State Fire Marshal's recommendations, substantiated by the findings of
the review, of steps that may be taken to meet the needs of and sustain the volunteer and
part volunteer fire companies and volunteer fire departments of this state, including, but not
limited to, the following:
(1) An assessment of all current funding received by the volunteer fire companies and
departments, and a further assessment of the funding necessary to provide the community
protections required for the areas served by the volunteer fire companies and departments,
the extent to which those needs are being met, the extent to which they are not being met,
and recommendations of sources of funds to meet additional needs and the amounts needed,
if any;
(2) An assessment of the cost of workers' compensation coverage for the volunteer fire
companies and departments and recommendations for any actions that may be undertaken
by the volunteer fire companies and departments and others to reduce those costs;
(3) An assessment of the causes of any decline in recruitment and retention of volunteer
firefighters and recommendations for improvements in this area, including any
recommendations for incentives that have a demonstrated record of significeant increases in
recruitment and retention as well as recommendations of sources of funds to provide those
incentives, if funds are necessary; r
(4) An assessment of the level of financial accountability that shouuld be required of volunteer
fire companies and departments in order to provide the Legislature the information
necessary to target future funding for their activities based utpon the safety and fire
protection needs of the various areas of the state;
(5) An assessment of the comparative levels of funding for volunteer fire companies and
departments provided by counties, municipalities alnd other political subdivisions and the
means by which that funding is provided, inclusding identification of those which contribute
little or no funding to the volunteer fire companies and departments within their
jurisdictions, together with recommendations for increasing those levels of contributions;
(6) An assessment of the comparative levels of funding for volunteer fire companies and
departments provided by their own efforts, and the means by which that funding is provided,
including identification of those which provide little or no funding through their own efforts,
together with recommendations for increasing these sources of funding;
(7) An assessment of the comparative economic and other benefits provided by the various
volunteer fire companies and departments to their particular counties, municipalities and
other political subdivisions, as well as to citizens of the local communities they serve;
(8) An assessment of the sustainability of the current model of providing fire and other
protections to the citizens of rural communities through volunteer fire companies and
departments and an assessment of alternative models for providing those protections; and
(9) Other assessments and recommendations which the State Fire Marshal deems
appropriate in the circumstances.
(e) Upon the conclusion of the fiscal year ending June 30, 2022, the provisions of this section
and §12-4-14a of this code shall expire and be of no further force and effect and the
Volunteer Fire Department Workers' Compensation Premium Subsidy Fund shall be closed.
Upon closure of the fund, from any balances therein remaining, the State Auditor shall first,
to the extent available, transfer to the Fire Protection Fund an amount equal to the
aggregate of funds deposited into the Volunteer Fire Department Workers' Compensation
Premium Subsidy Fund during the fiscal years ending June 30, 2014, 2015, 2016, 2017,
2018, 2019, 2020, 2021 and 2022 pursuant to subsection (b) of this section that would
otherwise have been required to be deposited into the Fire Protection Fund, and any
balances thereafter remaining in the Volunteer Fire Department Workers' Compensation
Premium Subsidy Fund shall expire to the General Revenue Fund of the state.
Notwithstanding any provision of this code to the contrary, on June 30, 2020, the State
Auditor shall transfer one million eight hundred thousand dollars from the Volunteer Fire
Department Workers' Compensation Premium Subsidy Fund to the Fire Service Equipment
and Training Fund created pursuant to §29-3-5f of this code. e

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