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State Fire Marshal cites volunteer service strain, praises $1,500 tax credit and examines LOSAP expansion

2107292 · January 7, 2025
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Summary

State Fire Marshal Ken Tyree told the joint committee on Jan. 7 that the volunteer fire service remains the backbone of West Virginia emergency response, described recent program work and said the office will not propose new legislation for 2025 while it studies enhancements to length‑of‑service benefits and training supports.

Ken Tyree, State Fire Marshal, told the Joint Committee on Volunteer Fire Departments and EMS on Jan. 7 that West Virginia’s volunteer fire service answered roughly 164,000 calls in the last reported year and remains heavily dependent on volunteers even as total membership has declined from historical highs.

Tyree said the state has about 9,000 total members across roughly 423 fire departments, with approximately 8,300 volunteer members. He reported four line‑of‑duty fire service deaths in the past year. “We are not planning on proposing any new legislation for this coming legislative session,” Tyree told the committee, while outlining programs the Fire Commission and marshal’s office continue to administer and review.

Why it matters: Volunteer departments deliver most community fire and rescue services in West Virginia; changes to recruiting, retention, training and funding directly affect coverage in many rural areas.

Tyree thanked the legislature for a recruitment and retention income tax credit that took effect this year and is currently capped at $1,500 per eligible volunteer. He described programmatic approaches to training — four modular training tracks that let members participate before completing full certification — and a length‑of‑service awards program (LOSAP) that currently issues recognition challenge coins at 5, 10, 15, 20 and 25 years of service. The State Fire Commission and marshal’s office are studying broader LOSAP enhancements used in other states, including options that provide cash awards or expanded incentives, but offered no specific legislative request for 2025.

Tyree said the commission has disbursed roughly $800,000 over the past four years through a training/equipment grant program; the fund stood at about $500,000 at the time of the hearing, and officials intend to reopen grants when the balance reaches approximately $700,000. He said the account generally funds equipment and training supplies rather than major apparatus purchases.

On funding compliance, Tyree explained the process for departments to maintain eligibility for state payments under the statutory reporting provisions (8‑15‑8b): departments must submit incident reporting and other required filings; they are given 90 days to correct reporting and another 90‑day grace window before losing eligibility. Tyree said most departments that fall behind return to compliance during the grace period and that, in practice, the most common reason departments lose annual funding is failing to submit financial statements required by the auditor’s or treasurer’s offices, not only the marshal’s reporting requirements.

Lawmakers raised several follow‑up topics during the Q&A, including whether the $1,500 tax credit could be tiered to favor longevity and whether the state should direct needs‑assessment funding rather than allocate equal amounts across all departments. Tyree said he would gather additional data to help the committee consider tiered credit options and needs‑assessment proposals.

Committee members also asked about recent local incidents involving alleged embezzlement and department closures; Tyree said financial improprieties are investigated by other state agencies (the auditor’s office and legislative auditor) and that the marshal’s office had attempted to keep affected departments in service where possible. He cited Fort Gay as an example of a department that had returned to compliance and received reinstated funding after meeting required state conditions.

Tyree closed by reiterating appreciation for volunteer service and the marshal’s continued review of LOSAP and training options while not advancing new 2025 legislation.