WEST virginia legislature
2021 regular session
Introduced
House Bill 2779
By Delegates Haynes, G.Ward, Hardy, Mandt, Hanna, Hamrick, Wamsley, Longanacre, J. Pack, Kessinger and Riley
[Introduced February 26, 2021; Referred to the Committee on Finance]
A BILL to amend and reenact §15-2-18 of the Code of West Virginia, 1931, as amended, relating to allowing compensation paid to State Police personnel by virtue of contracts to be included in any formulation used to calculate an employee’s benefits.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-18. Officers or members failure to perform duties; general penalty; providing extraordinary police or security services by contract.
(a) Any officer or member of the State Police who demands or receives from any person, firm, or corporation any money or other thing of value as a consideration for the performance of, or the failure to perform, his or her duties under the rules of the superintendent and the provisions of this article, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility for not less than one nor more than five years, and any such officer or member of the State Police who violates any other provisions of this article, for which no other penalty is expressly provided, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $25 nor more than $200, or confined in jail for not more than four months, or both fined and confined.
(b) Notwithstanding any
other provision of this article to the contrary, the superintendent may
contract with public, quasi-public, military, or private entities to provide
extraordinary police or security services by the State Police when it is
determined by the superintendent to be in the public interest. The
superintendent shall assign the personnel, equipment, or facilities he or she
considers necessary and the State Police shall be reimbursed for the wages,
overtime wages, benefits, and costs of providing the contract services as
negotiated between the parties. The compensation paid to State Police personnel
by virtue of contracts provided for in this section shall be paid from a
special account and shall be excluded from included
in any formulation used to calculate an employee’s benefits. All
requests for obtaining extraordinary police or security services shall be made
to the superintendent in writing and shall explain the funding source and the
authority for making the request. An officer or member of the State Police may
not be required to accept any assignment made pursuant to this subsection.
Every officer or member assigned to duty under this section shall be paid
according to the hours and overtime hours actually worked notwithstanding that
officer’s or member’s status as exempt personnel under the Federal Labor
Standards Act or applicable state statutes. Every contract entered into under
this subsection shall contain the provision that in the event of public
disaster or emergency where the reassignment to official duty of all officers
and members is required, neither the State Police nor any of its officers or
members are liable for any damages incurred as the result of the reassignment.
Further, any entity contracting with the State Police, an officer, or member
under this section shall also agree as part of that contract to hold harmless
and indemnify the state, State Police and its personnel from any liability
arising out of employment under the contract. The superintendent may propose
legislative rules for promulgation in accordance with §29A-3-1 et seq.
of this code, relating to the implementation of any contracts made under this
subsection: Provided, That the rules shall expressly prohibit private
employment of officers or members in circumstances involving labor disputes.
Notwithstanding any provision of this article to the contrary, an officer or
member may contract to work for a private person or entity during his or her
off duty hours: Provided, however, That the contract work may not be a
type prohibited by this code or the rules of the State Police on the locations
and the nature of services provided.
NOTE: The purpose of this bill is to allow compensation paid to State Police personnel by virtue of contracts to be included in any formulation used to calculate an employee’s benefits.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.