Senate Bill No. 706
(By Senators Unger, Jenkins, Green, Stollings,
Foster, Prezioso, Plymale, Kessler, Williams and McCabe)
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[Introduced March 23, 2009; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-2-53, relating to
the establishment of a leave donation program for the largest
statewide professional law-enforcement association
representing members of the West Virginia State Police.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §15-2-53, to read as
follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-53. State law-enforcement association members annual
leave
program.
(a) Notwithstanding any provision of this code to the
contrary, members of the largest statewide professional
law-enforcement association representing members of the West Virginia State Police may donate annual leave time to the president
of the association or to his or her designee on an equal hour for
hour exchange use. The donated annual leave may be used by the
president or designee in the performance of his or her duties
including, but not limited to: (1) Assistance to members; (2)
business of the association; and (3) attendance at meetings and
conferences related to the purposes of the association.
(b) When the president of the association or his or her
designee uses the donated annual leave he or she is considered on
personal annual leave of absence with pay just as if he or she used
his or her annual leave. While the president of the association or
his or her designee are using donated annual leave, all payroll
deductions and employee status are maintained as if he or she had
used his or her regularly accrued annual leave. All donated leave
that is not used by July 1 of every year will be forfeited to the
state and no unused donated leave may be used to add to the
president's or his or her designee's retirement.
(c) No member of the association shall be considered absent
from service as a member of the West Virginia State Police while
serving as president of the association, or as his or her designee
in that capacity. However, the period of service credit granted
for that service shall not exceed ten years. In addition, a member
who is serving or has served as president of the association, or as
his or her designee, shall make deposits to the West Virginia State Police Retirement Fund, for the time of any absence, in an amount
double the amount which he or she would have contributed in his or
her regular assignment for a like period of time.
NOTE: The purpose of this bill is to provide for a leave
donation program to allow members of the largest statewide
professional law-enforcement association representing members of
the West Virginia State Police to donate accumulated leave time to
the president and designee of the president of the association.
This section is new; therefore, strike-throughs and
underscoring have been omitted.