H. B. 2911
(By Delegates Caputo, D. Poling, Boggs,
Swartzmiller, Mahan, Miley, Martin,
Argento, Guthrie, Walker and Duke)
[Introduced January 13, 2010; referred to the
Committee on Government Organization then Finance.]
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: Provided, That the period of service credit
granted for that service shall not exceed ten years: Provided,
however, That a member who is serving or has served as president of
the association, or as his or her or 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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.