H. B. 4770
(By Delegates Beane, Ellem, Azinger,
Border and Anderson)
[Introduced February 24, 2006; referred to the
Committee on Finance.]
A BILL to amend and reenact §8-14-2a of the Code of West Virginia,
1931, as amended; and to amend and reenact §8-15-10a of said
code, all
relating to providing for the compensation of
members of municipal fire departments and members of police
departments; providing double the rate of pay for members
working on holidays; and providing one and one half times the
rate of pay for those members who scheduled the day off.
Be it enacted by the Legislature of West Virginia:
That §8-14-29 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §8-15-10a of said code be
amended and reenacted, all to read as follows:
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS,
AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS
AND POLICE OFFICERS; POLICE MATRONS; SPECIAL
SCHOOL ZONE AND PARKING LOT OR PARKING BUILDING
POLICE OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE
DEPARTMENTS.
§8-14-2a. Police officers who are required to work during
holidays; how compensated.
(a) From the effective date of this section, if any municipal
police officer is required to work during a legal holiday as is
specified in subsection (a), section one, article two, chapter two
of this code,
he or she is allowed equal time off at a time as may
be approved by the chief of police under whom he or she serves or,
in the alternative, shall be paid at a rate not less than double
his or her regular rate of pay.
(b) or If a
police officer does not work on a legal holiday
falls on the police officer's because it is his or her regular
scheduled day off, he or she is allowed equal time off at a time as
may be approved by the chief of police under whom he or she serves
or, in the alternative, shall be paid at a rate not less than one
and one-half times his or her regular rate of pay.
(c) Provided, That If a special election of a political
subdivision other than a municipality falls on a Saturday or
Sunday, the municipality may choose not to recognize the day of the
election as a holiday if a majority of the municipality's city
council votes not to recognize the day of the election as a
holiday.
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-10a. Firefighters who are required to work during holidays;
how compensated.
(a) From the effective date of this section, if any member of a paid fire department is required to work during a legal holiday
as is specified in subsection (a), section one, article two,
chapter two of this code,
he or she is allowed equal time off at a
time as may be approved by the chief executive officer of the
department under whom he or she serves or, in the alternative,
shall be paid at a rate not less than double his or her regular
rate of pay.
(b) or If a
member of a paid fire department does not work on
a legal holiday
falls on the member's because it is his or her
regular scheduled day off, he or she shall be allowed equal time
off at such time as may be approved by the chief executive officer
of the department under whom he or she serves or, in the
alternative, shall be paid at a rate not less than one and one-half
times his or her regular rate of pay.
(c) Provided, That If a special election of a political
subdivision other than a municipality falls on a Saturday or
Sunday, the municipality may choose not to recognize the day of the
election as a holiday if a majority of the municipality's city
council votes not to recognize the day of the election as a
holiday.
NOTE: The purpose of this bill is to compensate police
officers and members of paid fire departments by
providing double
the rate of pay for members working on holidays and one and one
half times the rate of pay for those members who scheduled the day
off.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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