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Introduced Version House Bill 2106 History

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Key: Green = existing Code. Red = new code to be enacted

FISCAL NOTEWEST virginia legislature

2019 regular session

Introduced

House Bill 2106

By Delegate Caputo

[ Introduced January 9, 2019; Referred
to the Committee on Veterans’ Affairs and Homeland Security then Finance
]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to requiring compensation be made to certain members of the State Police for off-duty time when they are required to be on standby to be called back to work; requiring off duty State Police officers who are called back to work or appear in court be compensated a minimum amount; and providing a housing cost stipend for those officers who reside in and are assigned to one of the top five counties in median monthly housing costs.

Be it enacted by the Legislature of West Virginia:


ARTICLE 2.  WEST VIRGINIA STATE POLICE.

§15-2-5a.  Compensation for call-back-time; stipend for housing cost.


(a) Any time that the West Virginia State Police requires a State Police officer, inclusive of the ranks of trooper to sergeant, during his or her off-duty hours, to be restricted as to where he or she may go, or what the officer may do in order that he or she may quickly return to duty, the officer shall be paid 50 percent of the current minimum wage as determined in §21-5C-2 of this code for every hour while on call.

(b) State Police officers who are off-duty and called back to work by the West Virginia State Police or who are required to appear in court are guaranteed a minimum of two hours or actual hours worked, whichever is greater.

(c) §15-2-5a(a) and §15-2-5a(b) of this code do not exempt State Police officers as defined under the Fair Labor Standards Act or to State Police officers who are designated as support specialists as defined in Legislative Rule 81-03, West Virginia State Police Career Progression System. The pay provided in §15-2-5a(a) of this code is not subject to retirement deduction and is not to be used in retirement annuity calculations.

(d) If a State Police officer resides in a county that is ranked among the top five counties in West Virginia on the list of “median monthly housing cost for owner-occupied housing units with a mortgage” for West Virginia counties as compiled from the most recently completed five-year American Community Survey from the U.S. Census Bureau and his or her assigned work area includes a county which is ranked among those same five counties, that officer is entitled to receive a monthly stipend equal to one half of the difference between the “median monthly housing cost for owner-occupied housing units with a mortgage” for their resident county and the “median monthly housing cost for owner-occupied housing units with a mortgage” for all counties in the State of West Virginia. The stipend provided in this subsection is not subject to retirement deduction and is not to be used in retirement annuity calculations.

 

NOTE: The purpose of this bill is to require that State Police officers be compensated for time when they are required to be on standby so that they may be called back to work if necessary and to provide a stipend for housing cost for officers that reside in and are assigned to the highest five counties according to median monthly housing cost.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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