COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 518
(By Senators McCabe, White, Bowman, Unger and Dempsey)
____________
[Originating in the Committee on the Judiciary;
reported February 26, 2004.]
____________
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 policemen and firemen who are required
to work during holidays; and compensation.
Be it enacted by the Legislature of West Virginia:
That §8-14-2a 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 POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE
AND PARKING LOT OR PARKING BUILDING POLICE
OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE
DEPARTMENTS.
§8-14-2a. Policemen who are required to work during holidays; how
compensated.
From the effective date of this section, if any municipal
police officer is required to work during a legal holiday as is specified in
subdivisions (1) through (12), inclusive, (14) and
(15), subsection (a), section one, article two, chapter two of this
code, or if a legal holiday falls on the police officer's regular
scheduled day off, he
or she shall be is allowed equal time off at
such 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:
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.
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-10a. Firemen who are required to work during holidays; how
compensated.
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
subdivisions (1) through (12), inclusive, (14) and
(15), subsection (a), section one, article two, chapter two of this
code, or if a legal holiday falls on the member's 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:
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.
__________
(NOTE: The purpose of this bill is to provide that if a
special election is on a Saturday or Sunday, the municipality may
choose not to recognize the preceding Friday or Monday as a holiday
and therefor not subject to the payment of overtime for police or
firemen.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)