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SB518 SUB1 Senate Bill 518 History

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

FOR


Senate Bill No. 518

(By Senators McCabe, White, Bowman, Unger and Dempsey)

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[Originating in the Committee on the Judiciary;

reported February 26, 2004.]

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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.

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(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.)
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