COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 706
(By Senators Unger, Jenkins, Green, Stollings,
Foster, Prezioso, Plymale, Kessler, Williams and McCabe)
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[Originating in the Committee on Government Organization;
reported March 26, 2009.]
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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. The president may designate the vice president
of the association or the chairman of the association's board of
directors to act on his or her behalf.
The West Virginia State
Police will calculate the dollar value of the donated leave based
on the hourly rate of the donor multiplied by the number of hours
of annual leave to be donated and the donee will use the annual
leave at the present dollar value of the donee's hourly rate.
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 designee, shall make deposits to
the West Virginia State Police Retirement Fund, for the time of any
absence, in an amount equal to the sum of the amount which both the
employer and the employee would have contributed in his or her
regular assignment for a like period of time.
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