Senate Bill No. 412
(By Senators Unger, Facemyer, Boley, Barnes, Love,
White, Minard, Foster, Sprouse, Kessler, Guills and Bowman,
Dempsey, Yoder, Caruth, Jenkins, McKenzie, Oliverio and Hunter)
[Introduced March 1, 2005; referred to the Committee
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-2-5a, relating to
compensating state troopers for off-duty time when they are
required to be on standby to be called back to work.
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 §15-2-5a, to read as
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-5a. Compensation for call-back time.
(a) Any time that the West Virginia State Police requires a
state police officer (inclusive of the ranks of Trooper to
Sergeant) during their off-duty hours, is restricted as to where he
or she may go, what he or she may do in order that he or she may quickly return to duty, said officer shall be paid the minimum wage
as determined in section one, article fifteen-c, chapter two of
this code for every hour which he or she is on call. This pay
shall not be subject to retirement deduction or used in retirement
(b) State police officers who are off-duty and called back to
work by the West Virginia State Police or required to appear in
court, shall be guaranteed a minimum of two hours' work or actual
hours worked, whichever is greater.
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.
is new; therefore, strike-throughs and
underscoring have been omitted.