COMMITTEE SUBSTITUTE

FOR

H. B. 2492

(By Delegate Staton)


(Originating in the Committee on the Judiciary)


[April 3, 1997]


A BILL to amend article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirteen-a, relating to providing a criminal penalty for willful violation of employee rights; requiring that prosecution for a violation be brought by indictment; prohibiting the firing of a school employee unless a conviction is obtained and requiring that the provisions are separate from and in addition to other relief; allowing for trial by jury.

Be it enacted by the Legislature of West Virginia:
That article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirteen-a, to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-13a. Willful violation; penalties.
(a) Any person who willfully and intentionally violates any provision of section seven-a, seven-b, eight-b, eight-c, eight-f, eight-g or fourteen, of this article, or section two, six, seven, eight or eight-a of article two, chapter eighteen-a of this code, or section eighteen-a, article five, chapter eighteen of this code with conscious disregard of the school employee's rights, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred nor more than five thousand dollars.
(b) No person shall be prosecuted for any violation of this section unless upon an indictment found and presentment made within one year after the date of the commission of the violation.
(c) No principal or other school employee shall be terminated from their employment for an allegation brought under this section unless such charge is brought in the manner prescribed and a conviction is obtained.
(d) The provisions of this section are separate from and in addition to any other relief that may be available at law for violations of the provisions set forth herein.
(e) In any prosecution under this section, the defendant shall have a right to a trial by jury.



NOTE: The purpose of this bill is to provide a criminal penalty for willful violation of employee rights and thereby deter such actions.

This section is new; therefore, strike-throughs and underscoring have been omitted.