Senate Bill No. 22

(By Senator Schoonover)

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[Introduced January 14, 1998;

referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-a, relating to probation officers and assistants; and providing for the payment of unused vacation time, personal leave and sick leave for certain adult probation officers.

Be it enacted by the Legislature of West Virginia:
That article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five- a, to read as follows:
 ARTICLE 12. PROBATION AND PAROLE.
 §62-12-5a. Credit and payment for unused vacation time, personal leave and sick leave for certain adult probation officers.
Notwithstanding any other provision of law to the contrary, any person, appointed as an adult probation officer under any provision of this code after the first day of July, one thousand nine hundred fifty-one and before the effective date of the amendment to this article in the year one thousand nine hundred seventy-five, who did not receive payment or any credit for unused vacation time, personal leave or sick leave while employed as an adult probation officer during those periods of time, is entitled to payment or credit for all such unused vacation time, personal leave or sick leave. In order to qualify for this payment or credit, the person must present duly authenticated copies of monthly reports for the time being claimed to the circuit court in the county in which that person was employed as an adult probation officer. The supreme court of appeals shall approve the payment of all proper claims presented to the circuit court. If the person filing for payment or credit is employed by the state of West Virginia or any of its subdivisions, that person may elect to receive either payment or credit in that person's current employment for the unused vacation time, personal leave or sick leave in the manner provided by law or rule.


NOTE: The purpose of this bill is to provide payment or credit for unused vacation leave, personal leave or sick leave for persons who were employed as adult probation officers after July 1, 1951.

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