Senate Bill No. 132
(By Senators Unger, Barnes, Kessler (Mr. President) and Williams)
[Introduced February 13, 2013; referred to the Committee on
Government Organization; and then to the Committee on Finance .]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-2-5a, relating to
compensation of State Police for off-duty time when they are
required to be on standby to be called back to work; and
providing a stipend for housing cost for officers who reside
in and are assigned to the top five counties according to
median monthly housing cost.
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 and stipend for housing cost.
(a) Any time that the West Virginia State Police requires a
State Police officer, inclusive of the ranks of trooper to
sergeant, during his or her off-duty hours, to be 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, the officer shall be paid his or
her hourly rate of pay for every hour which he or she is on call.
(b) State Police officers who are off-duty and called back to
work by the West Virginia State Police or who are required to
appear in court shall be guaranteed a minimum of two hours or
actual hours worked, whichever is greater.
(c) Subsections (a) and (b) of this section do not exempt
State Police officers as defined under the Fair Labor Standards Act
or to State Police officers who are designated as support
specialists as defined in Legislative Rule 81-03, West Virginia
State Police Career Progression System. The pay provided in
subsection (a) is not subject to retirement deduction and is not to
be used in retirement annuity calculations.
(d) If a State Police officer resides in a county that is
ranked among the top five counties in West Virginia on the list of
"median monthly housing cost for owner-occupied housing units with
a mortgage" for West Virginia counties as compiled from the most
recently completed five-year American Community Survey from the U.S. Census Bureau and his or her assigned work area includes a
county which is ranked among those same five counties, that officer
is entitled to receive a monthly stipend equal to one half of the
difference between the "median monthly housing cost for owner-
occupied housing units with a mortgage" for their resident county
and the "median monthly housing cost for owner-occupied housing
units with a mortgage" for all counties in the State of West
Virginia. The stipend provided in this subsection is not subject to
retirement deduction and is not to be used in retirement annuity
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 and to
provide a stipend for housing cost for officers that reside in and
are assigned to the highest five counties according to median
monthly housing cost.
§15-2-5a is new; therefore, strike-throughs and underscoring
have been omitted.