Senate Bill No. 86
(By Senators Unger and Chafin)
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[Introduced February 11, 2009; referred to the Committee on
Finance.]
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A BILL to amend and reenact §15-2-20 of the Code of West Virginia,
1931, as amended, relating to increasing the relocation
expense allotment for members of the West Virginia State
Police
when the transfer necessitates relocation of the
member's family
.
Be it enacted by the Legislature of West Virginia:
That §15-2-20 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-20. Transfer authorized; use for disciplinary purposes
prohibited; notice required under certain
circumstances; relocation expense; regulation of
member's residence.
The superintendent may transfer members to meet the
operational needs of the department. A transfer may not be made as a disciplinary measure.
Whenever any member of the department is to be transferred
from one station to another station, for a period of time in excess
of sixty days, the superintendent shall give written notice of such
the proposed transfer to such member at least fifteen days in
advance of such the transfer. The superintendent shall is not,
however, be required to give such notice in the event if the
transfer is at the request of the member who is to be transferred.
In the event that If a member appeals a transfer in accordance with
section six of this article, the transfer shall not take effect
pending the appeal before the board. If the board upholds the
transfer, such the transfer shall be effective upon the issuance of
the board's decision and shall remain in effect pending any appeal
of such the decision by the member.
Whenever any member of the department is transferred from one
station to another station, for a period of time in excess of 60
days, all reasonable and necessary transportation expenses actually
incurred in moving the household furniture and effects of such the
member and of his or her immediate family from his or her former
station to his or her new station shall be paid by the department:
Provided, That if any such member owns and resides in a mobile
home, the department shall pay all reasonable and necessary
transportation expenses actually incurred in moving such the mobile
home from such the member's former station to his or her new station, but the department may not pay transportation expenses for
moving such the mobile home in excess of the amount which would
have been paid for moving an equivalent amount of household
furniture and effects had such member not owned such a mobile home.
A member transferred shall also be given a relocation expense
of three hundred dollars $1,000 if the transfer necessitated
relocation of the member's family.
The superintendent shall not restrict a member from residing
in a county other than that in which the member is stationed,
except that the superintendent may promulgate by appropriate
written regulation to be applied uniformly throughout the
department a restriction as to either: (1) The number of miles
distant from his or her station which a member may reside; or (2)
the time necessary under ordinary traffic conditions for a member
to travel between his or her residence and station.
The member may appeal the superintendent's order of transfer
to the board of appeals created for such purpose or to the circuit
court of Kanawha County in accordance with the provisions of
section six of this article and all of the original papers in such
cases shall be delivered to the appeals board or the circuit court,
as the case may be. The right of a member to appeal a transfer
shall not apply until the member has completed the eighteen-month
probationary period with the department.
NOTE: The purpose of this bill is to increase the relocation
expense allocation for members of the West Virginia State Police
when the transfer necessitates relocation of the member's family
.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.