Senate Bill No. 404
(By Senator Craigo)
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[Introduced February 15, 1996; referred to the Committee
on the Judiciary; and then to the Committee on Finance
.]
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A BILL to amend article two, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section seven-a,
relating to the recovery of training costs for state
troopers; legislative findings; inclusion of cost of
training each cadet class in superintendent's annual report
to the governor; contracts with incoming cadets; notice of
costs to new troopers; reimbursement of costs under certain
circumstances; exceptions; and deposit of money in division
of public safety's general revenue account.
Be it enacted by the Legislature of West Virginia:
That article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
seven-a, to read as follows:
ARTICLE 2. STATE POLICE.
§15-2-7a. Recovery of training costs.
The Legislature hereby finds that the state police and the
taxpayers of this state incur significant costs in providing to
cadets within the state police the training required to become a
trooper with the state police and in providing the cadets with an
associate degree in criminal justice. The taxpayers of this
state have a right to expect that this investment will be
returned in the form of effective law enforcement throughout the
state of West Virginia prior to a trooper leaving the state
police. The purpose of this section is to ensure that this
investment is returned to the citizens of West Virginia.
(a) Beginning with the first annual report of the
superintendent to the governor subsequent to the effective date
of this section, the superintendent shall include, within the
annual report to the governor, an estimate of the total cost of
training each cadet class. The cost shall include, but not be limited to, the salaries of each cadet, the salaries of academy
support staff, the cost of maintenance and upkeep at the academy,
the cost of uniforms and other articles of clothing furnished to
cadets, the cost of benefits to cadets, the cost of benefits to
support staff, the cost of equipment and other supplies furnished
to cadets and the cost of academy supplies consumed by each cadet
class.
(b) Prior to the commencement of a cadet class, the
superintendent shall require each person accepted for training in
the cadet class to enter into a contract with the state police
which requires that person, upon successful completion of the
training class and employment as a trooper with the state police
to remain in the employ of the state police for at least two
years. The contract shall clearly state that a trooper who
voluntarily resigns within two years of his or her initial
employment shall reimburse the state police for the total cost of
his or her training as required under subdivision (d) of this
section.
(c) Within thirty days of graduation of a cadet class, the
superintendent shall mail to each new trooper the total cost of
the following:
(1) The cost of the cadet's salary during the cadet's
training at the academy;
(2) The cost of benefits provided to the cadet during the
cadet's training at the academy;
(3) The cost of uniforms and other articles of clothing
furnished to the cadet at the academy;
(4) The cost of equipment furnished to the cadet during the
cadet's training at the academy: Provided, That the cost of
equipment shall not include equipment such as weapons and
automobiles which remain the property of the state police; and
(5) The cost of the room and board during the cadet's
training at the academy.
A copy of this report shall also be placed in the trooper's
personnel file.
(d) If any trooper voluntarily resigns from the West
Virginia state police within two years of the date of initial
employment with the state police, he or she shall reimburse the
state police for the total amount of the items enumerated in
subdivision (c) of this section: Provided, That the trooper may
elect to reimburse the state police the amount due over a period
of time not to exceed three years from the date on which the trooper voluntarily resigned from the state police: Provided,
however, That the superintendent shall excuse a trooper from
reimbursement of the cost of his or her cadet training if the
trooper dies or becomes permanently and totally disabled as
established by sworn affidavit of a qualified physician.
(e) Any money recovered pursuant to this section shall be
returned to the state police's current fiscal year general
revenue account and may be used by the superintendent to defray
the cost of the normal operating needs of the state police.
NOTE: The purpose of this bill is to require persons who
join the state police and then resign within two years of
initial employment to repay the costs of their training.
This section is new; therefore, strike-throughs and
underscoring have been omitted.