H. B. 4501
(By Delegates Perdue and R. Thompson)
[Introduced February 15, 2002; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact section eight, article twenty-nine,
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said
article by adding thereto a new section, designated section
eight-a, all relating to requiring the state to reimburse
county and municipal law-enforcement agencies for
law-enforcement training and certification costs; and
providing for a fund for the purpose of reimbursing
law-enforcement agencies, to be administered by the secretary
of military affairs and public safety.
Be it enacted by the Legislature of West Virginia:
That section eight, article twenty-nine, chapter thirty of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further
amended by adding thereto a new section, designated section
eight-a, all to read as follows:
ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.
§30-29-8. Compensation for employees attending law-enforcement
training academy; limitations; agreements to
reimburse employers for wages and expenses of
employees trained but not continuing employment.
A West Virginia law-enforcement agency shall pay compensation
to employees, including wages, salaries, benefits, tuition and
expenses for the employees' attendance at a law-enforcement
training academy: Provided, That the law-enforcement agency shall
receive reimbursement for the payments made from the secretary of
military affairs and public safety as provided under section
eight-a of this article. The compensation paid to the employees
of a law-enforcement agency for attendance at a law-enforcement
training academy as provided in this section shall not include
overtime compensation under the provisions of section three,
article five-c, chapter twenty-one of this code and shall be at the
regular rate to which the employee would be entitled for a workweek
of forty hours in regular employment with the agency. In
consideration for such compensation, the county commission or municipal government may shall require of its employees by written
agreement entered into with each of them in advance of such
attendance at a training academy that, if an employee should
voluntarily discontinue employment any time within one year
immediately following completion of the training curriculum, he or
she shall be obligated to pay to such county commission or
municipal government a pro rata portion of the sum of such
compensation equal to that part of such year which the employee has
chosen not to remain in the employ of the county commission or
municipal government. Any amounts received from an employee under
this provision shall be paid to the secretary of military affairs
and public safety for deposit in the law-enforcement training and
certification expense fund as provided under section eight-a of
this article.
§30-29-8a. Law-enforcement training and certificationexpense fund
created.
There is created within the state treasury a special fund
known as the "law-enforcement training and certification expense
fund", into which there shall be deposited such moneys as from time
to time may be appropriated by the Legislature or received from
other sources as may be donated or otherwise provided for the fund.
The fund shall be administered by the secretary of military affairs and public safety for the sole purpose of reimbursing municipal and
county police departments for costs expended in training and
certification of the departments' police officers. The secretary
of military affairs and public safety shall, upon written request
and the presentation of documentation verifying expenses paid,
direct payment from the fund in the form of a draft
to any
municipal or county law-enforcement agency in this state in a sum
equal to the amount verified as having been paid to train and
certify the agency's police officers.
NOTE: The purpose of this bill is to
require the state to
reimburse county and municipal law-enforcement agencies for
law-enforcement training and certification costs. It also provides
for a fund for the purpose of reimbursing law-enforcement agencies,
to be administered by the secretary of military affairs and public
safety.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§30-29-8a is new; therefore, strike-throughs and underscoring
have been omitted.