SB145 SUB1
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 145
(By Senator Rowe)
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[Originating in the Committee on Judiciary;
reported February 22, 2001.]
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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, relating to requiring any law-
enforcement agency hiring a graduate of an approved law-
enforcement training academy to pay a percentage of the cost
of such training to the law-enforcement agency that had
sponsored and funded the graduate's training.
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 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;
law-enforcement agency to pay
proportional cost of graduate's cost of training upon hiring
a graduate sponsored by a different agency.
(a) 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. 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 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.
(b) Any West Virginia law-enforcement agency, including any
state institution of higher education, that, within the three-year
period immediately following the completion of the training
curriculum, hires a graduate of an approved law-enforcement
training academy whom that agency did not sponsor at the academy,
shall pay to the sponsoring law-enforcement agency a pro rata
portion of the total cost of training expended by the sponsoring
agency. The costs of training shall include wages or benefits paid
to the employee during such training,
tuition,
and expenses for
required travel, clothing and equipment
. The portion of the total
costs payable by the hiring agency shall be based on the proportion
that the number of days remaining in the three-year period from the
date of hire by the non-sponsoring agency bears to the entire three
year period. The sponsoring agency shall provide an accurate
accounting to the hiring agency of the costs for the graduate's
training:
Provided, That the sponsoring agency may elect to waive
reimbursement of costs or any part thereof as provided by this
section. The provisions of this subsection shall not apply with
respect to any law-enforcement officer who is involuntarily
terminated from employment by his or her sponsoring agency.
NOTE: The purpose of this bill is to require nonsponsoring
police agencies that hire graduate recruits within 36 months from
the date they graduated from an approved law-enforcement training
academy, to pay a proportional cost of the training to the
sponsoring police agency that funded the training, based on the
number of days remaining in the 36 month period after graduation.
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