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H. B. 4094
(By Delegates Thompson (Mr. Speaker) and Armstead
(By Request of the Executive))
(Originating in the Committee on Finance)
[February 22, 2008]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §6C-4-1, §6C-4-2 and
§6C-4-3, all relating to reimbursement of compensation paid to
certain state employees for training, education and
professional development; and requiring division of personnel
propose rules for legislative approval.
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 article, designated §6C-4-1, §6C-4-2 and
§6C-4-3, all to read as follows:
ARTICLE 4. COMPENSATION TO STATE EMPLOYEES FOR TRAINING,
EDUCATION AND PROFESSIONAL DEVELOPMENT.
As used in this article, the following words and terms have
the following meanings, unless the context clearly indicates
(a) "Advanced professional development training" means any academy, class, conference, course, program, seminar or training
attended by an employee that:
(1) Is not required by his or her current position;
(2) Is not required for the performance of his or her current
job responsibilities; and
(3) Is intended to develop a higher level of skill, to develop
an increase in professional or technical knowledge, or to obtain an
advanced level of professional accreditation.
"Advanced professional development training" does not include
routine job training, training required for the employee's
performance of his or her current job responsibilities, attendance
at professional conventions, seminars, continuing professional
education or any form of training required to renew an employee's
professional accreditation or any training costing less than one
(b) "Agency" means an administrative unit of state government,
including, without limitation, any authority, board, bureau,
commission, committee, council, division, section, or office within
the executive branch of state government.
(c) "Continuing professional education" means educational
courses, seminars, lectures or programs necessary to maintain or
renew an employee's professional accreditation.
(d) "Employee" means any person who performs a full or part-
time service for wages, salary, or other remuneration under a
contract for hire, written or oral, express or implied, for an
agency and receives advanced professional development training after the effective date of this article.
(e) "Professional accreditation" means any certification,
degree, advanced degree, endorsement or occupational license.
(f) "Training compensation" means tuition and expenses, paid
to an or on the behalf of an employee for advanced professional
§6C-4-2. Agreements to reimburse state agencies for training
compensation paid to employees; rule-authority.
(a) Notwithstanding any other provision of this code to the
contrary, an agency may require an employee to enter into a written
reimbursement agreement to repay training compensation.
(b) If an employee voluntarily leaves employment with the
agency within one year after receiving advanced professional
development training and becomes employed within one year with an
entity other than the State of West Virginia, in a capacity which
utilizes the advanced professional development training, the
employee shall repay a pro rata portion of the training
compensation as provided in the reimbursement agreement.
(c) The Division of Personnel shall propose rules for
legislative approval, in accordance with the provisions of article
three, chapter twenty-nine-a of this code, to set forth a standard
reimbursement agreement form which provides the following minimum
(1) Providing general contract language including terms and
conditions of repayment;
(2) Specifying types of advanced professional development
(3) Requiring service no longer than one year;
(4) Permitting and describing the circumstances an agency may
withhold prorated amounts from any final payments due and owing to
the employee; and
(5) Providing exceptions for an employee who becomes injured
or ill and can no longer perform his or her assigned job functions.
(a) The provisions of this article do not apply to:
(1) Training offered to a member of the West Virginia State
Police during his or her participation in the West Virginia State
Police Cadet Training Program in accordance with the provisions of
subsection (i), section five, article two, chapter fifteen of this
(2) A member of the West Virginia National Guard; and
(3) Employees of the Legislature, the Supreme Court of
Appeals, the Attorney General, the Secretary of State, the Auditor,
the Treasurer and the Commissioner of Agriculture.