Introduced Version House Bill 4324 History

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Key: Green = existing Code. Red = new code to be enacted

H. B. 4324


(By Delegates Caputo, White, Poore, Armstead,

  Lawrence and Walter)

[ By Request of the State Police]

[Introduced January 27, 2012; referred to the

Committee on Veterans’ Affairs and Homeland Security then Finance.]


A BILL to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as amended, relating to the State Police structure and how established; authorizing entry-level training to be provided without a fee; and creating a special revenue account for the West Virginia State Police Academy Fund.

Be it enacted by the Legislature of West Virginia:

    That §15-2-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:


§15-2-3. State police structure; how established.

    (a) The superintendent shall create, appoint and equip the State Police which shall consist of the number of troops, districts and detachments required for the proper administration of the State Police. Each troop, district or detachment shall be composed of the number of officers and members the superintendent determines are necessary to meet operational needs and are required for the efficient operation of the State Police. The superintendent shall establish the general organizational structure of the State Police by interpretive rule in accordance with the provisions of article three, chapter twenty-nine-a of this code. The superintendent shall provide adequate facilities for the training of all members of the State Police and shall prescribe basic training requirements for newly enlisted members. He or she shall also provide advanced or in-service training from time to time for all members of the State Police. The superintendent shall hold entry-level training classes for other peace officers in the state without cost to those officers, except actual expenses for food, lodging and school supplies. The superintendent may hold advanced levels of training classes for other peace officers in the state for a reasonable fee.

    (b) There is hereby created in the State Treasury a special revenue account, which shall be an interest bearing account, to be known as the "Academy Training and Professional Development Fund." The special revenue account shall consist of training fees, any appropriations that may be made by the Legislature, income from the investment of moneys held in the special revenue account and all other sums available for deposit to the special revenue account from any source, public or private. No expenditures for purposes of this section are authorized from collections except in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions set forth in article two, chapter eleven-b of this code. Any balance remaining in the special revenue account at the end of any state fiscal year does not revert to the General Revenue Fund but remains in the special revenue account and shall be used solely in a manner consistent with this article. The superintendent is authorized to expend funds from the account to offset operational and training costs; for building maintenance and repair, for purchases and for equipment repair or replacement for the West Virginia State Police Academy; and to defray necessary expenses incidental to those and other activities associated with law-enforcement training.


    NOTE: The purpose of this bill is to authorize the Superintendent of the State Police to provide entry level training to other law-enforcement officers without charging a fee for the training but to charge a fee for advanced level training. A special revenue account is created which will be used to deposit and disburse any fees or other funds available to pay for the entry level training and to defray various training costs.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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