Senate Bill No. 264
(By Senators Tomblin, Mr. President, and Caruth,
By Request of the Executive)
[Introduced January 18, 2008; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
Be it enacted by the Legislature of West Virginia:
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
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.
The Legislature hereby finds and declares as follows:
(1) That significant amounts of public funds are expended each
year as compensation to state employees, including wages, salaries, benefits, tuition and expenses for job-related training, education
and professional development;
(2) That such training is often not required for the
performance of the employee's current job responsibilities, but is
designed to develop additional skills or to obtain an advanced
level of professional accreditation;
(3) That once their training is complete, such employees often
capitalize on their enhanced marketability by pursuing career
opportunities outside of state government;
(4) That investment in job-related training and professional
development is important to the public services offered to the
citizens of this state and is critical to attracting and retaining
employees of the highest quality and integrity; and
(5) That in the event a state employee receives compensation
for certain advanced professional development training and
thereafter voluntarily discontinues employment with the state, the
state government agency that bore the costs associated with such
training should be authorized to seek the repayment of state moneys
As used in this article, unless the context otherwise
requires, the following words and phrases shall have the meanings
ascribed to them in this section:
(1) "Advanced professional development training" means any academy, class, conference, course, program, seminar or training
attended by an employee that:
(A) Is not required by his or her current position;
(B) Is not required for the performance of his or her current
job responsibilities; and
(C) 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 or seminars, continuing professional
education or any form of training required to renew an employee's
(2) "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. "Agency" does not
include units of state government within the legislative or
judicial branches, or the offices of any state constitutional
(3) "Continuing professional education" means educational
courses, seminars, lectures or programs necessary to maintain or
renew an employee's professional accreditation.
(4) "Employee" means any person hired on or after the
effective date of this article 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.
"Employee" does not include employees of the legislative or
judicial branches, employees of any state constitutional officer,
or a patient or inmate employed by a state institution.
(5) "Professional accreditation" means any certification,
degree, advanced degree, endorsement or occupational license.
(6) "Training compensation" means compensation, including
wages, salaries, benefits, tuition and expenses, paid to an
employee for advanced professional development training.
§6C-4-3. Agreements to reimburse state agencies for training
compensation paid to employees trained but not
continuing employment; construction of article.
(a) Notwithstanding any other provision of this code to the
contrary, in consideration for the payment of training
compensation, an agency may require an employee to enter into a
written agreement prior to the payment of such compensation that,
if within three years following completion of the advanced
professional development training, the employee voluntarily
discontinues employment with the agency, the employee is obligated
to pay the agency a pro rata portion of the training compensation
equal to that part of such three-year period the employee chose not to remain employed with the agency: Provided,
That the provisions
of this section do not apply to compensation paid 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 code.
(b) An agency may withhold prorated amounts due under
subsection (a) of this section from any final payments due and
owing to the employee.
(c) The provisions of this article are not to be construed to
require an agency to provide training compensation to an employee
where the agency is not otherwise required to do so by law.
NOTE: The purpose of this bill is to authorize state agencies
to condition compensation paid to employees for job-related
training, education or professional development on continued
employment with the state agency.
§6C-4-1, §6C-4-2 and §6C-4-3 are new; therefore,
strike-throughs and underscoring have been omitted.