Senate Bill No. 571
(By Senators Craigo and Manchin)
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[Originating in the Committee on Finance;
reported February 28, 1995.]
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A BILL to amend article two, chapter fifteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated
section seven-a relating to the recovery of training costs
for state troopers; legislative findings; inclusion of
cost of training each cadet class in superintendent's
annual report to the governor; contracts with incoming
cadets; notice of costs to new troopers; reimbursement of
costs under certain circumstances; exceptions; and deposit
of money in division of public safety's general revenue
account.
Be it enacted by the Legislature of West Virginia:
That article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
seven-a, to read as follows:
ARTICLE 2. DIVISION OF PUBLIC SAFETY.
§15-2-7a. Recovery of training costs.
The Legislature hereby finds that the division of public
safety and the taxpayers of this state incur significant costs
in providing to cadets within the division of public safety the
training required to become a trooper with the division of
public safety and in providing the cadets with an associate
degree in criminal justice. The taxpayers of this state have
a right to expect that this investment will be returned in the
form of effective law enforcement throughout the state of West
Virginia prior to a trooper leaving the division of public
safety. The purpose of this section is to ensure that this
investment is returned to the citizens of West Virginia.
(a) Beginning with the first annual report of the
superintendent to the governor subsequent to the effective date
of this section, the superintendent shall include, within the
annual report to the governor, an estimate of the total cost of
training each cadet class. The cost shall include, but not be
limited to, the salaries of each cadet, the salaries of academy support staff, the cost of maintenance and upkeep at the
academy, the cost of uniforms and other articles of clothing
furnished to cadets, the cost of benefits to cadets, the cost
of benefits to support staff, the cost of equipment and other
supplies furnished to cadets and the cost of academy supplies
consumed by each cadet class.
(b) Prior to the commencement of a cadet class, the
superintendent shall require each person accepted for training
in the cadet class to enter into a contract with the division
of public safety which requires that person, upon successful
completion of the training class and employment as a trooper
with the division to remain in the employ of the division for
at least two years. The contract shall clearly state that a
trooper who voluntarily resigns within two years of his or her
initial employment shall reimburse the division for the total
cost of his or her training as required under subdivision (d)
of this section.
(c) Within thirty days of graduation of a cadet class, the
superintendent shall mail to each new trooper the total cost of
the following:
(1) The cost of the cadet's salary during the cadet's
training at the academy;
(2) The cost of benefits provided to the cadet during the
cadet's training at the academy;
(3) The cost of uniforms and other articles of clothing
furnished to the cadet at the academy;
(4) The cost of equipment furnished to the cadet during
the cadet's training at the academy: Provided, That the cost
of equipment shall not include equipment such as weapons and
automobiles which remain the property of the division; and
(5) The cost of the room and board during the cadet's
training at the academy.
A copy of this report shall also be placed in the
trooper's personnel file.
(d) If any trooper voluntarily resigns from the West
Virginia division of public safety within two years of the date
of initial employment with the division, he or she shall
reimburse the division for the total amount of the items
enumerated in subdivision (b) of this section: Provided, That
the trooper may elect to reimburse the division the amount due
over a period of time not to exceed three years from the date
on which the trooper voluntarily resigned from the division:
Provided, however, That the superintendent shall excuse a
trooper from reimbursement of the cost of his or her cadet training if the trooper dies or becomes permanently and totally
disabled as established by sworn affidavit of a qualified
physician.
(e) Any money recovered pursuant to this section shall be
returned to the division's current fiscal year general revenue
account and may be used by the superintendent to defray the
cost of the normal operating needs of the division.