Enrolled Committee Substitute House Bill 4094 History

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



H. B. 4094

(By Delegates Thompson (Mr. Speaker) and Armstead

(By Request of the Executive))

[Passed March 8, 2008; in effect ninety days from passage.]

AN ACT 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; defining terms; requiring division of personnel propose rules for legislative approval ; and setting forth exemptions.

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:

§6C-4-1. Definitions.
As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:
(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 thousand dollars.
(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 development training.
§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 requirements:
(1) Providing general contract language including terms and conditions of repayment;
(2) Specifying types of advanced professional development training;
(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.
§6C-4-3. Exemptions.
(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 code;
(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.
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