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Engrossed Version Senate Bill 545 History

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ENGROSSED

Senate Bill No. 545

(By Senators Wooton, Ball, Bowman, Dittmar, Fanning, Hunter, Oliverio, Ross, Schoonover, Snyder, White, Buckalew, Deem, Kimble and Scott)

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[Originating in the Committee on the Judiciary;


reported March 28, 1997.]

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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 ten-a, relating to giving the superintendent of the West Virginia state police the right of setoff against any unpaid benefits when a member fails to return assigned clothing or equipment.

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 ten-a, to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-10a. Duty to return assigned items; superintendent's right of setoff.

(a) Whenever any member of the state police retires, resigns or is terminated from employment, he or she shall surrender, in good condition, considering reasonable wear and tear from proper use, all items of equipment and clothing assigned to such member as set forth in section ten of this article.
(b) Notwithstanding any provision of this code to the contrary, the superintendent of state police shall have a setoff against any West Virginia state police retirement benefits, salary owed, sick leave benefits or vacation day benefits owed such retired, resigning or terminated member equal to the value of any equipment and clothing not returned.
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