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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(NOTE: This legislation is intended to provide a mechanism
for dealing with members who willfully fail or refuse to surrender
their assigned equipment upon termination, resignation or
retirement.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)
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