SB797 HFIN AM #1
Chakmakian 3260
The Committee on Finance moved to amend the bill on page 2, section 19, line 22, following “provisions of” by striking “§17C-2-3” and inserting in lieu thereof “§17C-1-1 et seq.”; and
On page 3, section 19, following line 52, by striking all of subsection (f) in its entirety and relettering the remaining subsections; and
On page 4, section 6, line 10, by striking “defined” and inserting in lieu thereof “provided”; and
On page 6, following section 1, by striking out all of §30-29-5 in its entirety and inserting in lieu thereof the following:
Ҥ30-29-5. Certification requirements and power to decertify or reinstate.
(a) Except as provided in subsections (b) and (g) (e)
of this section, a person may not be employed as a law-enforcement officer by
any West Virginia law-enforcement agency or by any state institution of higher
education or by a hospital or by the Public Service Commission of West
Virginia on or after the effective date of this article unless the person is
certified, or is certifiable in one of the manners specified in subsections
subsection (c) through (e), inclusive of this section, by the
subcommittee as having met the minimum entry level law-enforcement
qualification and training program requirements promulgated pursuant to this
article: Provided, That the provisions of this section do not apply to
persons hired by the Public Service Commission as motor carrier inspectors and
weight enforcement officers before July 1, 2007.
(b) Except as provided in subsection (g) (e)
of this section, a person who is not certified, or certifiable in one of
the manners specified in subsections subsection
(c) through (e), inclusive, of this section, may be conditionally
employed as a law-enforcement officer until certified: Provided, That
within 90 calendar days of the commencement of employment or the effective date
of this article, if the person is already employed on the effective date, he or
she makes a written application to attend an approved law-enforcement training
academy and that the person satisfactorily completes the approved
law-enforcement training academy within 18 consecutive months of the
commencement of his or her employment: Provided, however, That the
subcommittee may grant an extension, one-time only, not to exceed six months,
based upon a written request from the person justifying the need for such an
extension: Provided further, That the subcommittee,
in its sole discretion, may grant an additional extension upon demonstration of
a hardship warranting it. The person’s employer shall provide notice, in
writing, of the 90-day deadline to file a written application to the academy
within 30 calendar days of that person’s commencement of employment. The
employer shall provide full disclosure as to the consequences of failing to
file a timely written application. The academy shall notify the applicant in
writing of the receipt of the application and of the tentative date of the
applicant’s enrollment. Any applicant who, as the result of extenuating
circumstances acceptable to his or her employing law-enforcement
official, is unable to attend the scheduled training program to which he or she
was admitted may reapply and shall be admitted to the next regularly scheduled
training program. One year after the effective date of this section,
certification as a law-enforcement officer within this state of persons who are
not certifiable as provided in subsection (c) of this section, shall, in
addition to graduation from an established academy in the state, be based on:
Current employment as a sworn law-enforcement officer by any West Virginia
law-enforcement agency or any state institution of higher education or the
Public Service Commission; and the person’s successful completion of an
approved entry level law-enforcement examination established by legislative
rule of the subcommittee, which shall include, at a minimum, written testing
requirements, medical standards, physical standards, and good moral character
standards conducted in accordance with such rule. The production of a record
of successful passage of the approved entry level law-enforcement examination
shall indicate the applicant as qualified under the law-enforcement training
and certification standards within this state. An applicant who
satisfactorily completes the program and successfully passes the approved
entry level law-enforcement examination shall, within 30 days of
completion, make written application to the subcommittee requesting
certification as having met the minimum entry level law-enforcement qualification
and training program requirements. Upon determining that an applicant has met
the requirements for certification as set forth in this section, the
subcommittee shall forward to the applicant documentation of certification. An
applicant who fails to complete the training program to which he or she is
first admitted, or was admitted upon reapplication, or who fails to pass the
approved entry level law-enforcement examination, may not be certified by
the subcommittee: Provided, however, And provided further,
That an applicant who has completed the minimum training and examination
required by the subcommittee may be certified as a law-enforcement officer,
notwithstanding the applicant’s failure to complete additional training hours
required in the training program to which he or she originally applied. If
more than 24 months but less than 60 months have passed since the applicant for
certification has successfully completed the approved entry level
law-enforcement examination, the person may be certified but must complete the
additional training set forth in legislative rules promulgated by the
subcommittee addressing the recertification requirements of certified officers.
If more than 60 months have passed since the applicant for certification has
successfully completed the approved entry level law-enforcement examination,
the person must then attend a subcommittee-approved training program and
successfully complete a separate subcommittee entry level law-enforcement
examination.
(c) Any person who is employed as a law-enforcement
officer on the effective date of this article and is a graduate of the West
Virginia basic police training course, the West Virginia State Police cadet
training program, or other approved law-enforcement training academy, is certifiable
as having met the minimum entry level law-enforcement training program
requirements and is exempt from the requirement of attending a law-enforcement
training academy. To receive certification, the person shall make written
application within ninety calendar days of the effective date of this article
to the subcommittee requesting certification. The subcommittee shall review the
applicant’s relevant scholastic records and, upon determining that the
applicant has met the requirements for certification, shall forward to the
applicant documentation of certification.
(d) Any person who is employed as a law-enforcement
officer on the effective date of this article and is not a graduate of the West
Virginia basic police training course, the West Virginia State Police Cadet
Training Program or other approved law-enforcement training academy, is
certifiable as having met the minimum entry level law-enforcement training
program requirements and is exempt from the requirement of attending a
law-enforcement training academy if the person has been employed as a
law-enforcement officer for a period of not less than five consecutive years
immediately preceding the date of application for certification. To receive
certification, the person shall make written application within ninety calendar
days following the effective date of this article to the subcommittee
requesting certification. The application shall include notarized statements as
to the applicant’s years of employment as a law-enforcement officer. The subcommittee
shall review the application and, upon determining that the applicant has met
the requirements for certification, shall forward to the applicant
documentation of certification
(e) (c) Any person who begins employment on
or after the effective date of this article as a law-enforcement officer is
certifiable as having met the minimum entry level law-enforcement training
program requirements and is exempt from attending a law-enforcement training
academy if the person has satisfactorily completed a course of instruction in
law enforcement equivalent to or exceeding the minimum applicable
law-enforcement training curricula promulgated by the subcommittee. To receive
certification, the person shall make written application within 90 calendar
days following the commencement of employment to the subcommittee requesting
certification. The application shall include a notarized statement of the
applicant’s satisfactory completion of the course of instruction in law
enforcement, a notarized transcript of the applicant’s relevant scholastic
records, and a notarized copy of the curriculum of the completed course of
instruction. The subcommittee shall review the application and, if it finds the
applicant has met the requirements for certification, shall forward to the
applicant documentation of certification. The subcommittee may set the
standards for required records to be provided by or on behalf of the applicant
officer to verify his or her training, status, or certification as a
law-enforcement officer. The subcommittee may allow an applicant officer to
participate in the approved equivalent certification program to gain
certification as a law-enforcement officer in this state.
(f) (d) Except as provided in subdivisions
(1) through (3), inclusive, of this subsection, any person who is employed as a
law-enforcement officer on or after the effective date of this article and
fails to be certified shall be automatically terminated and no further
emoluments shall be paid to such officer by his or her employer. Any person
terminated shall be entitled to reapply, as a private citizen, to the
subcommittee for training and certification, and upon being certified may again
be employed as a law-enforcement officer in this state: Provided, That
if a person is terminated under this subsection because an application was not
timely filed to the academy, and the person’s employer failed to provide notice
or disclosure to that person as set forth in subsection (b) of this section,
the employer shall pay the full cost of attending the academy if the person’s
application to the subcommittee as a private citizen is subsequently approved.
(1) Any person who is employed as a law-enforcement officer on or after the effective date of this article and fails to be certified as a result of hardship and/or circumstance beyond his or her control may apply to the director of a training academy for reentry to the next available academy.
(2) Any person who is employed as a law-enforcement officer on or after the effective date of this article and fails to be certified as a result of voluntary separation from an academy program shall be automatically terminated and no further emoluments may be paid to such officer by his or her employer. Any person terminated as a result of voluntary separation from an academy program may not be conditionally employed as a law-enforcement officer for a period of two years from the date of voluntary separation.
(3) Any person who is employed as a law-enforcement officer on or after the effective date of this article and fails to be certified as a result of dismissal from an academy program shall be automatically terminated and no further emoluments may be paid to such officer by his or her employer. Any person terminated as a result of dismissal from an academy program may not be conditionally employed as a law-enforcement officer for a period of five years from the date of dismissal and receiving approval from the subcommittee.
(g) (e) Nothing in this article may be
construed as prohibiting any governing body, Civil Service Commission or chief
executive of any West Virginia law-enforcement agency from requiring their
law-enforcement officers to meet qualifications and satisfactorily complete a
course of law-enforcement instruction which exceeds the minimum entry level law-enforcement
qualification and training curricula promulgated by the subcommittee.
(h) (f) The subcommittee, or its designee,
may decertify or reactivate a law-enforcement officer pursuant to the procedure
contained in this article and legislative rules promulgated by the
subcommittee.
(i) (g) Any person aggrieved by a decision
of the subcommittee made pursuant to this article may contest the decision in
accordance with the provisions of §29A-5-1 et seq. of this code.
(j) (h) The subcommittee may issue subpoenas
for the attendance of witnesses and the production of necessary evidence or
documents in any proceeding, review, or investigation relating to certification
or hearing before the subcommittee.”
Adopted
Rejected