Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
       2024 REGULAR SESSION
                 ENGROSSED
          Committee Substitute for House Bill 5318
 By Delegates Kelly, Hott, Ward, Kump, Fehrenbacher,
  Mallow, Hornby, Phillips, Jeffries, Pinson, and Kirby [Originating in the Committee on the Judiciary;
            Reported on February 9, 2024]
     Eng CS for HB 5318
1    A BILL to amend and reenact §30-29-13 of the Code of West Virginia, 1931, as amended, relating
2           to municipal chief executive requirements; and clarifying that persons elected as municipal
3           police chiefs shall be certified law-enforcement officers, or to be certifiable as such,
4           according to the requirements set forth in other applicable provisions of this code; and
5           providing that chief executives elected prior to the effective date are exempt from the
6           requirement.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE        29.    LAW-ENFORCEMENT                TRAINING        AND       CERTIFICATION.
     §30-29-13. Chief executive requirements.
1           Notwithstanding any provision of this code to the contrary, on or after July 1, 2018, any
2    person elected or appointed to serve as the chief executive of a municipal law-enforcement
3    agency shall be a certified, or certifiable as, a law-enforcement officer as provided in §30-29-5 of
4    this code: Provided, That chief executives of municipal law-enforcement agencies employed prior
5    to July 1, 2018, who are not certified law-enforcement officers are exempt from this requirement
6    for purposes of the position he or she holds as of that date: Provided, however, That elected chief
7    executives of municipal law-enforcement agencies of Class IV towns as defined by §8-1-3 of this
8    Code are exempt from this requirement: Provided further, That chief executives of municipal law-
9    enforcement agencies elected prior to July 1, 2024, who are not certified law-enforcement officers
10   are exempt from this requirement for purposes of the position held unless a break in service from
11   the elected position occurs.
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Statutes affected: 
Introduced Version: 30-29-13
Committee Substitute: 30-29-13
Engrossed Committee Substitute: 30-29-13