|ENROLLED HOUSE | |BILL NO. 1084 By: Thomsen, McCullough, | | Roan and Tibbs of the House | | | | and | | | | Paddack of the Senate | | | | | | | | | | | | | | An Act relating to the Council on Law Enforcement | | Education and Training; providing for minimum | | comprehension and physical agility standards; | | requiring execution of certain promissory note | | between the Council on Law Enforcement Education and | | Training and peace officers attending the basic law | | enforcement academy; stating per day rate for basic | | law enforcement academy training; requiring repayment | | of obligation under certain circumstances; providing | | for waiver of obligation under certain circumstances; | | providing for cause of action remedy upon violation | | of contract; providing for attorney fees and costs; | | providing exception; providing for deposit of funds | | into certain revolving fund; providing for | | codification; and providing an effective date. | | | | | | | | | |BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | | SECTION 1. NEW LAW A new section of law to be codified | |in the Oklahoma Statutes as Section 3311.11 of Title 70, unless | |there is created a duplication in numbering, reads as follows: | | | | A. Beginning November 1, 2009, any person or peace officer who | |desires to attend a basic law enforcement academy conducted by the | |Council on Law Enforcement Education and Training (CLEET) shall | |within ninety (90) days of hire and prior to CLEET admission, be | |required to score a minimum of seventy percent (70%) on a reading | |and writing comprehension examination approved and administered by | |CLEET to assure the applicant can read and write on a level | |necessary to perform the requirements of the CLEET academy. | | | | | arsid11499477 ENR. H. B. NO. 1084 Page 1 ___________________________________________________________________________
| B. Beginning November 1, 2009, any person or peace officer who | |desires to attend the basic law enforcement academy conducted by | |CLEET shall, prior to admission, be required to provide proof of a | |score of a minimum of seventy percent (70%) on a physical agility | |test approved by CLEET to assure the applicant is in sufficient | |physical condition to avoid unnecessary injury during the basic law | |enforcement academy training. | | | | C. Beginning November 1, 2009, any person or peace officer, | |upon employment by a law enforcement agency and prior to attending a | |basic law enforcement academy conducted by CLEET, shall execute a | |promissory note for academy training expenses payable to CLEET | |whereby the person or peace officer promises to repay the note by | |remaining within the law enforcement profession in the State of | |Oklahoma in a position approved by rules and regulations of CLEET | |for four (4) years following graduation from the basic law | |enforcement academy. | | | | D. The amounts due pursuant to subsection C of this section | |shall be reduced at a rate of Three Dollars ($3.00) per calendar day | |beginning the first day after graduation from the basic law | |enforcement academy and continuing until the end of one thousand | |four hundred sixty (1,460) days. If for any reason a peace officer | |leaves the employment of a law enforcement agency and does not | |reemploy with an approved law enforcement agency within ninety (90) | |days of the date of becoming inactive the obligation shall be | |considered due. Upon default of the note, if no agreement for | |payment or payment schedule has been agreed upon, the certification | |of the peace officer shall be suspended. For purposes of repayment, | |periods of time where a peace officer is inactive shall not be | |included in the one-thousand-four-hundred-sixty-day employment | |period. | | | | E. The amount of a promissory note for academy training | |expenses that is cancelled under the provisions of this section | |shall not be considered income for the purposes of Oklahoma State | |Income Tax. | | | | F. The Director of CLEET may waive any or all promissory note | |obligations for academy training expenses in instances where in the | |sole opinion of the Director, a waiver is in the best interests of | |law enforcement. | | | | G. Violation of the provisions of subsection D of this section | |or the terms of the promissory note for academy training expenses | |entered into pursuant to this section shall give rise to a cause of | |action and suit may be commenced by CLEET for and on behalf of the | |State of Oklahoma for restitution of any and all sums plus interest | arsid11499477 ENR. H. B. NO. 1084 Page 2 ___________________________________________________________________________
|at the statutory rate, costs and reasonable attorney fees. All | |promissory notes for academy training expenses, interest and fees | |collected pursuant to this section shall be deposited into the Peace | |Officer Revolving Fund provided for in Section 3311.7 of Title 70 of | |the Oklahoma Statutes. The provisions of this section shall not | |apply to persons who volunteer or are drafted into active military | |service subsequent to receiving CLEET training at state expense. | | | | SECTION 2. This act shall become effective November 1, 2009. | | Passed the House of Representatives the 14th day of May, 2009. | | | | | | | | | | Presiding Officer of the House of | | Representatives | | | | | | Passed the Senate the 15th day of May, 2009. | | | | | | | | | | Presiding Officer of the Senate | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | arsid11499477 ENR. H. B. NO. 1084 Page 3© 2010-13 eCapitol, LLC. ALL RIGHTS RESERVED.
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