Bill Text For HB1084 - Enrolled

  |ENROLLED HOUSE                                                         |
  |BILL NO. 1084                        By:     Thomsen, McCullough,      |
  |                                         Roan and Tibbs of the House   |
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  |                                        Paddack of the Senate          |
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  |       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.                  |
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  |BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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  |    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:         |
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  |    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.            |
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  |    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.                                          |
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  |    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.                                                   |
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  |    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.                                                                |
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  |    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.                                                            |
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  |    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.                                                       |
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  |    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    |
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  |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.       |
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  |    SECTION 2.  This act shall become effective November 1, 2009.      |
  |    Passed the House of Representatives the 14th day of May, 2009.     |
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  |                                  Presiding Officer of the House of    |
  |                                                    Representatives    |
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  |    Passed the Senate the 15th day of May, 2009.                       |
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  |                                  Presiding Officer of the Senate      |
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arsid11499477 ENR. H. B. NO. 1084                                  Page 3
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