ENGROSSED
Senate Bill No. 164
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Introduced January 11, 2002; referred to the Committee
on Finance.]
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A BILL to amend and reenact section five, article two, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to an increase in the
annual base salary of all sworn state police personnel by
eight hundred four dollars, effective on the first day of
July, two thousand two.
Be it enacted by the Legislature of West Virginia:
That section five, article two, chapter fifteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-5. Career progression system; salaries; exclusion from wage
and hour law, with supplemental payment; bond; leave time for
members called to duty in guard or reserves.
(a) The superintendent shall establish within the West
Virginia state police a system to provide for: The promotion of
members to the supervisory ranks of sergeant, first sergeant,
second lieutenant and first lieutenant; the classification of
nonsupervisory members within the field operations force to the
ranks of trooper, senior trooper, trooper first class or corporal;
the classification of members assigned to the forensic laboratory
as criminalist I-VII; and the temporary reclassification of members
assigned to administrative duties as administrative support
specialist I-VIII.
(b) The superintendent may propose legislative rules for
promulgation in accordance with article three, chapter twenty-nine-
a of this code for the purpose of ensuring consistency,
predictability and independent review of any system developed under
the provisions of this section.
(c) The superintendent shall provide to each member a written
manual governing any system established under the provisions of
this section and specific procedures shall be identified for the
evaluation and testing of members for promotion or reclassification
and the subsequent placement of any members on a promotional
eligibility or reclassification recommendation list.
(d) Beginning on the first day of July, two thousand one two,
and continuing thereafter, members shall receive annual salaries as
follows:
ANNUAL SALARY SCHEDULE (BASE PAY) SUPERVISORY AND NONSUPERVISORY
RANKS
Cadet During Training$2,039 Mo.$24,476
Cadet Trooper After Training2,442 Mo.29,312
Trooper Second Year 29,768
Trooper Third Year 30,140
Trooper Fourth & Fifth Year 30,440
Senior Trooper 32,528
Trooper First Class 34,616
Corporal 36,704
Sergeant 40,880
First Sergeant 42,968
Second Lieutenant 45,056
First Lieutenant 47,144
Captain 49,232
Major 51,320
Lieutenant Colonel 53,408
Cadet During Training$2,106 Mo.$25,272
Cadet Trooper After Training2,509 Mo.30,108
Trooper Second Year30,572
Trooper Third Year30,944
Trooper Fourth & Fifth Year31,244
Senior Trooper33,332
Trooper First Class35,420
Corporal
37,508
Sergeant41,684
First Sergeant43,772
Second Lieutenant45,860
First Lieutenant47,948
Captain50,036
Major52,124
Lieutenant Colonel54,212
ANNUAL SALARY SCHEDULE (BASE PAY) ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I 30,440
II 32,528
III 34,616
IV 36,704
V 40,880
VI 42,968
VII 45,056
VIII 47,144
I31,244
II33,332
III35,420
IV37,508
V
41,684
VI43,772
VII45,860
VIII
47,948
ANNUAL SALARY SCHEDULE (BASE PAY) CRIMINALIST CLASSIFICATION
I 30,440
II 32,528
III 34,616
IV 36,704
V 40,880
VI 42,968
VII 45,056
I31,244
II33,332
III35,420
IV37,508
V41,684
VI43,772
VII45,860
Each member of the West Virginia state police whose salary is
fixed and specified in this annual salary schedule is entitled to
the length of service increases set forth in subsection
(f) (e) of
this section and supplemental pay as provided in subsection (g) of
this section.
(e) Each member of the West Virginia state police whose salary
is fixed and specified pursuant to this section shall receive, and
is entitled to, an increase in salary over that set forth in
subsection (d) of this section, for grade in rank, based on length
of service, including that service served before and after the
effective date of this section with the West Virginia state police
as follows: At the end of five years of service with the West
Virginia state police, the member shall receive a salary increase
of six hundred dollars to be effective during his or her next three
years of service and a like increase at three-year intervals
thereafter, with the increases to be cumulative.
(f) In applying the salary schedules set forth in this section
where salary increases are provided for length of service, members
of the West Virginia state police in service at the time the
schedules become effective shall be given credit for prior service
and shall be paid the salaries the same length of service entitles
them to receive under the provisions of this section.
(g) The Legislature finds and declares that because of the
unique duties of members of the West Virginia state police, it is not appropriate to apply the provisions of state wage and hour laws
to them. Accordingly, members of the West Virginia state police
are excluded from the provisions of state wage and hour law. This
express exclusion shall not be construed as any indication that the
members were or were not covered by the wage and hour law prior to
this exclusion.
In lieu of any overtime pay they might otherwise have received
under the wage and hour law, and in addition to their salaries and
increases for length of service, members who have completed basic
training and who are exempt from federal Fair Labor Standards Act
guidelines may receive supplemental pay as provided in this
section.
The superintendent shall, within thirty days after the
effective date of this section, propose a legislative rule for
promulgation in accordance with article three, chapter
twenty-nine-a of this code to establish the number of hours per
month which constitute the standard work month for the members of
the West Virginia state police. The rule shall further establish,
on a graduated hourly basis, the criteria for receipt of a portion
or all of supplemental payment when hours are worked in excess of
the standard work month. The superintendent shall certify monthly
to the West Virginia state police's payroll officer the names of
those members who have worked in excess of the standard work month
and the amount of their entitlement to supplemental payment. The
supplemental payment may not exceed two hundred thirty-six dollars monthly. The superintendent and civilian employees of the West
Virginia state police are not eligible for any supplemental
payments.
(h) Each member of the West Virginia state police, except the
superintendent and civilian employees, shall execute, before
entering upon the discharge of his or her duties, a bond with
security in the sum of five thousand dollars payable to the state
of West Virginia, conditioned upon the faithful performance of his
or her duties, and the bond shall be approved as to form by the
attorney general and as to sufficiency by the governor.
(i) Any member of the West Virginia state police who is called
to perform active duty for training or inactive duty training in
the national guard or any reserve component of the armed forces of
the United States annually shall be granted, upon request, leave
time not to exceed thirty calendar days for the purpose of
performing the active duty for training or inactive duty training
and the time granted may not be deducted from any leave accumulated
as a member of the West Virginia state police.
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