Introduced Version
House Bill 2147 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2147
(By Delegates Caputo, Canterbury, Hamilton, Boggs,
Perdue, P. Smith, D. Poling and Manypenny)
[Introduced February 13, 2013; referred to the
Committee on Finance.]
A BILL to amend and reenact §15-2-3 and §15-2-5 of the Code of West
Virginia, 1931, as amended, all relating to maintaining a
minimum of eight hundred state troopers by July 1, 2017; and
increasing the salary increase received at the end of two
years of service with the West Virginia State Police from $400
to $580.
Be it enacted by the Legislature of West Virginia:
That §15-2-3 and §15-2-5 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-3. State Police structure; how established; minimum number
of troopers; training; special revenue account.
(a) The superintendent shall create, appoint and equip the
State Police which shall consist of the number of troops, districts
and detachments required for the proper administration of the State
Police. Each troop, district or detachment shall be composed of the number of officers and members the superintendent determines
are necessary to meet operational needs and are required for the
efficient operation of the State Police. The superintendent shall
establish the general organizational structure of the State Police
by interpretive rule in accordance with the provisions of article
three, chapter twenty-nine-a of this code. The superintendent
shall provide adequate facilities for the training of all members
of the State Police and shall prescribe basic training requirements
for newly enlisted members. He or she shall also provide advanced
or in-service training from time to time for all members of the
State Police. The superintendent shall hold entry-level training
classes for other law-enforcement officers in the state without
cost to those officers, except actual expenses for food, lodging
and school supplies. The superintendent may hold advanced levels
of training classes for other law-enforcement officers in the state
for a reasonable daily fee per student not to exceed $100.
(b) Notwithstanding any other provision of this code to the
contrary and pursuant to amendments made to this section during the
2013 regular session of the Legislature, the superintendent shall
implement a program to increase the number of state troopers in the
state to attain and maintain a minimum number of eight hundred
state troopers by July 1, 2017.
_____(b) (c) There is hereby created in the State Treasury a
special revenue account, which shall be an interest bearing account, to be known as the Academy Training and Professional
Development Fund. The special revenue account shall consist of
training fees, any appropriations that may be made by the
Legislature, income from the investment of moneys held in the
special revenue account and all other sums available for deposit to
the special revenue account from any source, public or private. No
expenditures for purposes of this section are authorized from
collections except in accordance with the provisions of article
three, chapter twelve of this code and upon fulfillment of the
provisions set forth in article two, chapter eleven-b of this code.
Any balance remaining in the special revenue account at the end of
any state fiscal year does not revert to the General Revenue Fund
but remains in the special revenue account and shall be used solely
in a manner consistent with this article. The superintendent is
authorized to expend funds from the account to offset operational
and training costs; for building maintenance and repair, for
purchases and for equipment repair or replacement for the West
Virginia State Police Academy; and to defray necessary expenses
incidental to those and other activities associated with
law-enforcement training.
§15-2-5. Career progression system; salaries; exclusion from wages
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-VIII; 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 July 1, 2008, through June 30, 2011, members
shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training $ 2,752.00 Mo. $ 33,024
Cadet Trooper After Training 3,357.33 Mo. 40,288
Trooper Second Year 41,296
Trooper Third Year 41,679
Senior Trooper 42,078
Trooper First Class 42,684
Corporal 43,290
Sergeant 47,591
First Sergeant 49,742
Second Lieutenant 51,892
First Lieutenant 54,043
Captain 56,194
Major 58,344
Lieutenant Colonel 60,495
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION
I $ 41,679
II 42,078
III 42,684
IV 43,290
V 47,591
VI 49,742
VII 51,892
VIII 54,043
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I $ 41,679
II 42,078
III 42,684
IV 43,290
V 47,591
VI 49,742
VII 51,892
VIII 54,043
Beginning on July 1, 2011, and continuing thereafter, members
shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training $ 2,833 Mo. $ 33,994
Cadet Trooper After Training $ 3,438 Mo. $ 41,258
Trooper Second Year 42,266
Trooper Third Year 42,649
Senior Trooper 43,048
Trooper First Class 43,654
Corporal 44,260
Sergeant 48,561
First Sergeant 50,712
Second Lieutenant 52,862
First Lieutenant 55,013
Captain 57,164
Major 59,314
Lieutenant Colonel 61,465
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION
I 42,266
II 43,048
III 43,654
IV 44,260
V 48,561
VI 50,712
VII 52,862
VIII 55,013
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I 42,266
II 43,048
III 43,654
IV 44,260
V 48,561
VI 50,712
VII 52,862
VIII 55,013
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 (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 two years of service with the West
Virginia State Police, the member shall receive a salary increase
of $400
$580
to be effective during his or her next year of service
and a like increase at yearly 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 authority of the superintendent to propose a legislative
rule or amendment thereto 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 is hereby
continued. 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 $400 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 $5,000 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) In consideration for compensation paid by the West
Virginia State Police to its members during those members'
participation in the West Virginia State Police Cadet Training
Program pursuant to section eight, article twenty-nine, chapter
thirty of this code, the West Virginia State Police may require of
its members by written agreement entered into with each of them in
advance of such participation in the program that, if a member
should voluntarily discontinue employment any time within one year
immediately following completion of the training program, he or she
shall be obligated to pay to the West Virginia State Police a pro
rata portion of such compensation equal to that part of such year
which the member has chosen not to remain in the employ of the West Virginia State Police.
(j) Any member of the West Virginia State Police who is called
to perform active duty 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 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.
NOTE:
The purpose of this bill is to provide for an increase
and establish a minimum number of troopers to provide basic law-
enforcement services. The bill further
provides that the salary
increase at the end of two years of service for members of the West
Virginia State Police will increase from $400 to $580.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.