ENROLLED
Senate Bill No. 503
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Passed March 11, 2006; to take effect July 1, 2006.]
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AN ACT to amend and reenact §15-2-4 and §15-2-5 of the Code of West
Virginia, 1931, as amended, relating to the appointment,
temporary promotion and compensation of the membership of the
West Virginia State Police; providing for the temporary
promotion from the membership of the executive protection
section of the West Virginia State Police; providing annual
salary schedules and adjusting annual experience increment pay
for the West Virginia State Police; and authorizing recovery
of compensation from certain members.
Be it enacted by the Legislature of West Virginia:
That §15-2-4 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.
§15-2-4. Appointment of commissioned officers, noncommissioned
officers, other members; temporary and permanent positions.
(a) The superintendent shall appoint, from the enlisted membership of the State Police, a deputy superintendent who shall
hold the rank of lieutenant colonel and be next in authority to the
superintendent. The superintendent shall appoint, from the
enlisted membership of the State Police, the number of other
officers and members he or she considers necessary to operate and
maintain the executive offices, training school and forensic
laboratory; and to keep records relating to crimes and criminals,
coordinate traffic safety activities, maintain a system of supplies
and accounting and perform other necessary services.
(b) The ranks within the membership of the State Police shall
be colonel, lieutenant colonel, major, captain, first lieutenant,
second lieutenant, first sergeant, sergeant, corporal, trooper
first class, senior trooper, trooper or cadet trooper. Each member
while in uniform shall wear the insignia of rank as provided by law
and written State Police policies. Members assigned to the
forensic laboratory shall hold the title of trooper, be classified
as criminalists and wear the insignia of classification as provided
by written State Police policies.
The superintendent may appoint from the membership of the
State Police seventeen principal supervisors who shall receive the
compensation and hold the temporary rank of lieutenant colonel,
major or captain at the will and pleasure of the superintendent.
The superintendent may also appoint from the membership of the
executive protection section of the State Police two additional
supervisors who shall receive the compensation and hold the temporary rank of first lieutenant and serve at the will and
pleasure of the superintendent. Appointments are exempt from any
eligibility requirements established by the career progression
system: Provided, That any member appointed from within the
executive protection section of the State Police to the temporary
rank of first lieutenant must have completed a minimum of two years
service within the executive protection section prior to becoming
eligible for such appointment. Any person appointed to a temporary
rank under the provisions of this article remains eligible for
promotion or reclassification under the provisions of the career
progression system if his or her permanent rank is below that of
first lieutenant. Upon the termination of a temporary appointment
by the superintendent, the member may not be reduced to a rank or
classification below his or her permanent rank or classification,
unless the reduction results from disciplinary action, and remains
eligible for subsequent appointment to a temporary rank.
§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 November, two thousand five,
and continuing until and including the thirtieth day of June, two
thousand six, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training
$2,218.50 Mo.
$26,622
Cadet Trooper After Training
2,621.50 Mo.
31,458
Trooper Second Year
31,922
Trooper Third Year
32,294
Trooper Fourth & Fifth Year
32,594
Senior Trooper
34,682
Trooper First Class
36,770
Corporal
38,858
Sergeant
43,034
First Sergeant
45,122
Second Lieutenant
47,210
First Lieutenant
49,298
Captain
51,386
Major
53,474
Lieutenant Colonel
55,562
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I
$32,594
II
34,682
III
36,770
IV
38,858
V
43,034
VI
45,122
VII
47,210
VIII
49,298
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I
$32,594
II
34,682III
36,770
IV
38,858
V
43,044
VI
45,122
VII
47,210
VIII
49,298
Beginning on the first day of July, two thousand six, and
continuing until and including the thirtieth day of June, two
thousand seven, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training
$2,343.50 Mo.
$28,122
Cadet Trooper After Training
2,913.17 Mo.
34,958
Trooper Second Year
36,922
Trooper Third Year
37,294
Senior Trooper
37,682
Trooper First Class
38,270
Corporal
38,858
Sergeant
43,034
First Sergeant
45,122
Second Lieutenant
47,210
First Lieutenant
49,298
Captain
51,386
Major
53,474
Lieutenant Colonel
55,562
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I
$37,294
II
37,682
III
38,270
IV
38,858
V
43,034
VI
45,122
VII
47,210
VIII
49,298
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I
$37,294
II
37,682
III
38,270
IV
38,858
V
43,044
VI
45,122
VII
47,210
VIII
49,298
Beginning on the first day of July, two thousand seven, until and
including the thirtieth day of June, two thousand eight, members
shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training
$2,468.50 Mo.
$29,622
Cadet Trooper After Training
3,038.17 Mo.
36,458
Trooper Second Year
37,922
Trooper Third Year
38,294
Senior Trooper
38,682
Trooper First Class
39,270
Corporal
39,858
Sergeant
44,034
First Sergeant
46,122
Second Lieutenant
48,210
First Lieutenant
50,298
Captain
52,386
Major
54,474
Lieutenant Colonel
56,562
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I
$38,294
II
38,682
III
39,270
IV
39,858
V
44,034
VI
46,122
VII
48,210VIII
50,298
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I
$38,294
II
38,682
III
39,270
IV
39,858
V
44,044
VI
46,122
VII
48,210
VIII
50,298
Beginning on the first day of July, two thousand eight, and
continuing thereafter, members shall receive annual salaries as
follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet
During Training$2,593.50 Mo.$31,122
Cadet Trooper After Training3,163.17 Mo.37,958
Trooper Second Year38,922
Trooper Third Year39,294
Senior Trooper 39,682
Trooper First Class 40,270
Corporal 40,858
Sergeant 45,034
First Sergeant 47,122
Second Lieutenant 49,210
First Lieutenant 51,298
Captain 53,386
Major 55,474
Lieutenant Colonel 57,562
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I
$39,294
II
39,682
III
40,270
IV
40,858
V
45,034
VI
47,122
VII
49,210
VIII
51,298
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I
$39,294
II
39,682
III
40,270
IV
40,858
V
45,034
VI
47,122
VII
49,210
VIII
51,298
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 four hundred dollars 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 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) 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.
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