Introduced Version
House Bill 2075 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2075
(By Delegate Caputo)
[Introduced February 13, 2013; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact §15-2-5 of the Code of West
Virginia,1931, as amended, relating to increasing compensation
of membership of the West Virginia State Police.
Be it enacted by the Legislature of West Virginia:
That §15-2-5 of the Code of West Virginia, 1931, 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 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:
(1) The promotion of members to the supervisory ranks of
sergeant, first sergeant, second lieutenant and first lieutenant;
(2) The classification of nonsupervisory members within the
field operations force to the ranks of trooper, senior trooper,
trooper first class or corporal;
(3) The classification of members assigned to the forensic
laboratory as criminalist I-VIII; and
(4) 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, 2013, through June 30, 2011,
2014, 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 During Training$2,925.50 Mo. $35,106.00
Cadet Trooper After Training 3,357.33 Mo. 40,288
Cadet Trooper After Training______________________$3,513.17 Mo. $42,158.00
Trooper Second Year41,296 $43,122.00
Trooper Third Year41,679 $43,494.00
Senior Trooper42,078 $43,882.00
Trooper First Class42,684 $44,470.00
Corporal43,290 $45,058.00
Sergeant47,591 $49,234.00
First Sergeant49,742 $51,322.00
Second Lieutenant51,892 $53,410.00
First Lieutenant54,043 $55,498.00
Captain56,194 $57,586
Major58,44 $59,674.00
Lieutenant Colonel60,495 $59,762.00
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION
I$ 41,679 $43,494.00
II 42,078 $43,882.00
III42,684 $44,470.00
IV 43,290 $45,058.00
V47,591 $49,234.00
VI 49,742 $51,322.00
VII51,892 $53,410.00
VIII 54,043 $55,498.00
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I$ 41,679 $43,494.00
II 42,078 $43,882.00
III42,684 $44,470.00
IV 43,290 $45,058.00
V47,591 $49,234.00
VI 49,742 $51,322.00
VII 51,892 $53,410.00
VIII 54,043 $55,498
Beginning on July 1, 2011, 2014, 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 During Training_____________________________$3,425.50 Mo. $41,106.00
Cadet Trooper After Training $ 3,438 Mo. $ 41,258
Cadet Trooper After Training$4,013.17 Mo. $48,158.00
Trooper Second Year42,266 $49,122.00
Trooper Third Year42,649 $49,494.00
Senior Trooper43,048 $49,882.00
Trooper First Class43,654 $50,470.00
Corporal44,260 $51,058.00
Sergeant48,561 $55,234.00
First Sergeant50,712 $57,322.00
Second Lieutenant52,862 $59,410.00
First Lieutenant55,013 $61,498.00
Captain57,164 $63,586.00
Major59,314 $65,674.00
Lieutenant Colonel61,465 $65,762.00
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION
I42,266 $49,494.00
II 43,048 $49,882.00
III43,654 $50,470.00
IV 44,260 $51,058.00
V48,561 $55,234.00
VI 50,712 $57,322.00
VII52,862 $59,410.00
VIII55,013 $61,498.00
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I42,266 $49,494.00
II43,048 $49,882.00
III43,654 $50,470.00
IV44,260 $51,058.00
V48,561 $55,234.00
VI50,712 $57,322.00
VII 52,862 $59,410.00
VIII 55,013 $61,498.00
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 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 is not an
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 is 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 increase compensation for
members of the West Virginia State Police.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.