COMMITTEE SUBSTITUTE
FOR
H. B. 413
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
(Originating in the Committee on Finance)
[September 9, 2005]
A BILL to amend and reenact §15-2-5
of the Code of West Virginia,
1931, as amended, relating to providing an increase in the
annual base salary of all sworn state police personnel.
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 wage
and hour law, with supplemental payment; legislative
rule; 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 November, two thousand
two five, and continuing thereafter, members shall receive annual
salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
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
Corporal37,508
Sergeant41,684
First Sergeant43,772
Second Lieutenant45,860
First Lieutenant47,948
Captain50,036
Major52,124
Lieutenant Colonel54,212
Cadet During Training$2,218.50 Mo.$26,622
Cadet Trooper After Training2,621.50 Mo.31,458
Trooper Second Year31,922
Trooper Third Year32,294
Trooper Fourth & Fifth Year32,594
Senior Trooper34,682
Trooper First Class36,770
Corporal38,858
Sergeant43,034
First Sergeant45,122
Second Lieutenant47,210
First Lieutenant49,298
Captain51,386
Major53,474
Lieutenant Colonel55,562
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I31,244
II33,332
III35,420
IV37,508
V41,684
VI43,772
VII45,860
VIII47,948
I32,594
II34,682
III36,770
IV38,858
V43,034
VI45,122
VII47,210
VIII49,298
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I31,244
II33,332
III35,420
IV37,508
V41,684
VI43,772
VII45,860
I32,594
II34,682
III36,770
IV38,858
V43,044
VI45,122
VII47,210
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 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
authority of the Superintendent
shall, within thirty days
after the effective date of this section, 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) 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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