ENGROSSED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 215
(By Senators Buckalew, Snyder, Dugan, Sprouse, Ross, Dittmar,
Hunter, Bowman, Love, Ball, Boley, Deem, White, Fanning, Scott,
Anderson, Walker, Kessler, Kimble, Chafin, Jackson, Sharpe,
Helmick, Oliverio, Craigo, Prezioso, Schoonover, Minear, McKenzie,
Wooton and Tomblin, Mr. President)
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[Originating in the Committee on Finance;
reported February 26, 1998.]
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A BILL to amend and reenact sections three and four, article two,
chapter fifteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all relating to the
structure of the state police; authorizing the superintendent
to establish organizational structure by interpretive rule;
providing that members assigned to the forensic laboratory
hold the title of trooper and are classified as criminalists;
increasing the number of principal supervisors who may be
appointed by the state police superintendent from eleven to fifteen; and providing for career progression for state police
holding a temporary appointment.
Be it enacted by the Legislature of West Virginia:
That sections three and four, article two, chapter fifteen of
the code of West Virginia, one thousand nine hundred thirty-one, 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.
(a) The superintendent shall create, appoint and equip
a
department of public safety, the state police which shall consist
of the number of
companies troops, districts and detachments
as are
required for the proper administration of the
department state
police. Each
company troop, district or detachment shall be
composed of the number of officers and members
that the
superintendent determines are
necessary to meet operational needs
and required for the efficient operation of the
department 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.
(b) The superintendent shall provide adequate facilities for
the training of all members of the
department state police and
shall prescribe
a basic training
course 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
department state police. The superintendent shall hold training
classes for other peace officers in the state without cost to
such
those officers, except actual expenses for food, lodging and school
supplies.
§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
department 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
department state police, the
number of other officers and members he
deems or she considers
necessary to operate and maintain the executive offices, training
school
, scientific 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
department shall be
state police are colonel, lieutenant colonel, major, captain, first
lieutenant, second lieutenant, first sergeant, sergeant, corporal,
trooper first class, senior trooper,
or trooper
and cadet trooper.
Each
such member while in uniform shall wear the insignia of rank
as provided by law and
departmental regulations 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.
(c) The superintendent may appoint from the membership of the
department eleven state police fifteen 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.
Such The appointments
shall be are exempt from
any eligibility requirements established by the career progression
system. Any person appointed to a temporary rank under the
provisions of this article
shall retain his permanent rank or
classification and shall remain remains eligible for promotion or
reclassification
under the provisions of the career progression
system if his
or her permanent rank is below that of
captain first
lieutenant. Upon the termination of a temporary appointment by the
superintendent, the member
shall remains eligible for subsequent
appointment to a temporary rank and may not be
entitled to the full
rights and privileges of reduced to a rank or classification below
his
or her permanent rank or classification
, unless the reduction
results from disciplinary action. and shall remain eligible for
subsequent appointment to a temporary rank.
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