ENGROSSED
Senate Bill No. 362
(By Senators Tomblin, Mr. President, and Buckalew,
By Request of the Executive)
____________
[Introduced February 2, 1998; referred to
the Committee on Finance.]
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A BILL to amend and reenact section five, article two, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to salaries of
members of the West Virginia state police.
Be it enacted by the Legislature of West Virginia:
That section five, article two, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one, 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; 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 is authorized to 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) Members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training$1,684 Mo.$20,208
Cadet Trooper After Training 1,799 Mo. 21,588
Trooper Second Year 21,984
Trooper Third Year 22,308
Trooper Fourth & Fifth Year 22,560
Senior Trooper 24,360
Trooper First Class 26,160
Corporal 27,960
Sergeant 31,560
First Sergeant 33,360
Second Lieutenant 35,160
First Lieutenant 36,960
Captain 38,760
Major 40,560
Lieutenant Colonel 42,360
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION
SUPPORT SPECIALIST CLASSIFICATION
I22,560
II24,360
III26,160
IV27,960
V31,560
VI33,360
VII35,160
VIII36,960
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I22,560
II24,360
III26,160
IV27,960
V31,560
VI33,360
VII35,160
(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 three 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 such salaries as 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 superintendent shall, within thirty days after the
effective date of this section, propose a legislative rule 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. 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 for 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 for 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.
(j) Beginning on the first day of July, one thousand nine
hundred
ninety-six ninety-eight, and continuing thereafter
members shall receive annual salaries as follows:
AMENDED ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training$
1,684 1,747 Mo.$
20,208 20,964
Cadet Trooper After Training
2,087 2,150 Mo.
25,044 25,800
Trooper Second Year
25,500 26,256
Trooper Third Year
25,872 26,628
Trooper Fourth & Fifth Year
26,172 26,928
Senior Trooper
28,260 29,016
Trooper First Class
30,348 31,104
Corporal
32,436 33,192
Sergeant
36,612 37,368
First Sergeant
38,700 39,456
Second Lieutenant
40,788 41,544
First Lieutenant
42,876 43,632
Captain
44,964 45,720
Major
47,052 47,808
Lieutenant Colonel
49,140 49,896
AMENDED ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION
SUPPORT SPECIALIST CLASSIFICATION
I
26,172 26,928
II
28,260 29,016
III
30,348 31,104
IV
32,436 33,192
V
36,612 37,368
VI
38,700 39,456
VII
40,788 41,544
VIII
42,876 43,632
AMENDED ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I
26,172 26,928
II
28,260 29,016
III
30,348 31,104
IV
32,436 33,192
V
36,612 37,368
VI
38,700 39,456
VII
40,788 41,544
Each member of the West Virginia state police whose salary
is fixed and specified in the amended annual salary schedules is
entitled to the length of service increases set forth in
subsection (f) of this section and supplemental pay as provided
in subsection (h) of this section.
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