Senate Bill No. 389
(By Senators Unger, Beach, Kessler (Mr. President), Plymale, Williams, Klempa and Jenkins)
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[Introduced January 23, 2012; referred to the Committee on Government Organization; and then to the Committee on Finance.]
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A BILL to amend and reenact §15-2-3 and §15-2-5 of the Code of West Virginia, 1931, as amended, all relating to maintaining a minimum of eight hundred state troopers by July 1, 2016; and increasing the salary increase received at the end of two years of service with the West Virginia State Police to $580.
Be it enacted by the Legislature of West Virginia:
That §15-2-3 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.
§15-2-3. State police structure; how established.
(a) The superintendent shall create, appoint and equip the State Police which shall consist of the number of troops, districts and detachments required for the proper administration of the State Police. Each troop, district or detachment shall be composed of the number of officers and members the superintendent determines are necessary to meet operational needs and are required for the efficient operation of the State Police.
(b) Notwithstanding the provisions of any other section of this code and pursuant to amendments made to this section during the 2012 regular session of the Legislature, the superintendent shall implement a program to increase the number of state troopers in the state to attain and maintain a minimum number of eight hundred state troopers by July 1, 2016.
(c) 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. The superintendent shall provide adequate facilities for the training of all members of the State Police and shall prescribe basic training 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 State Police. The superintendent shall hold training classes for other peace officers in the state without cost to those officers, except actual expenses for food, lodging and school supplies.
§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: 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-VIII; 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 July 1, 2008, through June 30, 2011, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training. . . . . . . . . . . .$ 2,752 Mo. $ 33,024
Cadet Trooper After Training. . . . . . . . .3,357.33 Mo. 40,288
Trooper Second Year. . . . . . . . . . . . . . . . . . . . 41,296
Trooper Third Year. . . . . . . . . . . . . . . . . . . . 41,679
Senior Trooper. . . . . . . . . . . . . . . . . . . . . . .42,078
Trooper First Class. . . . . . . . . . . . . . . . . . . . 42,684
Corporal. . . . . . . . . . . . . . . . . . . . . . . . . 43,290
Sergeant. . . . . . . . . . . . . . . . . . . . . . . . . 47,591
First Sergeant. . . . . . . . . . . . . . . . . . . . . . .49,742
Second Lieutenant. . . . . . . . . . . . . . . . . . . . .51,892
First Lieutenant. . . . . . . . . . . . . . . . . . . . . .54,043
Captain. . . . . . . . . . . . . . . . . . . . . . . . . .56,194
Major. . . . . . . . . . . . . . . . . . . . . . . . . . . 58,344
Lieutenant Colonel. . . . . . . . . . . . . . . . . . . . 60,495
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,679
II . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42,078
III. . . . . . . . . . . . . . . . . . . . . . . . . . . . 42,684
IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43,290
V. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47,591
VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49,742
VII. . . . . . . . . . . . . . . . . . . . . . . . . . . . 51,892
VIII . . . . . . . . . . . . . . . . . . . . . . . . . . . 54,043
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,679
II . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42,078
III. . . . . . . . . . . . . . . . . . . . . . . . . . . . 42,684
IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43,290
V. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47,591
VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49,742
VII. . . . . . . . . . . . . . . . . . . . . . . . . . . . 51,892
VIII . . . . . . . . . . . . . . . . . . . . . . . . . . . 54,043
Beginning on July 1, 2011, 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 Trooper After Training. . . . . . . . .$ 3,438 Mo. $ 41,258
Trooper Second Year. . . . . . . . . . . . . . . . . . . . 42,266
Trooper Third Year. . . . . . . . . . . . . . . . . . . . 42,649
Senior Trooper. . . . . . . . . . . . . . . . . . . . . . .43,048
Trooper First Class. . . . . . . . . . . . . . . . . . . . 43,654
Corporal. . . . . . . . . . . . . . . . . . . . . . . . . 44,260
Sergeant. . . . . . . . . . . . . . . . . . . . . . . . . 48,561
First Sergeant. . . . . . . . . . . . . . . . . . . . . . .50,712
Second Lieutenant. . . . . . . . . . . . . . . . . . . . .52,862
First Lieutenant. . . . . . . . . . . . . . . . . . . . . .55,013
Captain. . . . . . . . . . . . . . . . . . . . . . . . . .57,164
Major. . . . . . . . . . . . . . . . . . . . . . . . . . . 59,314
Lieutenant Colonel. . . . . . . . . . . . . . . . . . . . 61,465
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42,266
II . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43,048
III. . . . . . . . . . . . . . . . . . . . . . . . . . . . 43,654
IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44,260
V. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48,561
VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50,712
VII. . . . . . . . . . . . . . . . . . . . . . . . . . . . 52,862
VIII . . . . . . . . . . . . . . . . . . . . . . . . . . . 55,013
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42,266
II. . . . . . . . . . . . . . . . . . . . . . . . . . . . .43,048
III. . . . . . . . . . . . . . . . . . . . . . . . . . . . 43,654
IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44,260
V. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48,561
VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50,712
VII. . . . . . . . . . . . . . . . . . . . . . . . . . . . 52,862
VIII . . . . . . . . . . . . . . . . . . . . . . . . . . . 55,013
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 beginning of the first year 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 $580 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 $236 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 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 provide for an increase and establish a minimum number of troopers to provide basic law enforcement services. The bill further provides that members of the West Virginia State Police shall receive a $580 salary increase at the beginning of service.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.