COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 4012
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Originating in the Committee on Government Organization;
reported September 11, 2005.]
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A BILL to amend and reenact §15-2-5 of the Code of West Virginia,
1931, as amended; to amend and reenact §19-23-4 of said code;
and to amend and reenact §50-1-8 and §50-1-9 of said code, all
relating to increasing the salaries of State Police personnel;
codifying the salaries for members of the Racing Commission;
and increasing the salaries of magistrate clerks and
magistrate assistants.
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; that §19-23-4 of said code be amended and
reenacted; and that §50-1-8 and §50-1-9 of said code be amended and
reenacted, all to read as follows:
CHAPTER 15. PUBLIC SAFETY.
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 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.32,808
Trooper Second Year33,272
Trooper Third Year33,644
Trooper Fourth & Fifth Year33,944
Senior Trooper36,032
Trooper First Class38,120
Corporal40,208
Sergeant44,384
First Sergeant46,472
Second Lieutenant48,560
First Lieutenant50,648
Captain52,736
Major54,824
Lieutenant Colonel56,912
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 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 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.
CHAPTER 19. AGRICULTURE.
ARTICLE 23. HORSE AND DOG RACING.
§19-23-4. West Virginia Racing Commission continued as a public
corporation; composition; terms; vacancies;
qualifications, expenses of members; principal
office; meetings; election of officers; quorum;
inspection of records; annual report.
(a) The "West Virginia Racing Commission," is continued in
existence as a public corporation and, as such, may contract and be
contracted with, plead and be impleaded, sue and be sued and have
and use a common seal.
(b) The Racing Commission shall consist of three members, not
more than two of whom shall belong to the same political party, to
be appointed by the Governor by and with the advice and consent of
the Senate. The term of office for the members of the Racing Commission is four years, and until their successors have been
appointed and have qualified, and members of the Racing Commission
may serve any number of successive terms. The members of the
Racing Commission in office on the effective date of the amendment
and reenactment of this section in two thousand one shall, unless
removed by the Governor after the effective date of this article,
continue to serve until their terms expire and until their
successors have been appointed and have qualified. Any vacancy in
the office of a member of the Racing Commission shall be filled by
appointment by the Governor for the unexpired term of the member
whose office shall be vacant. No person is eligible for
appointment to or to serve upon the Racing Commission:
(1) Unless he or she is an actual and bona fide resident of
this state, shall have resided in this state for a period of at
least five years next preceding his or her appointment, shall be a
qualified voter of this state and be not less than twenty-five
years of age;
(2) Who directly or indirectly, or in any capacity, owns or
has any interest, in any manner whatever, in any racetrack where
horse or dog race meetings may be held, including, but not limited
to, an interest as owner, lessor, lessee, stockholder or employee;
(3) While serving as a member of the Legislature or as an
elective officer of this state; or
(4) Who has been or shall be convicted of an offense which,
under the law of this state or any other state or of the United
States of America, constitutes a felony, or is a violation of
article four, chapter sixty-one of this code.
(c)
Each member of the Racing Commission shall receive an
annual salary of twelve thousand dollars. Each member of the
Racing Commission shall be reimbursed for all reasonable and
necessary expenses actually incurred in the performance of his or
her duties as a member of the Racing Commission.
(d) The Racing Commission shall have its principal office at
the seat of government, and shall meet annually at its principal
office in the month of January, and at any other times and places
designated by its chairman. At the annual meeting the Racing
Commission shall elect from its membership a chairman and any other
officers that are desired. Other meetings of the Racing Commission
may be called by the chairman on such notice to the other members
prescribed by the Racing Commission.
(e) A majority of the members of the Racing Commission
constitute a quorum for the transaction of its business or the
exercise of any of its powers and authority. No person not a bona
fide member of the Racing Commission shall vote upon or participate
in the deliberations of the Racing Commission on any matter which
may come before it. All Racing Commission records, except as
otherwise provided by law, shall be open to public inspection
during regular office hours.
(f) As soon as possible after the close of each calendar year,
the Racing Commission shall submit to the Governor a report of the
transactions of the Racing Commission during the preceding calendar
year.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 1. COURTS AND OFFICERS.
§50-1-8. Magistrate court clerks; salaries; duties; duties of
circuit clerk.
(a) In each county having three or more magistrates the judge
of the circuit court or the chief judge of the circuit court, if
there is more than one judge of the circuit court, shall appoint a
magistrate court clerk. In all other counties the judge may
appoint a magistrate court clerk or may by rule require the duties
of the magistrate court clerk to be performed by the clerk of the
circuit court, in which event the circuit court clerk is entitled
to additional compensation in the amount of two thousand five
hundred dollars per year. The magistrate court clerk serves at the
will and pleasure of the circuit judge.
(b) Magistrate court clerks shall be paid a monthly salary by
the state. Magistrate court clerks serving magistrates who serve
less than eight thousand four hundred in population shall be paid
up to one thousand seven hundred forty-eight dollars per month and
magistrate court clerks serving magistrates who serve eight
thousand four hundred or more in population shall be paid up to two
thousand one hundred fifty-seven dollars per month: Provided, That
on and after Commencing the first day of January July, two thousand
two six, magistrate court clerks serving magistrates who serve less
than eight thousand four hundred in population shall be paid up to
one thousand nine hundred ninety-eight two thousand five hundred
forty five dollars per month and magistrate court clerks serving
magistrates who serve eight thousand four hundred or more in
population shall be paid up to two thousand four hundred seven two
thousand nine hundred fifty four dollars per month: Provided, however, That after the effective date of this section, any general
salary increase granted to all state employees, whose salaries are
not set by statute, expressed as a percentage increase or an
"across-the-board" increase, may also be granted to magistrate
court clerks. For the purpose of determining the population served
by each magistrate, the number of magistrates authorized for each
county shall be divided into the population of each county. The
salary of the magistrate court clerk shall be established by the
judge of the circuit court, or the chief judge of the circuit court
if there is more than one judge of the circuit court, within the
limits set forth in this section.
(c) In addition to other duties that may be imposed by the
provisions of this chapter or by the rules of the Supreme Court of
Appeals or the judge of the circuit court or the chief judge of the
circuit court if there is more than one judge of the circuit court,
it is the duty of the magistrate court clerk to establish and
maintain appropriate dockets and records in a centralized system
for the magistrate court, to assist in the preparation of the
reports required of the court and to carry out on behalf of the
magistrates or chief magistrate if a chief magistrate is appointed,
the administrative duties of the court.
(d) The magistrate court clerk, or if there is no magistrate
court clerk in the county, the clerk of the circuit court, may
issue all manner of civil process and require the enforcement of
subpoenas and subpoenas duces tecum in magistrate court.
§50-1-9. Magistrate assistants; salary; duties.
(a) In each county there shall be one magistrate assistant for each magistrate. Each magistrate assistant shall be appointed by
the magistrate under whose authority and supervision and at whose
will and pleasure he or she shall serve. The assistant shall not
be a member of the immediate family of any magistrate and shall not
have been convicted of a felony or any misdemeanor involving moral
turpitude and shall reside in the State of West Virginia. For the
purpose of this section, "immediate family" means the relationships
of mother, father, sister, brother, child or spouse.
(b) A magistrate assistant shall have the duties, clerical or
otherwise, assigned by the magistrate and prescribed by the rules
of the Supreme Court of Appeals or the judge of the circuit court
or the chief judge of the circuit court if there is more than one
judge of the circuit court. In addition to these duties,
magistrate assistants shall perform and are accountable to the
magistrate court clerks with respect to the following duties:
(1) The preparation of summons in civil actions;
(2) The assignment of civil actions to the various
magistrates;
(3) The collection of all costs, fees, fines, forfeitures and
penalties which are payable to the court;
(4) The submission of moneys, along with an accounting of the
moneys, to appropriate authorities as provided by law;
(5) The daily disposition of closed files which are to be
located in the magistrate clerk's office;
(6) All duties related to the gathering of information and
documents necessary for the preparation of administrative reports and documents required by the rules of the Supreme Court of Appeals
or the judge of the circuit court or the chief judge of the circuit
court if there is more than one judge of the circuit court;
(7) All duties relating to the notification, certification and
payment of jurors serving pursuant to the terms of this chapter;
(8) All other duties or responsibilities whereby the
magistrate assistant is accountable to the magistrate court clerk
as determined by the magistrate.
(c) Magistrate assistants shall be paid a monthly salary by
the state. Magistrate assistants serving magistrates who serve
less than eight thousand four hundred in population shall be paid
up to one thousand four hundred seventy-four dollars per month and
magistrate assistants serving magistrates who serve eight thousand
four hundred or more in population shall be paid up to one thousand
seven hundred thirty-two dollars per month: Provided, That on and
after Commencing the first day of January July, two thousand two
six, magistrate assistants serving magistrates who serve less than
eight thousand four hundred in population shall be paid up to one
thousand seven hundred twenty-four two thousand two hundred seventy
one dollars per month and magistrate assistants serving magistrates
who serve eight thousand four hundred or more in population shall
be paid up to one thousand nine hundred eighty-two two thousand
five hundred twenty nine dollars per month: Provided, however,
That after the effective date of this section, any general salary
increase granted to all state employees, whose salaries are not set
by statute, expressed as a percentage increase or an "across-
the-board" increase, may also be granted to magistrate assistants. For the purpose of determining the population served by each
magistrate, the number of magistrates authorized for each county
shall be divided into the population of each county. The salary of
the magistrate assistant shall be established by the magistrate
within the limits set forth in this section.
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