COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 120

____________

(By Senators Bailey, Lucht, Withers, Wagner and Dalton)


[Originating in the Committee on Education;

Reported February 3, 1994]


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; to amend and reenact section four, article six, chapter eighteen of said code, and to further amend said article by adding thereto a new section, designated section eleven, all relating to improving delivery of motor vehicles driving tests to the public by increasing the salaries of the members of the division of public safety and authorizing drivers testing by drivers education teachers to administer tests for driver's licenses.

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; that section four, article six, chapter eighteen of said code be amended and reenacted, and that said article be further amended by adding thereto a new section designated section eleven, all to read as follows:
ARTICLE 2. DIVISION OF PUBLIC SAFETY.

§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.

The superintendent shall establish within the department of public safety 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.
The superintendent shall, only in the initial implementation of this section, reclassify nonsupervisory members without benefit or requirement of a promotional or reclassification system as long as those reclassified meet the longevity requirements for advancement as follows: Trooper - less than three years; senior trooper - three years to eight years; trooper first class - nine years to fourteen years; corporal - more than fourteen years.
The superintendent is authorized to promulgate legislative rules in accordance with chapter twenty-nine-a of this code for the purpose of ensuring consistency, practicability and independent review of any system developed under the provisions of this section.
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.
Members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training$1,600 Mo.$1,684 Mo.$19,200$20,208
Cadet Trooper After
Training 1,715 Mo. 1,799 Mo. 20,580 21,588
Trooper Second Year 20,976 21,984
Trooper Third Year 21,300 22,308
Trooper Fourth & Fifth Year 21,552 22,560
Senior Trooper 23,352 24,360
Trooper First Class 25,152 26,160
Corporal 26,952 27,960
Sergeant 30,552 31,560
First Sergeant 32,352 33,360
Second Lieutenant 34,152 35,160
First Lieutenant 35,952 36,960
Captain 37,752 38,760
Major 39,552 40,560
Lieutenant Colonel 41,352 42,360
ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION

SUPPORT SPECIALIST CLASSIFICATION

I21,55222,560
II23,35224,360
III25,15226,160
IV26,95227,960
V30,55231,560
VI32,35233,360
VII34,15235,160
VIII35,95236,960
ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I21,55222,560
II23,35224,360
III25,15226,160
IV26,95227,960
V30,55231,560
VI32,35233,360
VII34,15235,160
Each member of the department whose salary is fixed and specified herein shall receive and be entitled to an increase in salary over that hereinbefore set forth, for grade in rank, based on length of service, including that heretofore and hereafter served with the department as follows: At the end of five years of service with the department, such member shall receive a salary increase of three hundred dollars to be effective during his next three years of service and a like increase at three-yearintervals thereafter, with such increases to be cumulative.
In applying the foregoing salary schedule where salary increases are provided for length of service, members of the department in service at the time this article becomes effective shall be given credit for prior service and shall be paid such salaries as the same length of service will entitle them to receive under the provisions hereof.
The Legislature finds and declares that because of the unique duties of members of the department, it is not appropriate to apply the provisions of state wage and hour laws to them. Accordingly, members of the department of public safety are hereby excluded from the provisions of state wage and hour law. The express exclusion hereby enacted shall not be construed as any indication that such members were or were not heretofore covered by said wage and hour law.
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 hereinafter provided.
The superintendent shall, within thirty days after the effective date hereof, promulgate a rule to establish the number of hours per month which shall constitute the standard work month for the members of the department. The rule shall further establish, on a graduated hourly basis, the criteria for receipt of a portion or all of such supplemental payment when hours areworked in excess of said standard work month. The rule shall be promulgated pursuant to the provisions of chapter twenty-nine-a of this code. The superintendent shall certify monthly to the department'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 shall not exceed two hundred thirty-six dollars monthly. The superintendent and civilian employees of the department shall not be eligible for any such supplemental payments.
Each member of the department, except the superintendent and civilian employees, shall execute, before entering upon the discharge of his 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 such bond shall be approved as to form by the attorney general and to sufficiency by the governor.
Any member of the department 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 such active duty for training or inactive duty training, and the time so granted shall not be deducted from any leave accumulated as a member of the department.
CHAPTER 18. EDUCATION.

ARTICLE 6. DRIVER EDUCATION.

§18-6-4. Rules and regulations.

In accordance with chapter twenty-nine-a of this code, the state board shall, with the advice of the state superintendent, the commissioner of the Department of Motor Vehicles and the superintendent of the department division of public safety, adopt rules and regulations governing the establishment, conduct and scope of driver education for use in the public, private, parochial and denominational secondary schools located within this state, subject to the requirements and exceptions set forth in this article. The rules shall govern the implementation of authorization of drivers education teachers to give tests for drivers licenses and shall include provision for the inservice training of drivers education teachers by the division of Public Safety to administer drivers license tests: Provided, That in recognition of the teachers' prior training, additional training requirements will be limited to that necessary to prepare the teachers to administer the tests.
§18-6-11 Teachers authorized to administer drivers' license tests; fees; inclusion in curriculum authorized; certain tests excluded; penalties applicable.

Drivers education teachers who have on file with the Commissioner of motor vehicles evidence of teacher certification and successful completion of training to administer drivers license tests shall be authorized to administer, on the teachers' own time and at facilities provided by the drivers education teachers , but not on school property, tests for the issuance of operator and junior operator licenses as provided for in sectionseven, article two, chapter seventeen-b of this code, at a cost of two dollars for each written test and five dollars for each practical test to be paid by the test taker to the teacher: Provided, that the teachers may administer, during the time school is in session and using school facilities, tests for the issuance of operator licenses as provided in section seven, article two, chapter seventeen-b of this code, to students enrolled in a regularly scheduled school drivers education class, with no extra fee being charged to the student. County school boards are authorized to include at the board's discretion drivers license tests, administered by drivers' education teachers, in the curriculum of drivers education classes. Expressly excluded from this authorization is the testing for commercial drivers licenses, motor cycle operators licenses and low vision testing. Individuals who are certified by drivers education teachers as having passed the required test will pay the required fees to the Division of Public Safety and will receive their licenses from the Division. The school shall not incur liability for negligent actions of a drivers education teacher administering a drivers license test unless the teacher is testing a student enrolled in a regularly scheduled school drivers education class during school time.
Drivers education teachers shall be subject to penalties imposed by Section Two, Article Four, Chapter Seventeen-B of the Code, and section six, article two-e, chapter eighteen of the code.