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.