COMMITTEE SUBSTITUTE

FOR

H. B. 4016

(By Delegates Martin and Michael)

(Originating in the Committee on Finance)

[February , 1998]




A BILL to amend and reenact sections three and four, article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the structure of the state police; increasing the number of principal supervisors who may be appointed by the state police superintendent from eleven to fifteen.

Be it enacted by the Legislature of West Virginia:
That sections three and four, 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.
§15-2-3. State police structure; how established.
The superintendent shall create, appoint and equip a department of public safety the state police which shall consist of the number of companies troops, districts and detachments as are required for the proper administration of the department. Each company 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 department. 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 department and shall prescribe a basic training course requirements for newly enlisted members. He shall also provide advanced or in-service training from time to time for all members of the department. The superintendent shall hold training classes for other peace officers in the State without cost to such officers, except actual expenses for food, lodging and school supplies.
§15-2-4. Appointment of commissioned officers, noncommissioned officers, other members; temporary and permanent positions.

The superintendent shall appoint, from the enlisted membership of the department, a deputy superintendent who shall hold the rank of lieutenant colonel and be next in authority to the superintendent. The superintendent shall appoint, from the enlisted membership of the department, the number of other officers and members he or she deems necessary to operate and maintain the executive offices, training school, scientific and forensic laboratory; and to keep records relating to crimes and criminals, coordinate traffic safety activities, maintain a system of supplies and accounting and perform other necessary services.
The ranks within the membership of the department shall be colonel, lieutenant colonel, major, captain, first lieutenant, second lieutenant, first sergeant, sergeant, corporal, trooper first class, senior trooper, or trooper or cadet trooper . Each such member while in uniform shall wear the insignia of rank as provided by law and written departmental regulations policies. Members assigned to the forensic laboratory shall hold the title of trooper, be classified as criminalists and wear the insignia of classification as provided by written departmental policies.
The superintendent may appoint from the membership of the department eleven fifteen principal supervisors who shall receive the compensation and hold the temporary rank of lieutenant colonel, major or captain at the will and pleasure of the superintendent. Such Appointments shall be are exempt from any eligibility requirements established by the career progression system. Any person appointed to a temporary rank under the provisions of this article shall retain his permanent rank or classification and shall remain remains eligible for promotion or reclassification under the provisions of the career progression system if his or her permanent rank is below that of captain first lieutenant. Upon the termination of a temporary appointment by the superintendent, the member shall may not be entitled to the full rights and privileges of reduced to a rank or classification below his or her permanent rank or classification, unless the reduction results from disciplinary action, , and shall remain remains eligible for subsequent appointment to a temporary rank.

Note: The purpose of this bill is to provide for state police structure and changing references from Department of public Safety to State Police. It also provides that members assigned to the forensic laboratory hold title of trooper and be classified as criminalists. Procedure for appointments and classification is covered.

Strike-through indicate language that would be stricken from present law, and underscoring indicates new language that would be added.