H. B. 4016
(By Delegates Martin and Michael)
(Originating in the Committee on Finance)
[February 20, 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
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,
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
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
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