ENGROSSED

Senate Bill No. 706

(By Senators Craigo, Anderson, Bailey, Bowman, Chafin, Edgell, Helmick, Jackson, Love, Plymale, Prezioso, Sharpe, Unger, Walker, Sprouse, Boley and Minear)

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[Originating in the Committee on Finance;

reported March 9, 1999.]

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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, relating to increasing salaries of members of the West Virginia state police.

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 to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
ยง15-2-5. 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 is authorized to 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) Members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)


SUPERVISORY AND NONSUPERVISORY RANKS


Cadet During Training$1,684 Mo.$20,208
Cadet Trooper After Training 1,799 Mo. 21,588
Trooper Second Year 21,984
Trooper Third Year 22,308
Trooper Fourth & Fifth Year 22,560
Senior Trooper 24,360
Trooper First Class 26,160
Corporal 27,960
Sergeant 31,560
First Sergeant 33,360
Second Lieutenant 35,160
First Lieutenant 36,960
Captain 38,760
Major 40,560
Lieutenant Colonel 42,360
ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION

SUPPORT SPECIALIST CLASSIFICATION

I22,560
II24,360
III26,160
IV27,960
V31,560
VI33,360
VII35,160
VIII36,960
ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I22,560
II24,360
III26,160
IV27,960
V31,560
VI33,360
VII35,160
ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training$1,747 Mo.$20,964
Cadet Trooper After Training 2,150 Mo. 25,800
Trooper Second Year 26,256
Trooper Third Year 26,628
Trooper Fourth & Fifth Year 26,928
Senior Trooper 29,016
Trooper First Class 31,104
Corporal 33,192
Sergeant 37,368
First Sergeant 39,456
Second Lieutenant 41,544
First Lieutenant 43,632
Captain 45,720
Major 47,808
Lieutenant Colonel 49,896
ANNUAL SALARY SCHEDULE (BASE PAY)


ADMINISTRATION


SUPPORT SPECIALIST CLASSIFICATION

I 26,928
II 29,016
III 31,104
IV 33,192
V 37,368
VI 39,456
VII 41,544
VIII 43,632
ANNUAL SALARY SCHEDULE (BASE PAY)


CRIMINALIST CLASSIFICATION

I 26,928
II 29,016
III 31,104
IV 33,192
V 37,368
VI 39,456
VII 41,544
(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 three 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 such salaries as 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 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 the active duty for 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.
(j) Beginning on the first day of July, one thousand nine hundred ninety-eight ninety-nine, and continuing thereafter, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training$1,747 Mo.$20,964
Cadet Trooper After Training 2,150 Mo. 25,800
Trooper Second Year 26,256
Trooper Third Year 26,628
Trooper Fourth & Fifth Year 26,928
Senior Trooper 29,016
Trooper First Class 31,104
Corporal 33,192
Sergeant 37,368
First Sergeant 39,456
Second Lieutenant 41,544
First Lieutenant 43,632
Captain 45,720
Major 47,808
Lieutenant Colonel 49,896
AMENDED ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION

SUPPORT SPECIALIST CLASSIFICATION

I 26,928
II 29,016
III 31,104
IV 33,192
V 37,368
VI 39,456
VII 41,544
VIII 43,632
AMENDED ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I 26,928
II 29,016
III 31,104
IV 33,192
V 37,368
VI 39,456
VII 41,544
AMENDED ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training$1,810 Mo.$21,720
Cadet Trooper After Training 2,213 Mo. 26,556
Trooper Second Year 27,012
Trooper Third Year 27,384
Trooper Fourth & Fifth Year 27,684
Senior Trooper 29,772
Trooper First Class 31,860
Corporal 33,948
Sergeant 38,124
First Sergeant 40,212
Second Lieutenant 42,300
First Lieutenant 44,388
Captain 46,476
Major 48,564
Lieutenant Colonel 50,652
AMENDED ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION

SUPPORT SPECIALIST CLASSIFICATION

I 27,684
II 29,772
III 31,860
IV 33,948
V 38,124
VI 40,212
VII 42,300
VIII 44,388
AMENDED ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I 27,684
II 29,772
III 31,860
IV 33,948
V 38,124
VI 40,212
VII 42,300
Each member of the West Virginia state police whose salary is fixed and specified in the amended annual salary schedules is entitled to the length of service increases set forth in subsection (f) of this section and supplemental pay as provided in subsection (g) of this section.