ENGROSSED
Senate Bill No. 1001
(By Senator Craigo)
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[Introduced March 19, 2000.]
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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 providing a
seven hundred fifty-six dollar salary increase for 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.
§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.
(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$1,747 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-nine, and continuing thereafter, members shall
receive annual salaries as follows:
AMENDED ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training$1,913 Mo. $22,964
Cadet Trooper After Training 2,316 Mo. 27,800
Trooper Second Year 28,256
Trooper Third Year 28,628
Trooper Fourth & Fifth Year 28,928
Senior Trooper 31,016
Trooper First Class 33,104
Corporal 35,192
Sergeant 39,368
First Sergeant 41,456
Second Lieutenant 43,544
First Lieutenant 45,632
Captain 47,720
Major 49,808
Lieutenant Colonel 51,896
AMENDED ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION
SUPPORT SPECIALIST CLASSIFICATION
I 28,928
II 31,016
III 33,104
IV 35,192
V 39,368
VI 41,456
VII 43,544
VIII 45,632
AMENDED ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I 28,928
II 31,016
III 33,104
IV 35,192
V 39,368
VI 41,456
VII 43,544
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.
(k) Beginning on the first day of July, two thousand, and
continuing thereafter, members shall receive annual salaries as
follows:
AMENDED ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training$1,976 Mo. $23,720
Cadet Trooper After Training 2,379 Mo. 28,556
Trooper Second Year 29,012
Trooper Third Year 29,384
Trooper Fourth & Fifth Year 29,684
Senior Trooper 31,772
Trooper First Class 33,860
Corporal 35,948
Sergeant 40,124
First Sergeant 42,212
Second Lieutenant 44,300
First Lieutenant 46,388
Captain 48,476
Major 50,564
Lieutenant Colonel 52,652
AMENDED ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION
SUPPORT SPECIALIST CLASSIFICATION
I 29,684
II 31,772
III 33,860
IV 35,948
V 40,124
VI 42,212
VII 44,300
VIII 46,388
AMENDED ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I 29,684
II 31,772
III 33,860
IV 35,948
V 40,124
VI 42,212
VII 44,300
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.