Senate Bill No. 122
(By Senators Tomblin, Mr. President and Sprouse, By
Request of the Executive)
[Introduced February 15, 2001; referred to the
Committee on the Judiciary; and then to the Committee on
Finance.]
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 the
longevity pay of the 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 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 twelve 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 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.
NOTE: The purpose of this bill is to provide an increase in
longevity pay for the state police.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.