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Introduced Version House Bill 4371 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4371


(By Delegate Caputo)
[Introduced February 1, 2008; referred to the
Committee on Government Organization then Finance.]




A BILL to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to increasing compensation of membership of the West Virginia State Police.

Be it enacted by the Legislature of West Virginia:
That §15-2-5 of the Code of West Virginia, 1931, 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 wages 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 may 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) Beginning on the first day of November, two thousand five eight, and continuing until and including the thirtieth day of June, two thousand six nine, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training$2,218.50 Mo. $26,622 2,925.50 Mo. 35,106
Cadet Trooper After
Training2,621.50 Mo 31,458 3,513.17 Mo. 42,158
Trooper Second Year 31,922 43,122
Trooper Third Year 32,294 43,494
Trooper Fourth & Fifth Year 32,594
Senior Trooper 34,682 43,882
Trooper First Class 36,770 44,470
Corporal 38,858 45,058
Sergeant 43,034 49,234
First Sergeant 45,122 51,322
Second Lieutenant 47,210 53,410
First Lieutenant 49,298 55,498
Captain 51,386 57,586
Major 53,474 59,674
Lieutenant Colonel 55,562 59,762
ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT

SPECIALIST CLASSIFICATION

I$32,594 43,494
II 34,682 43,882
III36,770 44,470
IV 38,858 45,058
V43,034 49,234
VI 45,122 51,322
VII47,210 53,410
VIII 49,298 55,498
ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I$32,594 43,494
II 34,682 43,882

III36,770 44,470
IV 38,858 45,058

V43,044 49,234
VI 45,122 51,322

VII47,210 53,410
VIII 49,298 55,498

Beginning on the first day of July, two thousand six nine, and continuing until and including the thirtieth day of June, two thousand seven ten, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training$2,343.50 Mo. $28,122 3,092.17 Mo. 37,106
Cadet Trooper After
Training 2,913.17 Mo. 34,958 3,679.83 Mo. 44,158
Trooper Second Year36,922 45,122
Trooper Third Year37,294 45,494
Senior Trooper37,682 45,882
Trooper First Class38,270 46,470
Corporal38,858 47,058
Sergeant 43,034 51,234
First Sergeant45,122 53,332
Second Lieutenant47,210 55,410
First Lieutenant49,298 57,498
Captain51,386 59,586
Major 53,474 61,674
Lieutenant Colonel55,562 61,762
ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT

SPECIALIST CLASSIFICATION

I$37,294 45,494
II 37,682 45,882
III38,270 46,470
IV 38,858 47,058
V43,034 51,234
VI 45,122 53,322
VII47,210 55,410
VIII 49,298 57,498
ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I$37,294 45,494
II 37,682 45,882
III38,270 46,470
IV 38,858 47,058
V43,044 51,234
VI 45,122 53,322
VII47,210 55,410
VIII 49,298 57,498
Beginning on the first day of July, two thousand seven ten, until and including the thirtieth day of June, two thousand eight eleven, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training $2,550.50 Mo. $30,606 3,258.83 Mo. 39,106
Cadet Trooper After
Training 3,138.17 Mo. 37,658 3,846.50 Mo. 46,158
Trooper Second Year39,122 47,122
Trooper Third Year39,494 47,494
Senior Trooper39,882 47,882
Trooper First Class40,470 48,470
Corporal41,058 49,058
Sergeant 45,234 53,234
First Sergeant47,322 55,322
Second Lieutenant49,410 57,410
First Lieutenant51,498 59,498
Captain53,586 61,586
Major55,674 63,674
Lieutenant Colonel57,762 63,762
ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT

SPECIALIST CLASSIFICATION

I$39,494 47,494
II 39,882 47,882

III40,470 48,470
IV 41,058 49,058

V45,234 53,234
VI 47,322 55,322

VII49,410 57,410
VIII 51,498 59,498

ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I$39,494 47,494
II 39,882 47,882

III40,470 48,470
IV 41,058 49,058

V45,244 53,234
VI 47,322 55,322

VII49,410 57,410
VIII 51,498 59,498

Beginning on the first day of July, two thousand eight nine, and continuing thereafter, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training$2,675.50 Mo. $32,106 3,425.50 Mo. 41,106
Cadet Trooper After
Training 3,263.17 Mo. 39,158 4,013.17 Mo. 48,158
Trooper Second Year40,122 49,122
Trooper Third Year40,494 49,494
Senior Trooper40,882 49,882
Trooper First Class41,470 50,470
Corporal42,058 51,470
Sergeant46,234 55,234
First Sergeant48,322 57,322
Second Lieutenant50,410 59,410
First Lieutenant52,498 61,498
Captain54,586 63,586
Major56,674 65,674
Lieutenant Colonel58,762 65,762
ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT

SPECIALIST CLASSIFICATION

I$40,494 49,494
II 40,882 49,882

III41,470 50,470
IV 42,058 51,058

V46,234 55,234
VI 48,322 57,322

VII50,410 59,410
VIII 52,498 61,498

ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I$40,494 49,494
II 40,882 49,882

III41,470 50,470
IV 42,058 51,058

V46,234 55,234
VI 48,322 57,322

VII50,410 59,410
VIII 52,498 61,498

Each member of the West Virginia State Police whose salary is fixed and specified in this annual salary schedule is entitled to the length of service increases set forth in subsection (e) of this section and supplemental pay as provided in subsection (g) of this section.
(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 two years of service with the West Virginia State Police, the member shall receive a salary increase of four hundred dollars to be effective during his or her next year of service and a like increase at yearly 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 the salaries 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 authority of the superintendent to propose a legislative rule or amendment thereto 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 is hereby continued. 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) In consideration for compensation paid by the West Virginia State Police to its members during those members' participation in the West Virginia State Police Cadet Training Program pursuant to section eight, article twenty-nine, chapter thirty of this code, the West Virginia State Police may require of its members by written agreement entered into with each of them in advance of such participation in the program that, if a member should voluntarily discontinue employment any time within one year immediately following completion of the training program, he or she shall be obligated to pay to the West Virginia State Police a pro rata portion of such compensation equal to that part of such year which the member has chosen not to remain in the employ of the West Virginia State Police.
(j) Any member of the West Virginia State Police who is called to perform active duty 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 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.


NOTE: The purpose of this bill is to increase the compensation of the membership of the West Virginia State Police.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.


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