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Introduced Version Senate Bill 574 History

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sb574 intr
Senate Bill No. 574

(By Senators Tomblin, Mr. President, and Caruth,

By Request of the Executive)

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[Introduced February 5, 2008; referred to the Committee on Finance.]

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A BILL to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to the compensation of the 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, and continuing until and including the thirtieth day of June, two thousand six, 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
Cadet Trooper After Training2,621.50 Mo. 31,458
Trooper Second Year 31,922
Trooper Third Year 32,294
Trooper Fourth & Fifth Year 32,594
Senior Trooper 34,682
Trooper First Class 36,770
Corporal 38,858
Sergeant 43,034
First Sergeant 45,122
Second Lieutenant 47,210
First Lieutenant 49,298
Captain 51,386
Major 53,474
Lieutenant Colonel 55,562
ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT

SPECIALIST CLASSIFICATION

I$32,594
II 34,682
III36,770
IV 38,858
V43,034
VI 45,122
VII47,210
VIII 49,298
ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I$32,594
II 34,682

III36,770
IV 38,858

V43,044
VI 45,122

VII47,210
VIII 49,298

Beginning on the first day of July, two thousand six, and continuing until and including the thirtieth day of June, two thousand seven, 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
Cadet Trooper After Training2,913.17 Mo. 34,958
Trooper Second Year36,922
Trooper Third Year37,294
Senior Trooper37,682
Trooper First Class38,270
Corporal38,858
Sergeant 43,034
First Sergeant45,122
Second Lieutenant47,210
First Lieutenant49,298
Captain51,386
Major 53,474
Lieutenant Colonel55,562
ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT

SPECIALIST CLASSIFICATION

I$37,294
II 37,682
III38,270
IV 38,858
V43,034
VI 45,122
VII47,210
VIII 49,298
ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I$37,294
II 37,682
III38,270
IV 38,858
V43,044
VI 45,122
VII47,210
VIII 49,298

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

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training2,550.50 Mo. $30,606
Cadet Trooper After Training3,138.17 Mo. 37,658
Trooper Second Year39,122
Trooper Third Year39,494
Senior Trooper39,882
Trooper First Class40,470
Corporal41,058
Sergeant 45,234
First Sergeant47,322
Second Lieutenant49,410
First Lieutenant51,498
Captain53,586
Major55,674
Lieutenant Colonel57,762
ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT

SPECIALIST CLASSIFICATION

I$39,494
II 39,882

III40,470
IV 41,058

V45,234
VI 47,322

VII49,410
VIII 51,498

ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I$39,494
II 39,882

III40,470
IV 41,058

V45,244
VI 47,322

VII49,410
VIII 51,498

Beginning on the first day of July, two thousand eight, 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 2,752 Mo. $32,106 33,024
Cadet Trooper After Training3,263.17 3,357.33 Mo. 39,158 40,288
Trooper Second Year40,122 41,296
Trooper Third Year40,494 41,679
Senior Trooper40,882 42,078
Trooper First Class41,470 42,684
Corporal42,058 43,290
Sergeant46,234 47,591
First Sergeant48,322 49,742
Second Lieutenant50,410 51,892
First Lieutenant52,498 54,043
Captain54,586 56,194
Major56,674 58,344
Lieutenant Colonel58,762 60,495
ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT

SPECIALIST CLASSIFICATION

I$40,494 41,679
II 40,882 42,078

III41,470 42,684
IV 42,058 43,290

V46,234 47,591
VI 48,322 49,742

VII50,410 51,892
VIII 52,498 54,043

ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I$40,494 41,679
II 40,882 42,078

III41,470 42,684
IV 42,058 43,290

V46,234 47,591
VI 48,322 49,742

VII50,410 51,892
VIII 52,498 54,043

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.
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(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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