STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 232	By:	Jolley

AS INTRODUCED

An Act relating to the Department of Public Safety; amending 47 O.S. 2011, Section 2-105.4, which relates to salaries; deleting obsolete language; requiring Commissioner of Public Safety to make certain determinations; revising salaries of certain Highway Patrolmen; setting certain minimum salary; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2011, Section 2-105.4, is amended to read as follows:
Section 2-105.4.
A.  1.  a.  The annual salaries for the Commissioner of Public Safety, the Assistant Commissioner of Public Safety and the commissioned officers within the Highway Patrol Division shall be in accordance and conformity with the following salary schedule, exclusive of longevity pay, as authorized by Section 840-2.18 of Title 74 of the Oklahoma Statutes, expense allowance, as authorized by Section 2-130 of this title, and irregular shift pay, as authorized by Section 2-130.1 of this title:
Commissioner of Public Safety	$89,100.00
Assistant Commissioner of Public Safety	$83,314.00
Highway Patrol Colonel (Chief)	$83,314.00
Highway Patrol Lieutenant Colonel
(Assistant Chief)	$74,827.00
Highway Patrol Lieutenant Colonel
(Deputy Chief)	$67,818.00
Highway Patrol Major	$62,026.00
Highway Patrol Captain	$57,243.00
Highway Patrol Lieutenant	$53,306.00
Highway Patrolman (Trooper)
Step 1	$36,711.00
Step 2	$38,377.00
Step 3	$40,123.00
Step 4	$41,953.00
Step 5	$43,871.00
Step 6	$45,881.00
Step 7	$50,087.00
Probationary Highway Patrolman	$33,000.00
Cadet Highway Patrolman	$30,000.00
b.	Each Highway Patrolman shall receive upon the anniversary date of the Patrolman an annual salary increase to the step of the salary schedule provided for in subparagraph a of this paragraph which step number corresponds to the number of completed years of service the Patrolman has accumulated in the Highway Patrol Division, including service in the former Lake Patrol Division and the former Capitol Patrol Division of the Department of Public Safety if the Patrolman, within the preceding twelve-month period:
(1)	has achieved a satisfactory Performance Rating Score,
(2)	has not received any disciplinary action which has resulted in any suspension from the Department for a period of ten (10) or more days, and
(3)	has not received any disciplinary action which has resulted in demotion.
Provided, if the number of completed years of service on the anniversary date of the Patrolman is or exceeds seven (7) years, said Patrolman shall be assigned to, and the salary of the Patrolman adjusted to, Step 7 of said salary schedule.
2.  a.	Effective January 1, 2007, Except as provided in subparagraph c of this paragraph, the annual salaries for the Commissioner of Public Safety, the Assistant Commissioner of Public Safety and the commissioned officers within the Highway Patrol Division shall be in accordance and conformity with the following salary schedule, exclusive of longevity pay, as authorized by Section 840-2.18 of Title 74 of the Oklahoma Statutes, expense allowance, as authorized by Section 2-130 of this title, irregular shift pay, as authorized by Section 2-130.1 of this title, and any pay from working shifts in addition to or in lieu of regularly scheduled shifts that may result from a contractual agreement entered into by the Department or from a  special enforcement assignment:
Commissioner of Public Safety	$111,133.00
Assistant Commissioner of Public Safety	$101,030.00
Highway Patrol Colonel (Chief)	$101,030.00
Highway Patrol Lieutenant Colonel
(Assistant Chief)	$91,844.00
Highway Patrol Lieutenant Colonel
(Deputy Chief)	$83,495.00
Highway Patrol Major	$75,904.00
Highway Patrol Captain	$69,004.00
Highway Patrol Lieutenant	$62,731.00
Highway Patrolman (Trooper)
Step 1	$38,000.00
Step 2	$40,660.00
Step 3	$43,506.00
Step 4	$46,552.00
Step 5	$49,810.00
Step 6	$53,298.00
Step 7	$57,028.00
Probationary Highway Patrolman	$35,514.00
Cadet Highway Patrolman	$33,192.00
b.	On January 1, 2007, each Patrolman shall be assigned and the salary of such Patrolman shall be adjusted to the salary schedule provided for in subparagraph a of this paragraph.  Such initial adjustment of salaries shall be to the step which step number corresponds to the number of completed years of service the Patrolman has accumulated in the Highway Patrol Division, including service in the former Lake Patrol Division and the former Capitol Patrol Division of the Department of Public Safety.  Provided, however, no such Patrolman shall receive less than the salary the Patrolman was receiving on December 31, 2006.  If the number of completed years of service of such Patrolman exceeds seven (7) years on January 1, 2007, the Patrolman shall be assigned to and the Patrolman's salary adjusted to Step 7 of the salary schedule.
c.	After January 1, 2007, each Each Highway Patrolman shall receive upon the anniversary date of the Patrolman an annual salary increase to the step of the salary schedule provided in subparagraph a of this paragraph which step number corresponds to the number of completed years of service the Patrolman has accumulated in the Highway Patrol Division, including service in the former Lake Patrol Division and the former Capitol Patrol Division of the Department of Public Safety, if the Patrolman, within the preceding twelve-month period:
(1)	has achieved a satisfactory Performance Rating Score,
(2)	has not received any disciplinary action which has resulted in any suspension from the Department for a period of ten (10) or more days, and
(3)	has not received any disciplinary action which has resulted in demotion.
c.	Within thirty (30) days of the effective date of this act and on July 1 of each year thereafter, the Commissioner of Public Safety shall determine the salary paid to police officers of each municipality of this state employing at least twenty-five (25) officers, upon initial employment and each year thereafter for the first seven years of employment.  The Commissioner shall further determine the average of the three highest salaries paid by such municipalities upon initial employment and each of the seven years thereafter.  On January 1, 2014, and on January 1 of each year thereafter, the salaries set forth for a Probationary Highway Patrolman and for Steps 1 through 7 for a Highway Patrolman, as set forth in subparagraph a of this paragraph, shall be revised to be equal to ninety percent (90%) of the average of the three highest salaries paid by such municipalities as determined by the Commissioner.  Provided, no Patrolman shall receive less than the salary the Patrolman was receiving on December 31, 2013.
Provided, if the number of completed years of service on the anniversary date of the Patrolman is or exceeds seven (7) years, the Patrolman shall be assigned to, and the salary of the Patrolman adjusted to, Step 7 of the salary schedule provided in subparagraph a of this paragraph.
3. 2.  Except as provided in paragraphs paragraph 1 and 2 of this subsection, in any twelve-month period no Highway Patrolman shall receive:
a.	a salary increase which exceeds an increase to the next higher step of the salary schedule provided for in paragraphs paragraph 1 and 2 of this subsection, or
b.	more than one such salary increase to the step of the salary schedule provided for in paragraphs paragraph 1 and 2 of this subsection, unless salary increases are authorized by the Legislature.
Provided, however, such Patrolman shall receive the salary increase which results from a promotion to another position within the Highway Patrol Division.
4. 3.  The steps prescribed for the position of Highway Patrolman in the salary schedule provided for in paragraphs paragraph 1 and 2 of this subsection are for salary and compensation purposes only.  No Highway Patrolman shall be reassigned to another such step of said the salary schedule for the purposes of demotion, discipline, promotion, incentive, reward or for any other reason other than the salary increases provided for in paragraphs paragraph 1 and 2 of this subsection.
5. 4.  Upon graduation from the Highway Patrol Academy, each Cadet Highway Patrolman shall be promoted to and shall receive the salary for the position of Probationary Highway Patrolman.  Upon completion of the one-year probationary period, as required in subsection C of Section 2-105 of this title, each Probationary Highway Patrolman shall be promoted to and shall receive the salary for Step 1 of the position of Highway Patrolman, as provided for in paragraph 1 or 2 of this subsection, as applicable.  Thereafter, the salary of such Patrolman shall be subject to the provisions of this subsection.
B.  The provisions of this section shall supersede all existing laws covering the salaries for the Commissioner of Public Safety, the Assistant Commissioner of Public Safety and the commissioned officers in the Highway Patrol Division of the Department of Public Safety.
C.  Nothing in this section shall be construed to prohibit a reduction in pay or salary due to involuntary leave without pay as authorized in Section 840-2.27C of Title 74 of the Oklahoma Statutes.
SECTION 2.  This act shall become effective July 1, 2013.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

54-1-221	CD	1/10/2013 10:18:28 AM