Bill Text: WV HB2149 | 2018 | Regular Session | Introduced
Bill Title: Establishing a minimum number of troopers to provide basic law enforcement services, and providing members of the West Virginia State Police a $580 salary increase at the end of two years of service
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-10 - To House Veterans' Affairs and Homeland Security [HB2149 Detail]
Download: West_Virginia-2018-HB2149-Introduced.html
WEST virginia
legislature
2017 regular session
By
[
to the Committee on Veterans’ Affairs and Homeland Security then Finance.
A BILL to amend and
reenact §15-2-3 and §15-2-5 of the Code of West Virginia, 1931, as amended, all
relating to maintaining a minimum of eight hundred state troopers by July 1,
2018; and increasing the salary increase received at the end of two years of
service with the West Virginia State Police from $500 to $580.
Be it enacted by the
Legislature of West Virginia:
That §15-2-3 and
§15-2-5 of the Code of West Virginia, 1931, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 2. WEST VIRGINIA
STATE POLICE.
§15-2-3. State Police
structure; how established; training; special revenue account.
(a) The superintendent
shall create, appoint and equip the State Police which shall consist of the
number of troops, districts and detachments required for the proper
administration of the State Police. Each troop, district or detachment shall be
composed of the number of officers and members the superintendent determines
are necessary to meet operational needs and are required for the efficient
operation of the State Police. The superintendent shall establish the general
organizational structure of the State Police by interpretive rule in accordance
with the provisions of article three, chapter twenty-nine-a of this code. The
superintendent shall provide adequate facilities for the training of all
members of the State Police and shall prescribe basic training requirements for
newly enlisted members. He or she shall also provide advanced or in-service
training, from time to time, for all members of the State Police. The
superintendent shall hold entry-level training classes for other
law-enforcement officers in the state without cost to those officers, except
actual expenses for food, lodging and school supplies. The superintendent may
hold advanced levels of training classes for other law-enforcement officers in
the state for a reasonable daily fee per student not to exceed $100.
(b) Notwithstanding any
other provision of this code to the contrary, the superintendent shall
implement a program to increase the number of state troopers in the state to
attain and maintain a minimum number of eight hundred state troopers by July 1,
2018.
(b) (c) There is hereby created in the State
Treasury a special revenue account, which shall be an interest bearing account,
to be known as the Academy Training and Professional Development Fund. The
special revenue account shall consist of training fees, any appropriations that
may be made by the Legislature, income from the investment of moneys held in
the special revenue account and all other sums available for deposit to the
special revenue account from any source, public or private. No expenditures,
for purposes of this section, are authorized from collections except in
accordance with the provisions of article three, chapter twelve of this code
and upon fulfillment of the provisions set forth in article two, chapter
eleven-b of this code. Any balance remaining in the special revenue account at
the end of any state fiscal year does not revert to the General Revenue Fund
but remains in the special revenue account and shall be used solely in a manner
consistent with this article. The superintendent is authorized to expend funds
from the account to offset operational and training costs; for building
maintenance and repair; for purchases and for equipment repair or replacement
for the West Virginia State Police Academy; and to defray necessary expenses
incidental to those and other activities associated with law-enforcement
training.
(c) (d) There is hereby created in the State
Treasury a special revenue account, which is an interest bearing account, to be
known as the State Police 100th Anniversary Fund. The special revenue account
shall consist of merchandise sales, any appropriations that may be made by the
Legislature, income from the investment of moneys held in the special revenue
account and all other sums available for deposit to the special revenue account
from any source, public or private. No expenditures for purposes of this
section are authorized from collections except in accordance with the
provisions of article three, chapter twelve of this code and upon fulfillment
of the provisions set forth in article two, chapter eleven-b of this code. Any
balance remaining in the special revenue account at the end of any state fiscal
year does not revert to the General Revenue Fund but remains in the special
revenue account and shall be used solely in a manner consistent with this
article. The superintendent is authorized to expend funds from the account to
offset costs for the 100th anniversary celebration; for purchasing 100th
anniversary commemorative merchandise, equipment and vehicles; and to defray
necessary expenses incidental to those and other activities associated with the
100th anniversary of the West Virginia State Police. This fund expires on
December 31, 2019 and remaining funds shall be transferred to the Academy
Training and Professional Development Fund.
(d) (e)
The superintendent may hold training classes for certification to access and
use the West Virginia Automated Police Network (WEAPON) for a
reasonable daily fee per student not to exceed $100.
(e) (f)
There is hereby created in the State Treasury a special revenue account, which
is an interest bearing account, to be known as the West Virginia State Police
Criminal Justice Information Services Fund. The special revenue account shall
consist of: Fees collected for training and certification for access to the
West Virginia Automated Police Network (WEAPON) system; any appropriations that
may be made by the Legislature; income from the investment of moneys held in
the special revenue account; and all other sums available for deposit to the
special revenue account from any source, public or private. Any balance
remaining in the special revenue account at the end of any state fiscal year
does not revert to the General Revenue Fund but remains in the special revenue
account and may be used solely in a manner consistent with this article. The
superintendent is authorized to expend funds from the account for the following
purposes: To offset operational and training costs; for building maintenance
and repair; for purchases and for equipment repair; personal services;
software; other associated maintenance costs; and to defray necessary expenses
incidental to those and other activities associated with the communications
section of the 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-VIII; 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 July 1,
2011, members shall receive annual salaries as follows:
ANNUAL
SALARY SCHEDULE (BASE PAY)
SUPERVISORY
AND NONSUPERVISORY RANKS
Cadet During Training.....................................................................$2,833Mo. $ 33,994
Cadet Trooper After Training
.........................................................$ 3,438 Mo. $ 41,258
Trooper Second Year............................................................................................... $42,266
Trooper Third Year................................................................................................... $42,649
Senior Trooper.......................................................................................................... $43,048
Trooper First Class................................................................................................... $43,654
Corporal.................................................................................................................... $44,260
Sergeant................................................................................................................... $48,561
First Sergeant........................................................................................................... $50,712
Second Lieutenant.................................................................................................... $52,862
First Lieutenant......................................................................................................... $55,013
Captain...................................................................................................................... $57,164
Major......................................................................................................................... $59,314
Lieutenant Colonel.................................................................................................... $61,465
ANNUAL
SALARY SCHEDULE (BASE PAY)
ADMINISTRATION
SUPPORT SPECIALIST CLASSIFICATION
I..................................................................................... 42,266
II ................................................................................... 43,048
III................................................................................... 43,654
IV ................................................................................. 44,260
V................................................................................... 48,561
VI ................................................................................. 50,712
VII................................................................................. 52,862
VIII................................................................................ 55,013
ANNUAL
SALARY SCHEDULE (BASE PAY)
CRIMINALIST
CLASSIFICATION
I................................................................................... 42,266
II.................................................................................. 43,048
III................................................................................. 43,654
IV................................................................................. 44,260
V.................................................................................. 48,561
VI................................................................................. 50,712
VII................................................................................ 52,862
VIII............................................................................... 55,013
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: Beginning on
January 1, 2015, and continuing thereafter, at the end of two years of service
with the West Virginia State Police, the member shall receive a salary increase
of $500 $580 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 $400
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 $5,000 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 establish a minimum number of troopers to provide basic law- enforcement
services. The bill further provides that
the salary increase at the end of two years of service for members of the West
Virginia State Police will increase from $500 to $580.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.
