Senate Bill No. 313
(By Senators Prezioso, Boley, Caruth, Foster, Stollings, Kessler,
D. Facemire and Unger)
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[Introduced February 20, 2009; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend and reenact §29-6-4 of the Code of West Virginia,
1931, as amended, relating to expanding the number of hours
temporary state personnel may work in a calendar year.
Be it enacted by the Legislature of West Virginia:
That §29-6-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. CIVIL SERVICE SYSTEM.
§29-6-4. Classified-exempt service; additions to classified
service; exemptions.
(a) The classified-exempt service includes all positions
included in the classified-exempt service on the effective date of
this article.
(b) Except for the period commencing on July 1, 1992, and
ending on the first Monday after the second Wednesday of the following January and except for the same periods commencing in the
year 1996, and in each fourth year thereafter, the Governor may, by
executive order, with the written consent of the state personnel
board and the appointing authority concerned, add to the list of
positions in the classified service, but such additions shall not
include any positions specifically exempted from coverage as
provided in this section.
(c) The following offices and positions are exempt from
coverage under the classified service:
(1) All judges, officers and employees of the judiciary;
(2) All members, officers and employees of the Legislature;
(3) All officers elected by popular vote and employees of the
officer;
(4) All secretaries of departments and employees within the
office of a secretary;
(5) Members of boards and commissions and heads of departments
appointed by the Governor or such heads of departments selected by
commissions or boards when expressly exempt by law or board order;
(6) Excluding the policy-making positions in an agency, one
principal assistant or deputy and one private secretary for each
board or commission or head of a department elected or appointed by
the Governor or Legislature;
(7) All policy-making positions;
(8) Patients or inmates employed in state institutions;
(9) Persons employed in a professional or scientific capacity
to make or conduct a temporary and special inquiry, investigation
or examination on behalf of the Legislature or a committee thereof,
an executive department or by authority of the Governor;
(10) All employees of the office of the Governor, including
all employees assigned to the executive mansion;
(11) Part-time professional personnel engaged in professional
services without administrative duties
; and personnel employed for
ninety days one thousand hours or less during a working year;
(12) Members and employees of the board of trustees and board
of directors or their successor agencies;
(13) Uniformed personnel of the State Police; and
(14) Seasonal employees in the state forests, parks, and
recreational areas working less than 1,733 hours per calendar year
:
Provided, That notwithstanding any provision of law to the
contrary, seasonal employees shall not be considered full-time
employees.
(d) The Legislature finds that the holding of political
beliefs and party commitments consistent or compatible with those
of the Governor contributes in an essential way to the effective
performance of and is an appropriate requirement for occupying
certain offices or positions in state government, such as the
secretaries of departments and the employees within their offices,
the heads of agencies appointed by the Governor and, for each such head of agency, a private secretary and one principal assistant or
deputy, all employees of the office of the Governor including all
employees assigned to the executive mansion, as well as any persons
appointed by the Governor to fill policy-making positions, in that
such offices or positions are confidential in character and require
their holders to act as advisors to the Governor or the Governor's
appointees, to formulate and implement the policies and goals of
the Governor or the Governor's appointees, or to help the Governor
or the Governor's appointees communicate with and explain their
policies and views to the public, the Legislature and the press.
(e) All county road supervisor positions shall be covered
under the classified service effective July 1, 1999:
Provided,
That any person employed as a county road supervisor on the
effective date of this section, shall not be required to take or
pass a qualifying or competitive examination upon or as a condition
of becoming a classified service employee. All county road
supervisors who become classified service employees pursuant to
this subsection who are severed, removed or terminated in his or
her employment must be severed, removed or terminated as if the
person was a classified service employee.
NOTE: The purpose of the bill is to expand the number of hours
a state employee can work in a temporary position each year from
ninety days to one thousand hours.
This bill is recommended for passage by the Legislative Oversight Commission on Health and Human Resources Accountability.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.