COMMITTEE SUBSTITUTE

FOR

H. B. 4721

(By Delegate Thompson)


(Originating in the Committee on Finance)


[March 1, 2000]


A BILL to amend and reenact section seven, article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to annual increment for civilian employees of the state police.

Be it enacted by the Legislature of West Virginia:
That section seven, article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-7. Cadet selection board; qualifications for and appointment to membership in division; civilian employees.

(a) The superintendent shall establish within the division of public safety West Virginia state police a cadet selection board which shall be representative of commissioned and noncommissioned officers within the division.
(b) The superintendent shall appoint a member to the position of trooper from among the top three names on the current list of eligible applicants established by the cadet selection board.
(c) Preference in making appointments shall be given whenever possible to honorably discharged members of the armed forces of the United States and to residents of West Virginia. Each applicant for appointment shall be a person not less than twenty-one years of age, of sound constitution and good moral character; shall be required to pass any mental and physical examination and meet other requirements as may be provided for in rules promulgated by the cadet selection board: Provided, That a former member may, at the discretion of the superintendent, be reenlisted.
(d) No person may be barred from becoming a member of the division because of his or her religious or political convictions.
(e) The superintendent shall adhere to the principles of equal employment opportunity set forth in article eleven, chapter five of this code, and shall take positive steps to encourage applications for division membership from females and minority groups within the state.
(f) Except for the superintendent, no person may be appointed or enlisted to membership in the division at a grade or rank above the grade of trooper.
(g)(1) The superintendent shall appoint such civilian employees as may be necessary, and all such employees may be included in the classified service of the civil service system except those in positions exempt under the provisions of article six, chapter twenty-nine of this code.
 (2)(A) Effective for the fiscal year beginning the first day of July, two thousand, each civilian employee with five or more years of service as a civilian employee shall receive, in lieu of the amount of the annual increment increase provided pursuant to section two, article five, chapter five of this code, the amount of one hundred dollars for that fiscal year . In each fiscal year thereafter and on the first day of July, the civilian employee shall receive, in lieu of the amount of the annual increment increase provided pursuant to section two, article five, chapter five of this code, the amount of one hundred dollars for that fiscal year.
(B) Each civilian employee becoming newly eligible as a result of meeting the five years of service minimum requirement described in paragraph (A) of this subdivision on the first day of July in any fiscal year subsequent to the year two thousand is entitled to receive, in lieu of the amount of the annual increment increase provided pursuant to section two, article five, chapter five of this code, the amount one hundred dollars for that fiscal year . In each fiscal year thereafter and on the first day of July, the civilian employee shall receive, in lieu of the amount of the annual increment increase provided pursuant to section two, article five, chapter five of this code, the amount of one hundred dollars for that fiscal year.
(C) The total amount of increment increase in any fiscal year shall not exceed the amount of twenty years of years of service as a civilian employee times one hundred dollars.
(D) The incremental increases provided in this section shall be in addition to any across-the-board, cost-of-living or percentage salary increases which may be granted in any fiscal year by the Legislature. This article may not be construed to prohibit other pay increases based on merit, seniority, promotion or other reason, if funds are available for the other pay increases: Provided, That the superintendent shall first grant the mandated increase in compensation in this section to all eligible employees prior to the consideration of any increases based on merit, seniority, promotion or other reason.