H. B. 2160
(By Delegates Caputo, Williams, D. Poling,
Ferro, Hamilton and Boggs )
[Introduced February 13, 2013; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact §11-16-4 of the Code of West Virginia,
1931, as amended; and to amend and reenact §60-2-12 of said
code, all relating to the Alcohol Beverage Control Commission;
requiring the Division of Personnel to review and evaluate
each employee's job duties and qualifications to determine
classification and compensation; requiring written reviews and
meetings with employees; permitting Alcohol Beverage Control
Commission employees to be included in the civil service;
providing exemptions; requiring a legislative report; and
removing out-dated language from the code.
Be it enacted by the Legislature of West Virginia:
That §11-16-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §60-2-12 be amended and
reenacted, all to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 16. NONINTOXICATING BEER.
§11-16-4. Responsibility of Alcohol Beverage Control Commissioner;
administrators, employees and agents; administration
and enforcement expenses.
(a) The Alcohol Beverage Control Commissioner described under
the provisions of article two, chapter sixty of this code shall
have sole responsibility for the administration of this article,
except for those responsibilities expressly vested in the Tax
Commissioner under sections thirteen, fourteen and fifteen of this
All acts heretofore performed by the nonintoxicating beer
commissioner under previous proceedings of this article are hereby
again ratified and confirmed, and the commissioner shall succeed to
the same position previously maintained by the nonintoxicating beer
commissioner in all proceedings and official acts instituted and
perfected under the provisions of this article prior to the
effective date of this section.
(b) The commissioner shall appoint an adequate number of
competent persons to serve as administrators, employees and agents
of the commissioner for the purpose of keeping all necessary
accounts and records required under the provisions of this article;
investigating the books, accounts, records and other papers of
retailers, distributors and brewers; investigating applicants for
license and the places of business of retailers, distributors and
brewers; procuring evidence with respect to violations of the provisions of this article, and particularly for use at hearings
held by the commissioner and on proceedings instituted in court for
the purpose of revoking or suspending licenses hereunder; and
those administrators, employees and agents shall perform such other
duties as the commissioner may direct. Such The administrators,
employees and agents shall have the right to may enter any licensed
premises in the state in the performance of their duties at any
hour of the day or night when beer is being sold or consumed on
such licensed premises. Refusal by any licensee or by any employee
of a licensee to permit such the administrators, employees or
agents to enter the licensed premises shall will be an additional
cause for revocation or suspension of the license of such licensee
by the commissioner. The compensation of such administrators,
employees and agents shall be fixed by the commissioner: Provided,
That the commissioner may employ up to eleven special investigators
who shall be nonclassified exempt employees of the division.
(c) Services rendered the state by clerks, sheriffs,
commissioners in chancery and special commissioners, designated by
the court, and court reporters and stenographers performing
services for said commissioner and fees of witnesses summoned on
behalf of the state in proceedings to revoke or suspend retailer's
shall may be treated as part of the expenses of
administration and enforcement, and such the officers and said
other persons shall may be paid the same fees and charges as would be chargeable for like services performed for an individual; and
the compensation of such clerks, sheriffs and other persons shall
may be paid out of the amount allocated for the expense of
administration enforcement, after the amount of such those fees and
other charges shall be are certified by the court to the Auditor.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.
§60-2-12. Assistants and employees.
(a) The commission shall appoint or employ
such assistants and
employees persons as may be necessary to the efficient operation of
the department. and fix their salaries. All assistants and
employees shall be appointed or employed to serve during the will
and pleasure of the commission.(b) An employee who is in a position that is not part of the
classified system may be added to the classified service under the
Division of Personnel by July 1, 2014. The Division of Personnel
shall review the organization and employment structure of the
Alcohol Beverage Control Administration and report to the Joint
Committee on Government and Finance before December 31, 2013, with
a recommendation as to the process for the transition of such
_____(c) The division shall review and evaluate each employee's job
duties and qualifications to determine which classification and
compensation is appropriate for that employee.
_____(d) Upon completion of the division's review and evaluation,
the employee will be provided with his or her written review and
evaluation in a meeting with the staff of the Division of
_____(e) The division shall classify the employee in the
appropriate classification for the job duties which the employee
performs: Provided, That the employee's salary or benefits may not
_____(f) The commissioner, deputy commissioners and division
directors are exempt from the classified service: Provided, That
if a division director is currently in classified service, that
director shall retain his or her classified status.
NOTE: The purpose of this bill is to require the Division of
Personnel to review and evaluate each employee's job duties and
qualifications to determine classification and compensation. The
bill requires written reviews and meetings with those employees.
The bill permits permitting Alcohol Beverage Control Commission
employees to be included in the civil service and provides
exemption. The bill also requires a legislative report and deletes
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would