H. B. 2234
(By Mr. Speaker, Mr. Chambers, and Delegate Rowe)
[Introduced February 23, 1993; referred to the
Committee on Government Organization.]
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 age
qualifications for members of the division of public safety.
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. DEPARTMENT OF PUBLIC SAFETY.
§15-2-7. Cadet selection board; qualifications for and
appointment to membership in division; civilian
employees.
(a) The superintendent shall establish within the department
division of public safety a cadet selection board which shall be
representative of commissioned and noncommissioned officers
within the department division.
(b) The superintendent shall appoint a member to the
position of trooper from among the top three names on the currentlist 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 nor more than thirty years of age, of sound
constitution and good moral character; shall be required to pass
such any mental and physical examination and meet other
requirements as may be provided for in regulations rules
promulgated by the cadet selection board: and shall be required
to pass such physical examination as may be provided for in
regulations promulgated by the retirement board
Provided,
That
a former member may, at the discretion of the superintendent, be
reenlisted. if the period of his former service subtracted from
his age does not exceed thirty years: Provided, however, That
the age limit requirement may be modified for persons over the
age of thirty with active duty military experience who are
applying for positions as helicopter pilots in the department.
For each full year of active military service, the age limit
requirement shall be raised by one year to a maximum age of
thirty-five years for helicopter pilot applicants
(d) No person may be barred from becoming a member of the
department division because of his 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 encourageapplications for department 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 department division at
a grade or rank above the grade of trooper.
(g) 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.
NOTE: The purpose of this bill is to change the age
requirements for members of the Division of Public Safety (state
police) to comply with federal age discrimination legislation for
law enforcement which becomes effective December, 1993.