COMMITTEE SUBSTITUTE

FOR

H. B. 2263


(By Delegates Staton, Houvouras, Mezzatesta and Rutledge)


(Originating in the House Committee on Finance)


[March 19, 1993]



A BILL to amend article seven, chapter six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, prohibiting the transfer of personnel from positions for which the salary is designated by statute to positions for which the salary is not set by statute; and providing specific exemptions from the prohibition.

 Be it enacted by the Legislature of West Virginia:
That article seven, chapter six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nine, to read as follows:
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-9. Transfer of personnel between positions.
(a) No employee may be transferred within the same department, whether such transfer is for a permanent or temporaryperiod, from a position for which the rate of salary or compensation is specifically provided for by this code to a newly created position which provides a higher salary or rate of compensation which is not set forth in statute: Provided, That such transfers may be made if newly created position has been vacant for at least six months prior to the date of transfer.
(b) For the purposes of this section, the term "newly created position" means a position which was created within eighteen months of the date of transfer: Provided, That a position created by the Legislature shall not be deemed "newly created position". The provisions of this section shall not apply to positions for which the salary or rate of compensation is set forth in statute by means of a salary schedule which sets salaries or compensation for several classifications of employees.