ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 4250

(By Delegates Osborne, Mahan, Sparks, Heck and

Johnson)


[Passed March 13, 1998; in effect ninety days from passage.]



AN ACT to amend and reenact section twenty-two, article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to vacancies in paid fire departments; requiring completion of apprenticeship before eligibility for promotion; and exceptions.

Be it enacted by the Legislature of West Virginia:
That section twenty-two, article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-22. Vacancies filled by promotions; eligibility for
promotion.

Vacancies in positions in a paid fire department shall be filled, so far as practicable, by promotions from among individuals holding positions in the next lower grade in the department. Promotions shall be based upon experience and by competitive examinations to be provided by the firemen's civil service commission: Provided, That no individual shall be eligible for promotion from the lower grade to the next higher grade until such individual shall have completed at least two years of continuous service in the next lower grade in the department immediately prior to said examination and has completed the registered apprenticeship and certification program under article twenty-nine-a, chapter thirty of this code: Provided, however, That completion of the registered apprenticeship and certification program as a requirement for promotion shall apply only to those firefighters employed since the twelfth day of June, one thousand nine hundred eighty-seven. The commission shall have the power to determine in each instance whether an increase in salary constitutes a promotion.