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Introduced Version Senate Bill 587 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 587

(By Senator Bowman)

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[Introduced March 13, 2009; referred to the Committee on Government Organization.]

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A BILL to repeal §29-6-9a of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-6-2 of said code, relating to abolishing the State Personnel Advisory Council.

Be it enacted by the Legislature of West Virginia:
That §29-6-9a of the Code of West Virginia, 1931, as amended, be repealed; and that §29-6-2 of said code be amended and reenacted to read as follows:
ARTICLE 6. CIVIL SERVICE SYSTEM.
§29-6-2. Definition of terms.
As used in this article, unless the context indicates otherwise, the term:
(a) "Administrator" means any person who fills a statutorily created position within or related to an agency or board (other than a board member) and who is designated by statute as commissioner, deputy commissioner, assistant commissioner, director, chancellor, chief, executive director, executive secretary, superintendent, deputy superintendent or other administrative title, however designated;
(b) "Agency" means any administrative unit of state government, including any authority, board, bureau, commission, committee, council, division, section or office;
(c) "Appointing authority" means a person or group of persons authorized by an agency to make appointments to positions in the classified or classified-exempt service;
(d) "Board" means the State Personnel Board created by section six of this article;
(e) "Class" or "class of positions" means a group of positions sufficiently similar in duties, training, experience and responsibilities, as determined by specifications, that the same qualifications, the same title and the same schedule of compensation and benefits may be equitably applied to each position in the group;
(f) "Classification plan" means the plan by which positions in the classified service and classified-exempt service have been allocated by class;
(g) "Classified-exempt service" means an employee whose position satisfies the definitions for "class" and "classify" but who is not covered under the civil service system or employed by the higher education governing boards;
(h) "Classified service" means an employee whose job satisfies the definitions for "class" and "classify" and who is covered under the civil service system;
(i) "Classify" means to group all positions in classes and to allocate every position to the appropriate class in the classification plan;
(j) "Director" means the head of the Division of Personnel as appointed by section seven of this article;
(k) "Council" means the state personnel advisory council created in section nine-a of this article;
(k) "Division" means the Division of Personnel herein created;
(l) "Policy-making position" means a position in which the person occupying it: (1) Acts as an advisor to or formulates plans for the implementation of broad goals for an administrator or the Governor; (2) is in charge of a major administrative component of the agency; and (3) reports directly and is directly accountable to an administrator or the Governor;
(m) "Position" means a particular job which has been classified based on specifications;
(n) "Secretary" means the Secretary of the Department of Administration created in section two, article one, chapter five-f of this code;
(o) "Specification" means a description of a class of position which defines the class, provides examples of work performed and the minimum qualifications required for employment;
(p) "Veteran" means any person who has served in the armed forces of the United States of America during World War I (April 6, 1917--November 11, 1918), World War II (December 7, 1941--December 31, 1946), the Korean Conflict (June 27, 1950--January 31, 1955), the Vietnam Conflict (August 5, 1964--May 7, 1975) or in a campaign, expedition or conflict for which a campaign badge has been authorized and received by such person and who has received a discharge under honorable conditions from such service.
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(NOTE: The purpose of this bill is to abolish the Public Employee Leave Benefit Analysis Board.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)
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