HB 5441 — Reforming State Personnel System

(1) (1) Any and all job classifications, specifications, and compensation structures established by the Department of Transportation, prior to July 1, 2026, under the authority granted by this section, shall transfer to the oversight and administration of the Division of Personnel;

(2) Following the transfer, the Division of Personnel shall not modify the job classifications, specifications, and compensation structures created pursuant to this section prior to July 1, 2026, except with the consent of the Secretary of the Department of Transportation or as provided in subsection (c) of this section.(c) Notwithstanding any provision of this code or any rule to the contrary, beginning on July 1, 2026, all employees of the Department of Transportation shall be Enr CS for HB 5441 exempt from the state grievance procedures as set forth in §6C-2-1 et seq.

andand(4) (4) The secretary of the Department of Transportation shall have the authority to designate certain employees' status under the classified civil service system and grievance procedures as may be deemed necessary to comply with federal law, federal regulation, or the requirements for receipt of federal funding or assistance.assistance..

(d) Subsection (c) of this section shall not apply to any position appointed by the Governor.Governor.(d) (e) The Department of Transportation personnel system is not exempt Nothing in this section exempts the Department of Transportation from the provisions of this code prohibiting nepotism, favoritism, discrimination, or unethical practices related to the employment process promotion, transfer, layoff, removal, discipline, and compensation of state employees.(e) The Department of Transportation personnel system may not be applied in any manner that would disqualify the department or its agencies, boards, commissions, or divisions for eligibility for any federal funding or assistance.(f) The Division of Personnel shall, upon request of the Secretary of Transportation, take any action necessary to assist the Department of Transportation in completing the transition to the department’s personnel system in an orderly and efficient manner.(g) The Secretary of Transportation may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.

(e)of Nothingthis incode thisand sectionmay exemptspromulgate emergency rules pursuant to the Departmentprovisions of Transportation§29A-3-15 fromof this code to implement the provisions of this codesection.(h) prohibiting(f) nepotism,Notwithstanding favoritism,any discrimination,provision orof unethicalthis practicescode related to the promotion,contrary, transfer,the layoff,Department removal,of discipline,Transportation andpersonnel compensationsystem shall require that may not provide any probationary employee of statethe employees.Department of Transportation who is terminated for failing a drug or alcohol screen or refusing a drug or alcohol screen shall not be entitled to severance pay.  CHAPTER 11B.

(f) Notwithstanding any provision of this code to the contrary, the Department of Transportation may not provide any probationary employee of the Department of Transportation who is terminated for failing a drug or alcohol screen or refusing a drug or alcohol screen severance pay.

Enr CS for HB 5441 CHAPTER 11B.

  ARTICLE 1.

  §11B-1-8.

Special employment procedures Eliminating Division of Personnel Exemption for Tax Division personnel.

(a)(a) Legislative Legislative findings and intent.

——(1) The (1)Tax TheDivision several exemptions from centralized administration of the state’sDepartment personnelof haveRevenue createdhas multiple,approximately redundant,one inefficient,hundred andvacancies. overly complex personnel and human resources systems in several parts of state government;

andThe (2)Legislature Shiftingfinds to a centralized oversight system that includesthe necessarydivision flexibilityhas forlong allhad statedifficulty departments—insteadfilling ofpositions awhich feware favoredessential agencies—wouldto facilitateefficiently theand streamliningeffectively ofadministering, statecollecting government and enforcing the propertax managementlaws of thethis statestate. executive personnel systems.

(b)The Definitions.Legislature finds that, to address this problem, the hiring and retention processes of the division must be streamlined to effectively and efficiently meet personnel needs while still affording applicants and employees the due process protections of classified service.(2) The ratification of the Roads to Prosperity Amendment of 2017 to the Constitution of West Virginia will result in substantially increased funding for roads and highways in the state and the opportunity for in-state and out-of-state contractors to bid on road projects.

—The Asneed usedto ensure that all businesses are in compliance with the tax laws of this section:state will exacerbate the division's staffing shortage.(3) The purpose of this section is to allow the division to employ qualified applicants in vacant and new personnel positions within the division in a timely manner and to ensure that the division maintains an adequate workforce to effectively and fairly administer, collect and enforce the tax laws of this state.(1) The several exemptions from centralized administration of the state’s personnel have created multiple, redundant, inefficient, and overly complex personnel and human resources systems in several parts of state government;

(1)and(2) "Commissioner"Shifting meansto thea Commissionercentralized ofoversight thesystem Taxthat Divisionincludes necessary flexibility for all state departments—instead of a few favored agencies—would facilitate the Departmentstreamlining of Revenuestate orgovernment hisand orthe herproper designee;management of the state executive personnel systems.

and  (b) Definitions. (2) "Division" means the Tax Division of the Department of Revenue.

(c)— BeginningAs onused Julyin 1, 2026, the division’s authority to establish a classified system for personnel administration under this sectionsection:(1) "Commissioner" ismeans abolishedthe andCommissioner allof personnel within the specialTax meritDivision systemof createdthe underDepartment thisof sectionRevenue areor subjecthis toor theher provisionsdesignee; of §29-6-1 et seq.

and(2) "Division" means the Tax Division of the Department of Revenue.(c) Special employment procedure;

requirements.

— The commissioner shall implement the special merit-based application and appointment procedure authorized by the provisions of this section for all the employees of the division to ensure and provide for the selection and retention of competent and qualified personnel.

The special application and employment procedure established pursuant to this section shall be effective on and after December 1, 2017, and shall be subject to the following requirements:(1) The Division of Personnel shall provide competitive registers of eligible applicants when requested by the division to do so within five business days of receipt of the request;(2) Any position to be filled internally shall be posted for seven calendar days before the division may select an applicant.

For positions to be filled with applicants from outside of the division, the public service announcement shall be posted for not less than fourteen calendar days;(3) Postings shall be active for up to one year;(4) Notwithstanding any provision of law or rule promulgated under the provisions of this code, the division may employ any person listed on the register for employment as a Tax and Revenue Auditor 1, Tax and Revenue Auditor 2, Tax and Revenue Auditor 3, Revenue Agent 1, Revenue Agent 2, Investigator 2 or Investigator 3 without regard to the person's position on the applicable register;(5) The division shall have full authority to evaluate applicants for employment or promotion within the division to positions within the classified service and classified-exempt service.

The division shall have sole authority to determine whether applicants for positions with the division meet minimum position requirements;(6) The division shall have full authority to make classification determinations for positions within the division by using the classification system approved by the State Personnel Board.

The division may independently submit to the State Personnel Board recommendations for the approval of new division classifications or the amendment of current division classifications;(7) The division shall have full authority to exercise its discretion regarding the application of the Division of Personnel's system of compensation for positions within the classified and classified-exempt service: Provided, That application of this subdivision shall be uniform.

The division may independently submit to the State Personnel Board recommendations for the approval of a special pay scale for the division's personnel;(8) Notwithstanding any provision of the code or of any rule to the contrary, the Division of Personnel shall not be a mandatory party to any public employee grievance filed against the division.

The Division of Personnel shall not be a signatory to, and may not override or otherwise challenge, the division's decisions regarding settlement terms and conditions in employee grievances or other legal proceedings;(9) The Division of Personnel shall facilitate or perform any lawful action necessary to initiate or complete the division's employment transactions, including, but not limited to, posting positions on applicable systems, initiating public service announcements when requested by the division, and processing necessary forms;(10) The division shall comply with all applicable record retention requirements provided by law;(11) The division is authorized to declare any positions effectively vacant due to employee separations, which were not processed prior to the division being placed under the wvOASIS system, vacant and subject to being filled pursuant to the provisions of this section;(12) The division shall have the flexibility to utilize all vacant position numbers when posting to fill a vacancy and to post vacant positions utilizing multiple classifications with corresponding job descriptions when the commissioner determines it to be necessary and in the best interest of the division;

and(13) For purposes of this section, a vacancy created when an employee of the division separates or goes on terminal leave may be posted upon receipt of the notice that the employee separated or commenced such leave.(d) Exemption from regular application and appointment requirements.

— When seeking applications or making appointments pursuant to the special procedure authorized by subsection (c) of this section, the division is not required to comply with Division of Personnel procedures for seeking applications and making appointments to classified service positions as provided by the provisions of article six, chapter twenty-nine of this code or in any other provision of this code, including those procedures promulgated in procedural or legislative rules promulgated by the commissioner pursuant to article three, chapter twenty-nine-a of this code, except that this section does not exempt the division from provisions of this code, prohibiting nepotism, favoritism, discrimination or unethical practices related to appointment, or the public employee grievance system.(e) The commissioner may promulgate emergency rules and shall propose legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code as may be necessary to implement and comply with the provisions of this section.(f) The provisions of this section shall apply notwithstanding the provisions of article six, chapter twenty-nine of this code to the contrary.(g) Classified employees of the division shall continue to be covered by the civil service system and may utilize any applicable public employee grievance process.(c) Beginning on July 1, 2026, the division’s authority to establish a classified system for personnel administration under this section is abolished and all personnel within the special merit system created under this section are subject to the provisions of §29-6-1 et seq.

(1) (1) Any and all job classifications, specifications, and compensation structures established by the division, prior to July 1, 2026, by the authority granted under this section, shall transfer to the oversight and administration of the Division of Personnel;

andand(2) (2) Following the transfer, the Division of Personnel shall not modify the job classifications, specifications, and compensation structures created pursuant to this section prior to July 1, 2026, except with the consent of the Secretary of the Department of Revenue or as provided in §5F-2-§5F-2-9 9 of this code.

Enr CS for HB 5441 CHAPTER 29.

  ARTICLE 6.

CIVIL SERVICE System DIVISION OF PERSONNEL SYSTEMS.Systems.

  §29-6-1.

(a) The general purpose of this article is to attract to the service of this state personnel of the highest ability and integrity by the establishment of a system of personnel administration based on merit principles and scientific methods governing the appointment, promotion, transfer, layoff, removal, discipline, classification, compensation, and welfare of its civil personnel systems employees, and other incidents of state employment.

All appointments and promotions to positions in the classified service personnel systems shall be made solely on the basis of merit and fitness.

(b)except The personnel system shall be founded on effective performance management principles that set clear goals, provide efficient and effective services for our citizens, and appraise and reward employees for being responsible and performing as required.hereinafter specified.

ToAll thatemployment end,positions not in the coreclassified functionsservice, with the exception of the Divisionboard of Personnelregents, isare toincluded attractin anda retainclassification highlyplan qualifiedknown andas skilledclassified-exempt employeesservice.(b) The personnel system shall be founded on effective performance management principles that set clear goals, provide efficient and toeffective serveservices asfor aour beneficialcitizens, resource,and workingappraise collaborativelyand withreward allemployees agenciesfor usingbeing itsresponsible services.and performing as required.

To that end, the core functions of the Division of Personnel is to attract and retain highly qualified and skilled employees and to serve as a beneficial resource, working collaboratively with all agencies using its services.  §29-6-2.

As used in this article, unless the context indicates otherwise, the term: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 the head of the agency or board;(b) "Agency" means any administrative unit of state government, including any authority, board, bureau, commission, committee, council, division, section or office authority, board, bureau, commission, division, or other entity of state government, however designated, transferred to or incorporated in one of the departments created in §5F-1-2 of this code, as well as any affiliated county or municipal agency:

"Administrator"Provided, meansThat anyindividual persondistricts, whooffices, fillsregions, sections and units within the same agency, however designated, shall not be considered a statutorilyseparate createdagency;(c) position"Appointing withinauthority" means a person or relatedgroup toof persons authorized by an agency orto boardmake (otherappointments thanto positions the executive head of a boarddepartment member)or andagency who is designatedauthorized by statute to appoint employees 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 one or more positions sufficiently similar in duties, training, experience, and responsibilities, as determined by specifications, that the headsame qualifications, the same title, and the same schedule of compensation and benefits may be equitably applied to each position in the agencygroup class;"Class specification" means the official description of a class of positions for the purpose of describing the nature of the work, providing examples of work performed, and identifying the knowledge, skills, and abilities required for the work while stating the generally accepted minimum qualifications required for employment;(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 board;employed by the higher education governing boards;

"Agency"those meanspositions anythat: authority, board, bureau, commission, division, or other entity of state government, however designated, transferred to or incorporated in one of the departments created in §5F-1-2 of this code, as well as any affiliated county or municipal agency:

Provided,(1) ThatMay individualbe districts,categorized offices,in regions,the sectionsDivision andof unitsPersonnel’s withinsystem theby samejob agency,title, howeverknowledge, designated,skill, shallabilities, notexperience, or description;(2) May be consideredfilled by a separatedepartment agency;or agency of the state even if the applicant does not meet the knowledge, skill, abilities, experience, or description established by the Division of Personnel;

Enr(3) CSAre forat HBthe 5441will "Appointingand authority"pleasure meansof the executivehiring head of a department or agencyagency;(4) whoAre isnot authorizedsubject by statute to appointDivision employeesof inPersonnel thepay classifiedschedules; or classified-exempt service;

"Class"and (5) May not be covered under the Division of Personnel classified system or "classemployed by the Higher Education Policy Commission, Council for Community and Technical College Education, or higher education governing boards, as defined in §18B-1-2 of positions"this code;(h) "Classified service" means onean oremployee morewhose job satisfies those positions sufficientlywhich similarsatisfy inthe duties,definitions training,for experience,"class" and responsibilities,"classify" asand determinedwho byis specifications,which thatare covered under the samecivil qualifications,service Division of Personnel classified system;(i) "Classify" means to group all positions in classes and to allocate every position to the sameappropriate title,class in the classification plan the process of ascertaining, analyzing, and evaluating the sameduties scheduleand responsibilities of compensationpositions to determine the number and benefitskind mayof beclasses equitablyexisting appliedin the service and to eachgroup positionthe positions in classes;"Department" or "departments" means the class;departments of the executive branch of state government provided in §5F-1-2 of this code;(j) "Director" means the head of the Division of Personnel as appointed by section seven of this article;(k)"Division" means the Division of Personnel;

"Classherein specification"created; means the official description of a class of positions for the purpose of describing the nature of the work, providing examples of work performed, and identifying the knowledge, skills, and abilities required for the work while stating the generally accepted minimum qualifications required for employment;

"Classification"Exempt plan"service" means theall planpositions specifically exempted by whichstatute positionsfrom inadministrative oversight of the classifiedDivision serviceof havePersonnel;(l) been(n) allocated"Policy-making byposition" class;means a position in which the person occupying it:

"Classified-exempt service" means those positions that:

(1) May be categorized in the Division of Personnel’s system by job title, knowledge, skill, abilities, experience, or description;

(2) May be filled by a department or agency of the state even if the applicant does not meet the knowledge, skill, abilities, experience, or description established by the Division of Personnel;

(3) Are at the will and pleasure of the hiring department or agency;

(4) Are not subject to Division of Personnel pay schedules;

and (5) May not be covered under the Division of Personnel classified system or employed by the Higher Education Policy Commission, Council for Community and Technical College Education, or higher education governing boards, as defined in §18B-1-2 of this code;

"Classified service" means those positions which satisfy the definitions for "class" and "classify" and which are covered under the Division of Personnel classified system;

Enr CS for HB 5441 "Classify" means the process of ascertaining, analyzing, and evaluating the duties and responsibilities of positions to determine the number and kind of classes existing in the service and to group the positions in classes;

"Department" or "departments" means the departments of the executive branch of state government provided in §5F-1-2 of this code;

"Director" means the head of the Division of Personnel as appointed by section seven of this article;

"Division" means the Division of Personnel;

"Exempt service" means all positions specifically exempted by statute from administrative oversight of the Division of Personnel;

"Policy-making position" means a position in which the person occupying it:

and or (3) reports directly and is directly accountable to an the administrator or the Governor;Governor;(m) "Position" means a particular job which has been classified based on specifications an authorized and identified group of duties and responsibilities assigned by the hiring authority requiring the full-time or part-time employment of at least one person;"Promotion" means a change in the status of an employee from a position to another position of higher rank as measured by salary range and increased level of duties or responsibilities;(n) "Secretary" means the Secretary of the Department of Administration created in section two, article one, chapter five-f §5F-1-2 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 meets the requirements of §6-13-1 of this code.  §29-6-4.

"Position" means an authorized and identified group of duties and responsibilities assigned by the hiring authority requiring the full-time or part-time employment of at least one person;

"Promotion" means a change in the status of an employee from a position to another position of higher rank as measured by salary range and increased level of duties or responsibilities;

"Secretary" means the Secretary of the Department of Administration created in §5F-1-2 of this code;

"Veteran" means any person who meets the requirements of §6-13-1 of this code.

§29-6-4.

additions to classified service;

(a) The classified-exempt service includes all positions included in the classified-exempt service on the effective date of this article.(b) Except  for the period commencing on July 1, 1992, and ending on the first Monday after the second Wednesday of the following January and except for the same periods commencing in the year 1996, and in each fourth year thereafter, the Governor may, by executive order, with the written consent of the State Personnel Board and the appointing authority concerned, add to the list of positions in the classified service, but the additions may not include any positions specifically exempted from coverage as provided in this section.(c) (a) The following offices and positions are exempt from coverage under the classified service the Division of Personnel:Personnel:(1) All judges, officers, and employees of the judiciary;(2) All members, officers, and employees of the Legislature;(3) All officers elected by popular vote, and employees of the officer those persons appointed to the positions, and all employees of those officers including all employees of the constitutional officers listed in section one, article VII of the constitution of this state;

Enr(4) CSAll forsecretaries HBof 5441departments (1)and Allemployees judges,within officers,the office of a secretary pursuant to §5F-2-2(a)(1) of this code;(5) Members of boards and commissions and heads of departments appointed by the Governor or heads of departments selected by commissions or boards when expressly exempt by law or board order;(6) Patients or inmates employed in state institutions;(7) Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation or examination on behalf of the Legislature or a committee of the Legislature, an executive department, affiliated county or municipal agency, or by authority of the Governor;(8) All employees of the judiciary;office of the Governor, including all employees assigned to the executive mansion;

(2)(9) AllTemporary members,employees;(10) officers,Members and employees of the Legislature;board of trustees and board of directors or their successor agencies;

(3)and(11) AllUniformed officerspersonnel electedof bythe popularState vote,Police.(b) The following offices and positions, in addition to those personsspecifically made classified-exempt by statute, are in the classified-exempt service:(6) (1) Excluding the policy-making positions in an agency One principal assistant or deputy and one private secretary for each board or commission or head of a department an agency elected or appointed toby the Governor or Legislature, unless specifically provided otherwise by statute;(7) (2) All policy-making positions, andwhich includes newly hired all employeesDeputy Commissioners within the Department of thoseHealth officersand includingDepartment allof employeesHuman Resources Services, unless specifically provided otherwise by statute;(8) Patients or inmates employed in state institutions;(9) Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the constitutionalLegislature officersor listeda incommittee sectionthereof, one,an articleexecutive VIIdepartment, or by authority of the constitutionGovernor;(10) All employees of thisthe state;office of the Governor, including all employees assigned to the executive mansion;(11) (3) Part-time professional personnel engaged in professional services without administrative duties;

(4)(12) AllTemporary secretariesemployees;(13) ofMembers departments and employees withinof the officeboard of atrustees secretaryand pursuantboard toof §5F-2-2(a)(1)directors or their successor agencies;(14) Uniformed personnel of thisthe code;State Police;(15) Temporary employees in the state forests, parks, and recreational areas;

(5)and(16) Members(4) ofAny boardsperson andhired commissionsas andan headsattorney ofbeginning departmentsJuly appointed1, by2022; the Governor or heads of departments selected by commissions or boards when expressly exempt by law or board order;

(6)and(5) PatientsAny employee transferred into the classified-exempt service pursuant to any other provision of this code.(d) The Legislature finds that the holding of political beliefs and party commitments consistent or inmatescompatible employedwith those of the Governor contributes in an essential way to the effective performance of and is an appropriate requirement for occupying certain offices or positions in state institutions;government, such as the secretaries of departments and the employees within their offices, the heads of agencies appointed by the Governor and, for each such head of agency, a private secretary and one principal assistant or deputy, all employees of the office of the Governor including all employees assigned to the executive mansion, as well as any persons appointed by the Governor to fill policy-making positions, in that those offices or positions are confidential in character and require their holders to act as advisors to the Governor or the Governor’s appointees, to formulate and implement the policies and goals of the Governor or the Governor’s appointees, or to help the Governor or the Governor’s appointees communicate with and explain their policies and views to the public, the Legislature, and the press.(e) All county road supervisor positions are covered under the classified service effective July 1, 1999.

(7)A Personsperson employed inas a professionalcounty orroad scientificsupervisor capacityon tothe makeeffective ordate conductof athis temporarysection andis specialnot inquiry,required investigationto take or examinationpass ona behalfqualifying of the Legislature or acompetitive committeeexamination ofupon, the Legislature, an executive department, affiliated county or municipalas agency,a orcondition byof, authoritybecoming ofa theclassified Governor;service employee.

(8) All county road supervisors who become classified service employees ofpursuant theto officethis ofsubsection thewho Governor,are includingsevered, allremoved, employeesor assignedterminated toin his or her employment must be severed, removed, or terminated as if the executiveperson mansion;was a classified service employee.  §29-6-5.

(9) Temporary employees;

(10) Members and employees of the board of trustees and board of directors or their successor agencies;

and (11) Uniformed personnel of the State Police.

(b) The following offices and positions, in addition to those specifically made classified- exempt by statute, are in the classified-exempt service:

(1) One principal assistant or deputy and one private secretary for each board or commission or head of an agency elected or appointed by the Governor or Legislature, unless specifically provided otherwise by statute;

Enr CS for HB 5441 (2) All policy-making positions, which includes all Deputy Commissioners within the Department of Health and Department of Human Services, unless specifically provided otherwise by statute;

(3) Part-time professional personnel engaged in professional services without administrative duties;

(4) Any person hired as an attorney beginning July 1, 2022;

and (5) Any employee transferred into the classified-exempt service pursuant to any other provision of this code.

(d) The Legislature finds that the holding of political beliefs and party commitments consistent or compatible with those of the Governor contributes in an essential way to the effective performance of and is an appropriate requirement for occupying certain offices or positions in state government, such as the secretaries of departments and the employees within their offices, the heads of agencies appointed by the Governor and, for each such head of agency, a private secretary and one principal assistant or deputy, all employees of the office of the Governor including all employees assigned to the executive mansion, as well as any persons appointed by the Governor to fill policy-making positions, in that those offices or positions are confidential in character and require their holders to act as advisors to the Governor or the Governor’s appointees, to formulate and implement the policies and goals of the Governor or the Governor’s appointees, or to help the Governor or the Governor’s appointees communicate with and explain their policies and views to the public, the Legislature, and the press.

§29-6-5.

(a) The Division of Personnel is continued within the Department of Administration.Administration.(b) The Division of Personnel shall perform the following functions:(1) Evaluating applicants for appointment or promotion to positions in the classified service subject to the requirements of §5B-1-2, §5B-2-1, §5B-2i-4, §5F-2-8, §5F-2-9, §5F-2-10, and §29-1-1a of this code;(2) Establishing and applying, in consultation with the appointing authorities, a system of classification for positions in the classified and classified-exempt service including, as needed, department-specific classifications and positions;(3) Establishing and applying a system of compensation for positions in the classified service;(4) Establishing and maintaining records of employment for classified employees;(5) Advising appointing authorities and supervisory personnel regarding disciplinary matters, the provisions of this article, rules implementing the provisions of this article, and laws and rules affecting human resource management;(6) Providing training in human resource management and the operation of the state personnel system systems;(7) Assuring compliance with this article and rules implementing the provisions of this article;

(b) The Division of Personnel shall perform the following functions:

(1) Evaluating applicants for appointment or promotion to positions in the classified service subject to the requirements of §5B-1-2, §5B-2-1, §5B-2i-4, §5F-2-8, §5F-2-9, §5F-2-10, and §29- 1-1a of this code;(2) Establishing and applying, in consultation with the appointing authorities, a Enr CS for HB 5441 system of classification for positions in the classified service including, as needed, department- specific classifications and positions;

(3) Establishing and applying a system of compensation for positions in the classified service;

(4) Establishing and maintaining records of employment for classified employees;

(5) Advising appointing authorities and supervisory personnel regarding disciplinary matters, the provisions of this article, rules implementing the provisions of this article, and laws and rules affecting human resource management;

(6) Providing training in human resource management and the operation of the state personnel systems;

(7) Assuring compliance with this article and rules implementing the provisions of this article;

(9)and(9) Assisting departments and agencies in marketing and advertising available positions in the classified-exempt system;

andand(8) (11) Other functions necessary to the establishment of a system of personnel administration as provided in this article.article.  §29-6-6.

§29-6-6.State Personnel Board continued;

Statemembers; Personnel Board terminated;

term;

quorum;

vacancies;

powers and duties terminated;

The State Personnel Board is terminated, and all of the board’s records, assets, equipment, powers, duties, and responsibilities—including the authority to promulgate or repeal Enr CS for HB 5441 any rule of the board under § 29A-3-1 et seq.

§29-6-7.(a) There is continued within the Division a State Personnel Board consisting of the Secretary of the Department of Administration or his or her designee who serves as an ex officio nonvoting member and five members appointed by the Governor, with the advice and consent of the Senate, for terms of four years and until the appointment of their successors.

No more than four members may be of the same political party.

Four members of the board constitute a quorum.(b) A member of the board may not be removed from office except for official misconduct, incompetence, neglect of duty, gross immorality or malfeasance and then only in the manner prescribed in article six, chapter six of this code for the removal by the Governor of state elected officers.(c) Citizen members of the board shall each be compensated for attending official meetings or engaging in official duties not to exceed the amount paid to members of the Legislature for their interim duties, as recommended by the Citizens Legislative Compensation Commission as authorized by law, and may be reimbursed actual and necessary expenses incurred for each day or portion thereof engaged in the discharge of official duties in a manner consistent with guidelines of the Travel Management Office of the Department of Administration.(d) The Secretary of the Department of Administration or his or her designee serves as Chair of the Board.

The Board shall meet at the time and place specified by the call of the Chair.

At least one meeting shall be held in each month.

All meetings shall be open to the public.

Notice of each meeting shall be given in writing to each member by the Director at least three days in advance of the meeting period.(e) In addition to other powers and duties invested in it by this article or by any other law, the board shall:(1) Propose rules for legislative approval, in accordance with chapter twenty-nine-a of this code, to implement the provisions of this article;(2) Interpret the application of this article to any public body or entity;

and(3) Authorize and conduct any studies, inquiries, investigations or hearings in the operation of this article it considers necessary.(f) The Director or the Board may subpoena and require the attendance of witnesses in the production of evidence or documents relevant to any proceeding under this article.  §29-6-7.

appointment;

The director shall be a person knowledgeable of the application of the merit principles in public employment as evidenced by the obtainment of a degree in business administration, personnel administration, public administration or the equivalent or at least five years of adequate administrative experience.

The salary for the director shall be that which is set out in section two-a, article seven, chapter six §6-7-2a of this code.code.(b) The director shall:(1) Consistent with the provisions of this article, administer the operations of the division, allocating the functions and activities of the division among sections as the director may establish;(2) Maintain a personnel management information system systems necessary to carry out the provisions of this article;(3) Supervise payrolls and audit payrolls, reports or transactions for conformity with the provisions of this article;(4) (3) Plan, evaluate, administer and implement personnel programs and policies in state government and to political subdivisions after agreement by the parties;(5) (4) Supervise Prescribe and provide training and consultation to appointing authorities regarding the employee selection process and employ performance evaluation procedures;(6) (5) Develop programs to improve efficiency and effectiveness of the public service, including, but not limited to, employee training, development, assistance and incentives, which, notwithstanding any provision of this code to the contrary, may include a one-time monetary incentive incentives for recruitment and retention of employees;

(b)in Thecritically directorunderstaffed shall:classifications.

(1)The Consistentdirector, within theconsultation provisionswith of this article, administer the operationsboard, ofshall thedetermine division,which allocatingclassifications theare functionscritically andunderstaffed. activities of the division among sections as the director may establish;

(2)The Maintainone-time systemsmonetary necessaryincentive toprogram carryshall outcontinue theuntil provisionsJune of30, this2009. article;

(3)The Plan,director evaluate,shall administerreport andannually implementon personnelor programsbefore andDecember policies31, commencing in statethe governmentyear and2007, to politicalthe subdivisionsJoint afterCommittee agreementon byGovernment theand parties;Finance.

(4)The Prescribeannual andreport shall provide trainingall relevant information on the one-time monetary incentive program and consultationthe understaffed classifications in state agencies;(7) (6) Establish pilot programs and other projects for a maximum of one year outside of the provisions of this article, subject to appointingapproval authoritiesby regardingthe board, to be included in the annual report;(8) Establish and provide for a public employee selectioninterchange processprogram and employmay performanceprovide evaluationfor procedures;a voluntary employee interchange program between public and private sector employees.

(5)(7) DevelopEstablish programsand toapply, improvein efficiencyconsultation with appointing authorities, department-specific classification and effectivenesscompensation ofplans for classified employees;(9) (8) Establish an internship program;(10) (9) Assist the publicGovernor service,and including,Secretary butof notthe limitedDepartment to,of employeeAdministration training,in development,general assistanceworkforce planning and incentives,other which,personnel notwithstandingmatters;(11) any(10) provisionMake ofan thisannual codereport to the contrary,Governor and Legislature and all other special or periodic reports as may includebe monetaryrequired;(12) incentives(11) forAssess recruitmentcost andcosts retentionfor ofspecial employees;or other services;

(6)and(13) EstablishRecommend pilotrules programsto andthe otherboard projects for aimplementation maximum of one year outside of the provisions of this article,article; to be included in the annual report;

(7)and(14) EstablishConduct schools, seminars or classes for supervisory employees of the state regarding handling of complaints and apply,disciplinary inmatters consultationand withthe appointingoperation authorities,of department-specificthe classificationstate personnel system.(12) Improve the effectiveness and compensationefficiency plansof forstate classifiedgovernment employees;through the development of a skilled workforce by providing:

(8) Establish an internship program;

Enr CS for HB 5441 (9) Assist the Governor and Secretary of the Department of Administration in general workforce planning and other personnel matters;

(10) Make an annual report to the Governor and Legislature and all other special or periodic reports as may be required;

(11) Assess costs for special or other services;

and (12) Improve the effectiveness and efficiency of state government through the development of a skilled workforce by providing:

and (C) Consulting to foster higher competency in critical managerial functions, ensure that public funds are expended judiciously, and promote respectful and satisfying customer service.service.  §29-6-8.

§29-6-8.

[Repealed.][Repealed.]  §29-6-9.

[Repealed.][Repealed.]  §29-6-10.

Rules of division Rule-making authority.

(a) The board The division shall have the authority may promulgate, adopt, amend, or repeal rules, according to chapter twenty-nine-a pursuant to §29A-3-1 et seq.

of this code, to implement the provisions of this article:article:(1) For the preparation, maintenance, and revision of a position classification plan for all positions in the classified service, including, as needed, department-specific classifications and positions and a position classification plan for all positions in the  classified-exempt service, based upon similarity of duties performed and responsibilities assumed.

(1)so Forthat the preparation,same maintenance,qualifications andmay revisionreasonably ofbe arequired position classification plan for alland positionsthe insame theschedule classifiedof service,pay including,may asbe needed,equitably department-specificapplied classificationsto andall positions basedin uponthe similaritysame ofclass. duties performed and responsibilities assumed.

AfterExcept eachfor classificationpersons planemployed hasby beenthe approvedgoverning byboards theof directorhigher andeducation, theall headpersons ofreceiving thecompensation department,as thea directorwage shallor allocatesalary, everyfunded positioneither in thepart classifiedor servicein towhole oneby of the classesstate, are included in either the position classification plan for classified plan.service or classified-exempt service.

EnrAfter CSeach forsuch HBclassification 5441plan Anyhas employeebeen affectedapproved by the allocationboard ofdirector aand positionthe tohead aof classthe shall,department, after filing with the director ofshall personnelallocate athe writtenevery requestposition forof reconsiderationevery thereofemployee in such manner and form as the directorclassified mayservice prescribe, be given a reasonable opportunity to beone heardof thereonthe byclasses in the director.classified plan.

Theand interestedthe appointingposition authorityof shallevery beemployee givenin likethe opportunityclassified-exempt service to beone heard.of the positions in the classified-exempt plan.

(2)Any Foremployee affected by the preparation,allocation maintenance,of anda revisionposition to a class shall, after filing with the director of personnel a paywritten planrequest for allreconsideration employeesthereof in thesuch classifiedmanner service,and including,form as needed,the department-specificdirector classificationsmay andprescribe, positions,be aftergiven consultationa withreasonable appointingopportunity authoritiesto andbe theheard statethereon fiscalby officers.the director.

The interested appointing authority shall be given like opportunity to be heard.(2) For the preparation, maintenance, and revision of a pay plan shallfor becomeall effectiveemployees onlyin the classified service, including, as needed, department-specific classifications and positions, after approvalconsultation bywith appointing authorities and the Governor.state fiscal officers.

and after a public hearing held by the board.

Such The pay plan shall become effective only after it has been approved approval by the Governor.

after submission to him by the board.

The principle of equal pay for equal work in the several agencies of the state government shall be followed in the pay plan as established hereby.

(3) For open competitive examinations to test the relative fitness the open competition of applicants for the respective positions in the classified service.

TheSuch competitionexaminations mayneed not be byheld examinationuntil orafter bythe reviewrules ofhave been adopted, the training,service experience,classified and othera qualificationspay requiredplan forestablished, abut position and shall be announcedheld publiclynot atlater leastthan fiveone calendaryear daysafter inthis advancearticle oftakes theeffect. date fixed for the filing of applications therefor, and may be advertised through the press, radio, or other media.

Such examinations The directorcompetition may,may however,be inby hisexamination or herby discretion,review continueof tothe receivetraining, applicationsexperience, and examineother candidatesqualifications longrequired enoughfor toa assureposition aand sufficientshall numberbe ofannounced eligiblepublicly candidatesat toleast meetfifteen thefive needscalendar days in advance of the servicedate andfixed mayfor add the namesfiling of eligibleapplications candidatestherefor, toand existingmay eligiblebe listsadvertised inthrough accordancethe withpress, theirradio, respectiveand ratings.or other media.

The director may, however, in his or her discretion, continue to receive applications and examine candidates long enough to assure a sufficient number of eligibles eligible candidates to meet the needs of the service and may add the names of successful eligible candidates to existing eligible lists in accordance with their respective ratings.An additional five points shall be awarded to the score of any examination successfully completed by a veteran.

Provided, That a disabled veteran shall be is entitled to an additional 10 points, rather than five points.

(4)as aforesaid, upon successful completion of any examination.(4) For promotions within the classified service which shall give appropriate consideration to consider the applicant's qualifications, record of performance, seniority, and his or her score on a written examination, Enr CS for HB 5441 when such examination is practicable..practicable.

WhenAn anyadvancement benefit such as a promotion, wage increase, or transfer is to be awarded, or when a withdrawal of a benefit such as a reduction in pay,rank a layoff, or jobgrade termination is to be made, and a choice is required between two or morean employeesincrease in thesalary classifiedbeyond service as to who will receive the benefitmaximum orfixed havefor the benefitclass withdrawn, and if some or all of the eligible employees have substantially equal qualifications and records of performance, consideration shall beconstitute given to the level of seniority of each of the respective employees as a factorpromotion. in determining which of the employees will receive the benefit or have the benefit withdrawn.

TheWhen divisionany benefit such as a promotion, wage increase, or transfer is to be awarded, or when a withdrawal of a benefit such as a reduction in itspay, classificationa planslayoff, may,or forjob designatedtermination classifications,is permitto substitutionbe made, and a choice is required between two or more employees in the classified service as to who will receive the benefit or have the benefit withdrawn, and if some or all of qualifyingthe experienceeligible foremployees specifichave educationalsubstantially equal or trainingsimilar requirementsqualifications atand records of performance, consideration shall be given to the level of seniority of each of the respective employees as a ratefactor determinedin bydetermining which of the director.employees will receive the benefit or have the benefit withdrawn, as the case may be.

(5)When Foran layoffsemployee dueclassified toin businessa necessitysecretarial andor forclerical recallposition ofhas, laidirrespective offof employees,job considerationclassification, shallactual bejob givenexperience related to anthe employee'squalifications seniorityfor asa measuredmanagerial byor permanentsupervisory employmentposition, inthe division shall consider the classifiedexperience serviceas orqualifying aexperience statefor agency.the position.

InThe thedivision eventin thatits theclassification agencyplans wishesmay, tofor laydesignated offclassifications, apermit moresubstitution seniorof employee,qualifying theexperience agencyfor mustspecific demonstrateeducational thator thetraining seniorrequirements employeeat cannota performrate determined by the jobdivision dutiesdirector.(5) For layoffs by classification for reason of alack positionof heldfunds byor lesswork, senioror employeesabolition withinof thata agencyposition, or material changes in theduties jobor classorganization, or any otherloss equivalentof orposition lowerbecause jobof classthe provisions of this subdivision due to business necessity and for whichrecall of laid off employees so laid off, consideration shall be given to an employee's seniority as measured by permanent employment in the seniorclassified employeeservice isor qualified:a state agency.

Provided,In Thatthe ifevent anthat employeethe refusesagency wishes to acceptlay off a positionmore insenior aemployee, lowerthe jobagency class,must suchdemonstrate that the senior employee shallcannot retainperform allany rightsother the job duties of recalla asposition provided.held by less senior employees within that agency in the job class or any other equivalent or lower job class for which the senior employee is qualified:

(6)Provided, That if an employee refuses to accept a position in a lower job class, such employee shall retain all rights of recall as hereinafter provided.(6) For recall of employees, recall shall be by reverse order of layoff to any job class that the employee has previously held or a lower class in the series within the agency as that job class becomes vacant.

No new employees shall be may be hired for any vacancy in his or her job class or in a lower job class in the series until all eligible employees on layoff are given the opportunity to refuse that job class.

An employee shall be recalled onto into jobs within the county wherein his or her last place of employment is located or within a county contiguous thereto to that county.

Any laid-off employee who is Enr CS for HB 5441 eligible for a vacant position shall be notified by certified mail of the vacancy.

It shall be is the responsibility of the employee to notify the agency of any change in his or her address.address.Notwithstanding any other provision of the code to the contrary, except for the provisions of section seven, article two, chapter five-b of this code, when (A) When filling vacancies in the classified system at state agencies the directors of state agencies the appointing authority shall, for a period of 12 months after the layoff of a permanent classified employee in another agency, give preference to qualified permanent classified employees based on seniority and fitness over all but existing employees of the agency or its facilities.

(A)Provided, WhenThat fillingemployment(B) vacanciesEmployment inof thethese classifiedpersons systemwho theare appointingqualified authorityand shall,who forwere apermanently periodemployed ofimmediately 12prior monthsto aftertheir layoff shall not supersede the layoffrecall rights of aemployees permanentwho classifiedhave employeebeen inlaid anotheroff agency,in givesuch preferenceagency toor qualifiedfacility.(7) permanentFor classifiedthe employeesestablishment basedof oneligible senioritylists andof fitnesseligible overcandidates allfor butappointment existingand employeespromotion ofwithin the agencyclassified orservice. its facilities.

(B)upon Employmentwhich oflists theseshall personsbe whoplaced arethe qualifiednames andof whosuccessful werecandidates permanentlyin employed immediately prior to their layoff shall not supersede the recallorder rights of employeestheir whorelative haveexcellence been laid off in suchthe agencyrespective orexaminations. facility.

(7) For the establishment of lists of eligible candidates for appointment and promotion within the classified service.

An appointing authority shall make his or her selection from the top ten 20 names on the appropriate lists of eligibles eligible candidates or may choose any person scoring at or above the ninetieth 80th percentile on the examination.examination.(8) For the establishment of eligible lists of eligible candidates for preference as provided in subdivision (6) of this section, a list shall be provided according to seniority.

(8)An Forappointed theappointing establishmentauthority ofshall listsmake ofthe eligibleselection candidates for preference as provided in subdivision (6) of thisthe section,most asenior listqualified shallperson: be provided according to seniority.

AnProvided, appointingThat authorityeligibility for appointment from any such list shall makecontinue not longer than one year and shall cease immediately upon appointment to a classified position.(8) (9) For the selectionrejection of candidates or eligibles within the mostclassified, seniorclassified-exempt, qualifiedand person:exempt service who fail to comply with reasonable requirements in regard to regarding such factors as age, physical condition, character, criminal background, training, and or experience, who are addicted to alcohol or narcotics or who have attempted any deception or fraud in connection with an examination.(9) (10) For a period of probation probationary period not to exceed one year before appointment or promotion may be made complete permanent within the classified service.(10) (11) For provisional employment without competitive examination within the classified service when there is no appropriate eligible list of eligible candidates available.

Provided,No Thatsuch eligibilityprovisional foremployment appointmentmay fromcontinue anylonger listthan six months, nor shall continuesuccessive notprovisional longerappointments thanbe oneallowed, except during the first year andafter shallthe ceaseeffective immediatelydate uponof appointmentthis article, in order to aavoid stoppage of orderly conduct of the business of the state.(11) (12) For keeping the maintenance of records of performance of all employees in the classified position.service, which service records may be considered in determining salary increases and decreases provided in the pay plan;

(9) For the rejection of candidates within the classified, classified-exempt, and exempt service who fail to comply with reasonable requirements regarding such factors as age,a physicalfactor condition, character, criminal background, training, or experience, who are addicted to alcohol or narcotics or who have attempted any deception or fraud in connectionpromotion withtests anpromotions; examination.

(10)as For a probationaryfactor periodin notdetermining tothe exceedorder oneof yearlayoffs beforebecause appointmentof maylack beof madefunds permanentor withinwork theand classifiedin service.reinstatement;

Enrand CSas fora HBfactor 5441in (11)suspensions, Fordemotions, provisionaldischarges employmentdismissals, withoutand competitivetransfers. (12) examination(13) withinFor thedischarge classifieddismissal serviceor whenreduction therein isrank noor appropriategrade listonly for cause of eligibleemployees candidatesin available.the classified service.

(12)Discharge ForDismissal theor maintenancereduction of recordsthese ofemployees performanceshall oftake allplace employeesonly inafter the classifiedperson service,to whichbe maydischarged bedismissed consideredor inreduced determininghas salarybeen increasespresented with the reasons for such discharge the dismissal or reduction stated in writing, and decreaseshas providedbeen allowed a reasonable time to reply thereto in writing, or upon request to appear personally and reply to the payappointing plan;authority or his or her deputy designee:

asProvided, aThat factorupon inan promotions;involuntary discharge dismissal for cause, the employer may require immediate separation from the workplace, or the employee may elect immediate separation.

andIf asseparation ais factorrequired by the employer in suspensions,lieu demotions,of dismissals,any andadvance transfers.notice of discharge dismissal, or if immediate separation is elected by an employee who receives notice of an involuntary discharge dismissal for cause, the employee is entitled to receive severance pay attributable to time the employee otherwise would have worked, up to a maximum of 15 calendar days following separation.

(13)Receipt Forof dismissalseverance orpay reductiondoes innot rankaffect orany gradeother onlyright forto causewhich ofthe employeesemployee inis entitled with respect to the classifieddischarge service.dismissal.

DismissalThe orstatement reduction of these employees shall take place only after the person to be dismissed or reduced has been presented with the reasons for the dismissal or reduction stated in writing, and hasthe beenany allowed a reasonable time to reply theretoshall inbe writing,filed oras upona requestpublic torecord appearwith personally and reply to the appointingdirector. authority or his or her designee:

Provided,Notwithstanding Thatthe foregoing provisions of this subdivision, no a permanent employee shall not be discharged dismissed from the classified service for absenteeism upon anusing involuntaryall dismissalentitlement to solely due to exhausting all annual leave and sick leave when such use has been due to illness or injury as verified by a physician's certification or for cause,other extenuating circumstances beyond the employeremployee's maycontrol requireunless immediateexcept separationwhen his or her disability is of such a nature as to permanently incapacitate him or her from the workplace,performance orof the employeeduties mayof electhis immediateor separation.her position or renders his or her services unreliable.

IfUpon separationexhaustion isof requiredannual byleave theand employersick inleave lieucredits offor anythe advancereasons noticespecified ofherein dismissal,and orwith ifcertification immediateby separationa isphysician electedthat bythe an employee whois receivestemporarily noticeunable ofto anperform involuntaryhis dismissalor forher cause,duties, thea permanent employee isshall entitledbe togranted receivea severancemedical payleave attributableof toabsence timewithout thepay employeefor otherwisea wouldperiod havenot worked, up to aexceed maximumsix ofmonths: 15 calendar days following separation.

ReceiptProvided, ofThat severanceif paysuch doesemployee is not affectpermanently anyunable other right to whichsatisfactorily perform the employeeduties isof entitledhis withor respecther toposition. the dismissal.

TheProbationary statementand permanent state employees are eligible for a medical leave of reasonsabsence without pay for the dismissalperiod andof anytime replyduring shallwhich behe filedor asshe is receiving temporary total disability benefits for a publicpersonal recordinjury withthat occurred in the director.course of and resulting from state employment.(14) For facilitating the efficient hiring, allocation, and assignment of personnel by the departments and agency heads;

Notwithstanding the foregoing provisions of this subdivision, a permanent employee shall not be dismissed from the classified service for absenteeism solely due to exhausting all annual leave and sick leave when such use has been due to illness or injury as verified by a physician's certification or for other extenuating circumstances beyond the employee's control except when his or her disability is of such a nature as to permanently incapacitate him or her from the performance of the duties of his or her position or renders his or her services unreliable.

Upon exhaustion of annual leave and sick leave for the reasons specified herein and with certification Enr CS for HB 5441 by a physician that the employee is temporarily unable to perform his or her duties, a permanent employee shall be granted a medical leave of absence without pay for a period not to exceed six months:

Provided, That such employee is not permanently unable to satisfactorily perform the duties of his or her position.

Probationary and permanent state employees are eligible for a medical leave of absence without pay for the period of time during which he or she is receiving temporary total disability benefits for a personal injury that occurred in the course of and resulting from state employment.

(14) For facilitating the efficient hiring, allocation, and assignment of personnel by the departments and agency heads;

andand(13) (16) For such any other rules,rules and administrative regulations, not inconsistent with this article, as may be proper and necessary for its enforcement.

(14) (b) The board director shall periodically review and approve by rules the establishment of all classified-exempt positions by the departments and agencies of the state to assure ensure consistent interpretation of the provisions of this article.article.(c) The provisions of this section are subject to any modifications contained in chapter five-f §5F-1-1 et seq.

(c) The provisions of this section are subject to any modifications contained in §5F-1-1 et seq.

The board division may include in the rules provided for in this article such provisions as are necessary to conform to regulations and standards of any federal agency governing the receipt and use of federal grants-in-aid by any state agency, anything in this article to the contrary notwithstanding.

The board and the director shall see that rules and practices meeting such standards are in effect continuously after the effective date of this article.article.(d) Nothing in the rules provided for in this section may conflict with the requirements of §5B-1-2, §5B-2-1, §5B-2i-4, §5F-2-8, §5F-2-9, §5F-2-10, or §29-1-1a of this code.

Enr  CS§29-6-10a. for HB 5441 (d) Nothing in the rules provided for in this section may conflict with the requirements of §5B-1-2, §5B-2-1, §5B-2i-4, §5F-2-8, §5F-2-9, §5F-2-10, or §29-1-1a of this code.

§29-6-10a.

except such records as the rules may properly require to be held confidential for reasons of public policy, shall be public records and shall be open to public inspection, subject to reasonable regulations as to the time and manner of inspection which may be prescribed by the director.

(a) Whenever a job opening occurs within the classified service, the appointing authority shall, in addition to any other requirement of law or regulation rule for the posting of job opening notices, at least ten five calendar days before making an appointment to fill the job opening, post a notice within the building or facility where the duties of the job will be performed and throughout the agency, or through electronic or social media readily available to the public and the employees of the agency.

The which notice states shall state that a job opening has occurred and describedescribes the duties to be performed by a person employed in that position..position..(b) If an individual a person selected for a posted vacancy within the first ten work 30 calendar days of employment:

(b)(1) IfRefuses arefuses person selected for a posted vacancy within the firstoffer 30 calendar days of employment:employment;

(1) refuses the offer of employment;

or (3) resigns or otherwise separates from employment, the appointing authority is not required to repost the vacancy prior to another appointment to the position if the appointment is made within thirty 60 calendar days and the selection is made from the pool of eligible applicants from which the first employee was hired.

Enr  CS for HB 5441 §29-6-25.

[Repealed.]   §29-6-27.

  ARTICLE 10.

ELIMINATING THEthe BUREAUBureau OFof SOCIALSocial SERVICESServices EXEMPTION FROM THEWEST VIRGINIA the DIVISION OF PERSONNEL.

(a)The LegislativeLegislature findingsfinds andthe intent.State of West Virginia is experiencing a child welfare crisis.

–From (1)2016 Theto several2020, exemptions from centralized administration of the state’schild personnelprotective haveservice createdvacancy multiple,rate redundant,has inefficient,increased andfrom overly9.7 complexpercent personnelto and33 humanpercent. resources systems in several parts of state government;

andThis (2)significant Shiftinglack toof astaffing centralizedhas oversightcaused system that includes necessary flexibility for all state departments—instead of a fewdelay favoredin agencies—wouldresponse facilitatetimes theto streamliningbegin ofinvestigations. state government and ensure the proper management of the state executive personnel systems.

(b)During Beginningthe onsame Julytime 1,period, 2026, the Bureauaverage forhours Social Service’s authority to establishstart a classifiedchild systemprotective forservice personnelinvestigation administrationafter underreferral thiswent articlefrom is119.1 abolishedhours andin all2016 personnel within the classified system created under this article shall be subject to thenow provisionsaveraging of428.1 §29-6-hours 1in et2020. seq.

This significant failure to begin the investigation can and has cost lives.

The Legislature finds that the Bureau for Social Services is having extreme difficulty recruiting and retaining child protective service workers, youth service workers, adult protective service workers, and other related workers, including necessary casework support personnel and managers at the county level, who assist in the provision of services to vulnerable populations.(a) Legislative findings and intent.

–(1) The several exemptions from centralized administration of the state’s personnel have created multiple, redundant, inefficient, and overly complex personnel and human resources systems in several parts of state government;

and(2) Shifting to a centralized oversight system that includes necessary flexibility for all state departments—instead of a few favored agencies—would facilitate the streamlining of state government and ensure the proper management of the state executive personnel systems.

 (b) Beginning on July 1, 2026, the Bureau for Social Service’s authority to establish a classified system for personnel administration under this article is abolished and all personnel within the classified system created under this article shall be subject to the provisions of §29-6-1 et seq.

(1) (1) Any and all job classifications, specifications, and compensation structures established by the bureau, prior to July 1, 2026, by the authority granted under this section, shall transfer to the oversight and administration of the Division of Personnel;

andand(2) (2) Following the transfer, the Division of Personnel shall not modify the job classifications, specifications, and compensation structures created pursuant to this article prior to July 1, 2026, Enr CS for HB 5441 except with the consent of the Secretary of the Department of Human Services or as provided in §5F-2-10 of this code.

  §49-10-102.

Bureau Bureau for Social Service employees exempt from Division of Personnel.

[Repealed.] [Repealed.]   §49-10-103.

Bureau Bureau for Social Service employees no requirement uniformity in pay scale.

[Repealed.][Repealed Enr   AdoptedRejected CS for HB 5441 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

...............................................................

Clerk of the House of Delegates ...............................................................

Clerk of the Senate Originated in the House of Delegates.

In effect July 1, 2026.

...............................................................

Speaker of the House of Delegates ...............................................................

President of the Senate __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2026.

.............................................................

Governor 21