HB 2699 — Authorize the Workforce West Virginia to hire additional employees to serve at the Commissioner’s will and pleasure

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for House Bill 2699 By Delegate Capito [Introduced[Originating Februaryin 23,the 2021;Committee on Government Organization;

ReferredMarch to1, the2021] Committee on Government Organization then Finance] A BILL to amend §21A-2-6 of the Code of West Virginia, 1931, as amended, relating to the general powers and duties of the Commissioner of Workforce West Virginia, and authorizing the agency to hire additional employees to serve at the will and pleasure of the Commissioner.

(2) Prescribe uniform rules pertaining to investigations, departmental hearingshearings, and propose rules for promulgation;

(11) Exempt up to 100 positions of the offices of WorkForceWorkforce West Virginia from the classified service of the state, the employees of which positions shall serve at the will and pleasure of the commissioner:commissioner:  Provided, That such exempt positions shall be in addition to those positions in classified and/or classified exempt service under the classification plan adopted by the Division of Personnel.

 Provided,The ThatWorkforce suchWest exemptVirginia positionsCommissioner shall bereport inall additionexemptions tomade thoseunder positionsthis insection classified-exemptto service under the classificationDirector planof adopted by the Division of Personnel.Personnel;

The WorkForce West Virginia Commissioner shall report all exemptions made under this section to the Director of the Division of Personnel as the commissioner determines to be necessary;

The term “agency” includes any unit of state government such as officers, agencies, divisions, departments, boards, commissions, authoritiesauthorities, or public corporations.

(B) The rules shall provide that, before revoking, granting, issuing or renewing any contract, license, permit, certificatecertificate, or other authority to conduct a trade, profession or business to or with any employing unit, the designated agencies shall review a list or lists provided by the bureau of employers Workforce West Virginia that are in default.

If the employing unit's name is not on the list, the agency, unless it has actual knowledge that the employing unit is in default with the bureau Workforce West Virginia, may grant, issueissue, or renew the contract, license, permit, certificate or other authority to conduct a trade, profession or business.

(C) The rules may be promulgated or implemented in phases so that specific agencies or specific types of contracts, licenses, permits, certificatescertificates, or other authority to conduct trades, professions or businesses will be subject to the rules beginning on different dates.

of this code are not applicable or controlling in determining the identity of employing units who are in default for the purposes of this subdivision.

(18) (19) Deposit to the credit of the appropriate special revenue account or fund, notwithstanding any other provision of this code and to the extent allowed by federal law, all amounts of delinquent payments or overpayments, interestinterest, and penalties thereon and attorneys' fees and costs collected under the provisions of this chapter.

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