HB4561 H R&T AM #1 2-19
The Committee on Roads and Transportation moves to amend the bill on page 1, after the enacting section by striking the remainder of the bill and inserting in lieu thereof the following:
“ARTICLE 6. Civil Service System.
§29-6-4a. Special Appointment Procedures for Division of Highways Personnel.
(a) Legislative Intent. --
(1) The purpose of this section is to allow the Division of Highways to appoint qualified applicants to open positions in the division in a timely manner, in order to ensure that the Division of Highways maintains an adequate workforce to maintain safe roadways for the citizens of West Virginia.
(b) Definitions.—As used in this section:
(1) “Commissioner” means the Commissioner of the West Virginia Division of Highways or his or her designee.
(2) “Director” means the the Director of the West Virginia Division of Personnel or his or her designee.
(c) Development of Special Hiring Process; Requirements.--
(1) The commissioner and the director shall collaborate to develop a special application and appointment process for individuals applying for employment with the Division of Highways.
(2) The special application and appointment process required by this section shall go into effect on July 1, 2016, and must meet the following requirements:
(A) The process may not require the division to post a position for more than one week before selecting an applicant for a position; and
(B) The process will allow a new employee of the Division of Highways to begin working for the division no later than four weeks after the division’s official decision to offer a position to the new employee.
(d) Exemption from Regular Application and Appointment Requirements.--
(1) Effective July 1, 2016, the Division of Highways and the Division of Personnel are required to follow the special process developed pursuant to subsection (c) when seeking applications and making appointments to positions within the Division of Highways.
(2) When seeking applications and making appointments pursuant to the special process required 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 in this article or in any other provision of this code, including those procedures promulgated by legislative rules, subject however to the following exceptions:
(A) This section does not exempt the division or its staff from the requirements of sections twenty and twenty-one of this article, including the prohibition against favoritism, discrimination or otherwise unethical practices related to appointment; and
(B) The provisions of this section shall not be applied in the division procedures applicable to any division position or employee in a manner that disqualifies the division for eligibility for any federal highway funds or assistance.
(e) On or before October 1, 2016, the commissioner shall report to the Joint Committee on Infrastructure regarding the Division of Highway’s compliance with the requirements of this section.
(f) The Commissioner of the Division of Highways and the Director of the Division of Personnel shall jointly propose emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code and shall also propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code as may be necessary to carry out and implement the provisions of this section.
(g) The provisions of this section shall apply notwithstanding any other provision of this article to the contrary”