HB 5441: Reforming State Personnel System - West Virginia

hb5441 s jud am _1 adopted.htm → Enrolled Committee Substitute · 7 edits · Mar 27, 2026

MODERATE

This bill terminates the State Personnel Board and transfers its authority to the Division of Personnel to streamline state hiring. It eliminates special merit-based personnel systems for the Department of Transportation, Department of Revenue (Tax Division), and Bureau for Social Services, bringing these employees under the standard civil service system starting July 1, 2026. While most employees will lose their special exemptions, new hires and those promoted after the effective date in these specific departments will be exempt from standard civil service rules and grievance procedures.

Scope change

The bill significantly narrows the scope of special personnel systems by abolishing them for three specific agencies (DOT, Tax Division, and Bureau for Social Services) and centralizing oversight under the Division of Personnel, while simultaneously removing the State Personnel Board entirely.

ENFORCEMENT

The State Personnel Board is abolished, and its powers, duties, and assets are transferred to the Director of the Division of Personnel.

ELIGIBILITY

Special merit-based personnel systems for the Department of Transportation, Department of Revenue Tax Division, and Bureau for Social Services are eliminated, subjecting existing employees to the standard civil service system.

New hires and promoted employees within the Department of Transportation and Bureau for Social Services are exempt from the classified civil service system and state grievance procedures beginning July 1, 2026.

TIMELINE

The new personnel rules and the abolition of special systems take effect on July 1, 2026.

REQUIREMENT

Job posting requirements for classified service openings were shortened from ten days to five days.

DEFINITION

Definitions for 'Administrator' and 'Agency' were simplified to remove specific titles and clarify that individual units within an agency are not separate agencies.

TECHNICAL

Archaic provisions regarding veteran point systems and specific historical dates were removed or modernized.

Engrossed Committee Substitute → hb5441 s jud am _1 adopted.htm · 6 edits

MODERATE

This amendment shifts HB 5441 from a 'Committee Substitute' version to a 'Judiciary Amendment' version, significantly altering the bill's effective date and scope. The most critical change moves the effective date for the Department of Transportation personnel reforms from July 1, 2026, to January 1, 2022, effectively retroactively applying the new rules. Additionally, the amendment clarifies that only employees who were already in the classified system as of June 30, 2026, retain their status upon the transition, rather than all current employees. The bill also removes the State Personnel Board entirely, transferring its authority to the Division of Personnel, and repeals several sections related to the Bureau for Social Services.

Scope change

The bill's scope was narrowed regarding the State Personnel Board (now fully terminated) and the Bureau for Social Services (exemptions repealed), while the applicability of the Department of Transportation reforms was expanded retroactively to 2022.

TIMELINE

The effective date for Department of Transportation personnel reforms was changed from July 1, 2026, to January 1, 2022, making the changes retroactive.

ELIGIBILITY

Eligibility for retaining classified status in the Department of Transportation was restricted to employees who were members of the system as of June 30, 2026, rather than all current employees.

ENFORCEMENT

The State Personnel Board was fully terminated, with all its powers and duties transferred to the Division of Personnel.

SCOPE

Exemptions for the Bureau for Social Services and the Bureau of Social Services from Division of Personnel oversight were repealed.

DEFINITION

Several definitions and procedural terms were updated, including clarifications on 'Class specification' and 'Classified-exempt service'.

REQUIREMENT

Job posting timeframes were adjusted, and the leave donation program was moved from statute to rulemaking authority.

Committee Substitute → Engrossed Committee Substitute · 3 edits · Mar 14, 2026

MINOR

This bill updates the legislative history links to reflect the current 'Engrossed' version and standardizes the capitalization of the session year. It also corrects a capitalization error in the bill's title regarding the 'Committee on Government Organization' and fixes a punctuation inconsistency in the definition of 'Veteran' by changing an em-dash to an en-dash. These are primarily technical and formatting corrections rather than substantive policy changes.

TECHNICAL

Updated the navigation links to display 'Engrossed Version' and 'Committee Substitute' correctly.

Corrected the capitalization of 'Committee on Government Organization' in the bill header.

DEFINITION

Standardized the punctuation in the 'Veteran' definition by changing an em-dash to an en-dash.

Introduced Version → Committee Substitute · 3 edits

MINOR

The bill was amended to correct a section reference regarding job classification modifications and update the scoring threshold for civil service exam selections. Additionally, the text was standardized to reflect the bill's new status as a Committee Substitute rather than the original Introduced Version.

Scope change

The bill's substantive scope regarding personnel systems remains unchanged, but the text now accurately reflects its procedural status as a Committee Substitute.

TECHNICAL

Corrected a citation error in subsection (b)(2) changing the reference from '§5F-2-8(d)' to '§5F-2-8(c)' regarding when the Division of Personnel can modify job classifications.

Updated the header and metadata to reflect the bill's progression from 'Introduced Version' to 'Committee Substitute' and corrected the legislative session text capitalization.

REQUIREMENT

Adjusted the exam scoring requirement in subsection (7) from the 'ninetieth 18th percentile' to the 'ninetieth 80th percentile' to clarify the selection threshold.

Reforming State Personnel System

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