Senate Bill No. 142
(By Senators Tomblin (Mr. President) and Sprouse
By Request of the Executive)
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[Introduced January 14, 2004; referred to the Committee on
Finance.]
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A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §29-6A-13, relating
to creating a special revenue fund for the operation of the
education and state employees grievance board.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §29-6A-13, to read as
follows:
ARTICLE 6A. GRIEVANCE PROCEDURE FOR STATE EMPLOYEES.
§29-6A-13. Special revenue fund for the education and state
employees grievance board; appropriation;
exemptions; disbursements; cost of administering
article.
(a) For the operation of the board, there is hereby created a special revenue fund in the state treasury, designated the
"Employees Grievance Board Fund," which is an interest-bearing
account and may be invested in accordance with the provisions of
article six, chapter twelve of this code, with the interest income
a proper credit to the fund.
(b) The fund shall consist of moneys appropriated by the
Legislature and funds received from all public employers covered by
the grievance procedure established under either article
twenty-nine, chapter eighteen of this code or article six-a,
chapter twenty-nine of this code. Beginning July 1, 2004, and
annually thereafter each public employer covered by either
grievance procedure is hereby authorized and directed to transmit
to the board for deposit in the special revenue fund by the
fifteenth day of August one twentieth of one percent of its
annualized expenditures based on filled full-time equivalent
positions as of the first day of April. For state agencies and
higher education entities, the state budget office will determine
the amount each must pay as of the first day of April for the next
fiscal year. For county boards of education and other public
employers covered by article twenty-nine, chapter eighteen of this
code, the state superintendent of schools will determine the amount
each must pay as of the first day of April for the next fiscal
year. The secretary of the department of administration may exempt that transfer only upon a showing by the requesting public employer
that its continued operation is dependent upon receipt of the
exemption. Disbursements from the fund shall be made in accordance
with an approved expenditure schedule as provided by article two,
chapter five-a of this code and shall be made under the direct
supervision of the board. The board shall maintain accurate records
reflecting the cost of administering the provisions of this
article.
(c)áAnnually the secretary shall provide a report to the
governor and the Legislature on the amount of the special revenue
fund established pursuant to the provisions of this section, the
number of exemptions granted and the public employers receiving
those exemptions.
NOTE: The purpose of this bill is to create a special revenue
account for the operation of the education and state employees
grievance board, funded by employers whose employees are covered by
the board.
This section is new; therefore, strike-throughs and
underscoring have been omitted.