Senate Bill No. 519
(By Senators Helmick, McCabe, Wells and Foster)
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[Introduced March 9, 2009; referred to the Committee on
Government Organization; and then 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 §5-1-29, relating to
authorizing the Governor to institute an employee furlough
program.
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 §5-1-29, to read as
follows:
ARTICLE 1. THE GOVERNOR.
§5-1-29. Authority to institute employee furlough; exemptions.
(a) In any fiscal year in which the general funds appropriated
for a state agency are less than the general funds appropriated for
that agency in the prior fiscal year, or whenever the Legislature
or Governor implements a budget reduction, the Governor may
institute employee furlough programs in the fiscal year in which
the deficit is projected to occur. The furlough must be inclusive
of all employees in an agency or within a designated department or program regardless of source of funds or place of work. The
furlough must include all classified and unclassified employees in
the designated agency or department. However, a furlough program
may also be implemented based upon pay grade or pay rate. If the
furlough includes an entire agency, the furlough must include the
agency head. Scheduling of furlough days, or portions of days, is
at the discretion of the agency head, but under no circumstances
should the agency close completely.
(b) Employees who provide direct medical patient care and
front-line employees of the Department of Military Affairs and
Public Safety are exempted from a mandatory furlough.
Constitutional officers are exempt from mandatory furlough.
(c) During a furlough as provided in this section, affected
employees are entitled to participate in the same state benefits as
otherwise available to them except for receiving their salaries. As
to those benefits that require employer and employee contributions,
including, but not limited to, contributions to any state public
employees' retirement system or optional retirement program, the
state agencies, institutions and departments are responsible for
making both employer and employee contributions if coverage would
otherwise be interrupted; and as to those benefits which require
only employee contributions, the employee remains solely
responsible for making those contributions.
(d) Placement of an employee on furlough under this provision
does not constitute a grievance or appeal to the West Virginia
Public Employees Grievance Board.
(e) In the event the reduction for the state agency,
institution or department is due solely to the transfer or
termination of a program, this section does not apply. The
implementation of a furlough program authorized by this section
shall be on an agency-by-agency basis. Agencies may allocate the
employee's reduction in pay over the balance of the fiscal year for
payroll purposes regardless of the pay period within which the
furlough occurs. In the event that an agency, upon approval of the
Governor, implements both a voluntary furlough program and a
mandatory furlough program during the fiscal year, furlough days
taken voluntarily shall count toward furlough days required by the
mandatory furlough.
(f) Rules issued pursuant to this section are valid only
during the period of any mandatory furlough and may be issued or
promulgated without complying with the provisions of chapter
twenty-nine-a of this code:
Provided, That a copy of every order or
rule shall be filed in the office of the Secretary of State before
the same is effective.
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(NOTE: The purpose of this bill is to authorize the Governor
to institute an employee furlough program.
§5-1-29 is new; therefore, strike-throughs and underscoring
have been omitted.)