FISCAL NOTE

Date Requested: February 08, 2017
Time Requested: 04:47 PM
Agency: Personnel, WV Division of
CBD Number: Version: Bill Number: Resolution Number:
1132 Introduced HB2074
CBD Subject: State Personnel


FUND(S):



Sources of Revenue:

General Fund,Special Fund

Legislation creates:

Neither Program nor Fund



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


The Division of Personnel is unable to measure the costs associated with this bill for the following reasons: 1) The language is unclear in many areas so it is difficult to know to which type of employees the legislation would apply. 2) The costs would depend upon the number of layoffs that occur. As written, the costs of handling recall alone would be prohibitive. 3) The calculations would be greatly impacted by which provisions are applied retroactively, applied to classified exempt employees, applied to temporary positions, etc. The proposed language lacks specificity.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2017
Increase/Decrease
(use"-")
2018
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


The Division of Personnel is unable to measure the costs associated with this bill for the following reasons: 1) The language is unclear in many areas so it is difficult to know to which type of employees the legislation would apply. 2) The costs would depend upon the number of layoffs that occur. As written, the costs of handling recall alone would be prohibitive. 3) The calculations would be greatly impacted by which provisions are applied retroactively, applied to classified exempt employees, applied to temporary positions, etc. The proposed language lacks specificity.



Memorandum


Areas of vagueness and concern include: 1) Language such as "beyond the control of the employee", "compelling reasons", and "from time to time" is very vague. 2) To which type of employees would the legislation would apply (e.g., classified, exempt, temporary, etc.)? 3) Which provisions are to be applied retroactively and to what extent? 4) It is unclear what "voluntary termination" means. 5) It is unclear what "classification category of employment" means. 6) It is unclear what "grades of classification" means. 7) It is unclear what "lateral position" and "lateral area" mean. 8) It is unclear what "given priority" means pertaining to additional duty assignments. The alternative method language seems burdensome and requires voting by employees. 9) The language seems to indicate that an employee may only work 15 minutes and receive a full day of tenure. 10) The bill appears to permit strikes and work stoppages which are currently unlawful. 11) The bill does not address temporary classification upgrades. 12) Using seniority as the sole basis for employment decisions is contrary to merit system principles pertaining to competitive selection. 13) The requirement to repost a position every 30 days would be administratively burdensome and increase expenses.



    Person submitting Fiscal Note: Joe Thomas
    Email Address: joe.f.thomas@wv.gov