Senate Bill No. 138
(By Senators Tomblin, Mr. President, and Boley,
By Request of the Executive)
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[Introduced January 23, 1995; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
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A BILL to amend and reenact section three, article sixteen,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend chapter five-a of
said code by adding thereto a new article, designated
article one-b; to amend and reenact section two-a, article
seven, chapter six of said code; and to amend and reenact
section seven, article six, chapter twenty-nine of said
code, all relating to the center for quality government and
to the salaries of the director of the division of personnel
and director of the public employees insurance agency.
Be it enacted by the Legislature of West Virginia:
That section three, article sixteen, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that chapter five-a of said
code be amended by adding thereto a new article, designated
article one-b; that section two-a, article seven, chapter six of
said code be amended and reenacted; and that section seven, article six, chapter twenty-nine of said code be amended and
reenacted, all to read as follows:
CHAPTER 5. BOARDS AND COMMISSIONS.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES ACT.
§5-16-3. Public employees insurance agency continued;
appointment, qualification, compensation and duties
of director of agency; employees; civil service
coverage; director vested after specified date with
powers of public employees insurance board;
expiration of agency.
(a) The public employees insurance agency, heretofore
created, is continued, and shall consist of the director, the
finance board, the advisory board and such employees as may be
authorized by law. The director shall be appointed by the
governor, with the advice and consent of the Senate. He or she
shall serve at the will and pleasure of the governor, unless
earlier removed from office for cause as provided by law. The
director shall have at least three years experience in health
insurance administration prior to appointment as director. The
director shall receive an annual salary established by the
governor not to exceed
fifty-five sixty-five thousand dollars and
actual expenses incurred in the performance of official business.
The director shall employ such administrative, technical and
clerical employees as shall be required for the proper
administration of the insurance programs herein provided. The
director shall perform such duties as are required of him or her under the provisions of this article and shall be the chief
administrative officer of the public employees insurance agency.
(b) All positions in the agency, except for the director and
his or her personal secretary, shall be included in the
classified service of the civil service system pursuant to
article six, chapter twenty-nine of this code. Any person
required to be included in the classified service by the
provisions of this subsection who was employed in any of the
positions included herein on or after the effective date of this
article shall not be required to take and pass qualifying or
competitive examinations upon or as a condition to being added
to the classified service:
Provided, That no person required to
be included in the classified service by the provisions of this
subsection who was employed in any of the positions included
herein as of the effective date of this section shall be
thereafter severed, removed or terminated in his or her
employment prior to his or her entry into the classified service
except for cause as if such person had been in the classified
service when severed, removed or terminated.
(c) The director shall be responsible for the administration
and management of the public employees insurance agency as
provided for in this article and in connection therewith shall
have the power and authority to make all rules
and regulations
necessary to effectuate the provisions of this article. Nothing
in section four or five of this article shall limit the
director's ability to manage on a day-to-day basis the group insurance plans required or authorized by this article,
including, but not limited to, administrative contracting,
studies, analyses and audits, eligibility determinations,
utilization management provisions and incentives, provider
negotiations, provider contracting and payment, designation of
covered and noncovered services, offering of additional coverage
options or cost containment incentives, pursuit of coordination
of benefits and subrogation, or any other actions which would
serve to implement the plan or plans designed by the finance
board.
(d) The public employees insurance agency shall terminate in
the manner provided in article ten, chapter four of this code,
on the first day of July, one thousand nine hundred ninety-five,
unless extended by legislation enacted before the termination
date.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 1B. Center for quality government.
§5A-1B-1. Findings.
The Legislature finds:
(a) The provision of state government services, like most
other services in our economy, is becoming increasingly complex
and specialized;
(b) State government must invest in training for its
employees and must reduce turnover of experienced employees who
leave state government to learn and earn more in the private
sector; and
(c) That to address these issues, state government agencies
need to establish a center for quality government which, guided
by public and private sector persons familiar with human
resources and professional development, can train and educate
state employees to meet the increasingly complex and specialized
needs of state government and to instill in state employees a
sense of accomplishment and purpose, thus fostering such
employees' continuing commitment to the service of the citizens
of this state.
§5A-1B-2. Center for quality government created; membership.
(a) The center for quality government, hereinafter referred
to as the "center," is hereby established within the department
of administration. The purpose of the center is to assist state
agencies in training and educating their employees and to execute
such specific duties and powers assigned to the center by law.
(b) The center for quality government shall consist of nine
members: The chancellor of the board of trustees, ex officio; the
chancellor of the board of directors, ex officio; the state
superintendent of schools, ex officio; the director of the
division of personnel, ex officio; and five persons appointed by
the governor who have private sector experience on the training
of employees and with other human resource development issues.
The members shall be appointed on or before the first day of
June, one thousand nine hundred ninety-five. Of the initial
appointed members, two shall be appointed for two-year terms and
three shall be appointed for four-year terms. All successive appointments shall be for four-year terms. The director of the
division of personnel shall convene the first meeting of the
center for the purpose of electing a chair, vice-chair, and
secretary and for other organizational purposes. Appointed
members shall be reimbursed for reasonable and necessary expenses
actually incurred in the performance of their official duties
from funds appropriated or otherwise made available for such
purposes upon submission of an itemized statement therefor.
(c) The center shall employ and fix the compensation for an
executive director and such other persons as may be necessary to
carry out the mission and duties of the center. The center may
also contract for any other services needed to carry out its
responsibilities under this article. The provisions of article
three, chapter five-a of this code relating to the division of
purchasing of the department of finance and administration shall
not apply to any contracts for professional services authorized
to be executed by the center under the provisions of this
article. Before entering into any such contract greater than ten
thousand dollars, the center shall invite bids from all vendors
qualified to provide the requested services, dealing directly
with such vendors in presenting specifications and receiving
quotations for bid purposes. The director shall award any such
contract on a competitive basis, taking into account the
experience of the offering vendor, the quality of the vendor's
service and the cost of such services.
§5A-1B-3. Duties and responsibilities.
(a) On the first day of July, one thousand nine hundred
ninety-five, the center shall assume all responsibilities for
employee training and education services previously provided by
the division of personnel and for helping agencies encourage
their employees to exercise the practices and principles deemed
necessary to the continued improvement in the state's delivery of
services to its citizens.
(b) On or before the first day of October, one thousand nine
hundred ninety-five, the center shall develop and begin
implementing a comprehensive plan for helping state agency
administrators develop and improve the following skills:
(1)
Leadership skills: Including the ability to coach and
motivate, encourage team work,
communicate effectively, practice
effective delegation, manage change, resolve conflict, make hard
decisions and practice sound personal values;
(2)
Administrative skills: Including budgeting, personnel
decisions, time management and information systems knowledge; and
(3)
Professional development: Including skills to stay
informed about recent trends in an administrator's field, to
identify gaps in knowledge about that field and to define and
refine career objectives.
The training provided by the plan shall minimize
lecture-oriented training techniques, maximize "real work"
training strategies, and assure adequate preparation and ongoing
evaluation of administrators participating in any resulting
training.
(c) On or before the first day of December, one thousand nine
hundred ninety-five, the center shall recommend to the governor
and to the Legislature such administrative and legislative
actions that may be necessary to increase the ability of state
government to recruit, train and retain highly qualified
administrators. Such recommendations shall address issues
relating to hiring, promotion, termination, career development,
compensation and training.
§5A-1B-4. Center for quality government fund.
(a) For the operation of the center, there is hereby created
in the state treasury a special revolving fund to be known and
designated as the "center for quality government fund." This
fund shall consist of appropriations made by the Legislature,
funds received for training and education services rendered to
other state and local agencies and funds received from the grants
or donations from other sources.
(b) Each state and local agency is hereby authorized and
directed to transmit to the center for deposit in said special
fund the charges made by the center for training and education
services rendered to the agency. For fiscal years one thousand
nine hundred ninety-six and thereafter, such charges shall be
fixed in a schedule or schedules approved by the board and may,
at the direction of the center, be paid in advance of such
services being rendered. Disbursements from the fund shall be
made in accordance with an approved expenditure schedule as
approved by the center's board. Notwithstanding any provision in this code to the contrary, after the first day of July, one
thousand nine hundred ninety-five, no state or local agency shall
be directed to transmit any funds for the purposes of employee
training and education services to the "division of personnel
fund" established by section twenty-three, article six, chapter
twenty-nine.
§5A-1B-5. Advisory council.
To assist the center in the performance of its duties, there
is created an advisory council consisting of one person
designated by each department secretary or bureau commissioner
who is familiar with the human resource, training and education
needs of that particular department or bureau.
§5A-1B-6. Effective date and termination date.
Upon the effective date of this section, the center shall be
established. The center shall terminate on the thirtieth day of
June, one thousand nine hundred ninety-nine, unless extended by
legislation enacted before the termination date.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. Compensation and allowance.
§6-7-2a. Terms of certain appointive state officers;
appointment; qualifications; powers and salaries of
such officers.
(a) Notwithstanding any other provision of this code to the
contrary enacted prior to the first day of January, one thousand
nine hundred ninety-four, each of the following appointive state
officers named in this subsection shall be appointed by the governor, by and with the advice and consent of the Senate. Each
of such appointive state officers shall serve at the will and
pleasure of the governor for the term for which the governor was
elected and until the respective state officers' successors have
been appointed and qualified. Each of such appointive state
officers shall hereafter be subject to the existing
qualifications for holding each such respective office and each
shall have and is hereby granted all of the powers and authority
and shall perform all of the functions and services heretofore
vested in and performed by virtue of existing law respecting each
such office.
Beginning on the first day of July, one thousand nine hundred
ninety-four, the annual salary of each
such named appointive
state officer shall be as follows:
Administrator, division of highways, sixty-five thousand
dollars; administrator, division of health, fifty-seven thousand
two hundred dollars; administrator, division of human services,
forty-seven thousand eight hundred dollars; administrator, state
tax division, forty-nine thousand nine hundred dollars;
administrator, division of energy, sixty-five thousand dollars;
administrator, division of corrections, fifty-five thousand
dollars; administrator, division of natural resources, sixty-five
thousand dollars; administrator, division of public safety, sixty
thousand dollars; administrator, lottery division, sixty thousand
dollars;
director, public employees insurance agency, fifty-five
thousand dollars administrator, division of banking, fifty-five thousand dollars; administrator, division of insurance,
fifty-five thousand dollars; administrator, division of culture
and history, fifty thousand dollars; administrator, alcohol
beverage control commission, sixty thousand dollars;
administrator, division of motor vehicles, fifty-five thousand
dollars; director, division of personnel, fifty thousand dollars;
adjutant general, fifty thousand dollars; chairman, health care
cost review authority, fifty-five thousand dollars; members,
health care cost review authority, fifty-one thousand two hundred
dollars; director, human rights commission, forty thousand
dollars; administrator, division of labor, fifty-five thousand
dollars; administrator, division of veterans affairs, forty
thousand dollars; administrator, division of emergency services,
forty thousand dollars; members, board of parole, forty thousand
dollars; members, employment security review board, seventeen
thousand dollars; members, workers' compensation appeal board,
seventeen thousand eight hundred dollars:
Provided, That as of
the first day of July, one thousand nine hundred ninety-five, the
annual salary for the director, division of personnel, shall be
sixty thousand dollars.
Prior to the first day of July, one thousand nine hundred
ninety-four, each of the aforesaid officers shall continue to
receive the annual salaries they were receiving as of the last
day of December, one thousand nine hundred ninety-three.
(b) Notwithstanding any other provisions of this code to the
contrary enacted prior to the first day of January, one thousand nine hundred ninety-four, each of the state officers named in
this subsection shall continue to be appointed in the manner
prescribed in this code, and, prior to the first day of July, one
thousand nine hundred ninety-four, each of the state officers
named in this subsection shall continue to receive the annual
salaries they were receiving as of the last day of December, one
thousand nine hundred ninety-three, and shall thereafter be paid
an annual salary as follows: State superintendent of schools,
seventy-five thousand dollars; administrator, division of risk
and insurance management, fifty thousand dollars; director,
division of rehabilitation services, fifty-five thousand dollars;
executive director, educational broadcasting authority,
forty-seven thousand five hundred dollars; secretary, library
commission, forty-seven thousand five hundred dollars; director,
geologic and economic survey, forty-seven thousand five hundred
dollars; executive director, water development authority,
fifty-four thousand two hundred dollars; executive director,
public defender services, fifty-five thousand dollars; director,
commission on aging, forty thousand dollars; commissioner, oil
and gas conservation commission, forty thousand dollars;
director, farm management commission, thirty-two thousand five
hundred dollars; director, railroad maintenance authority, fifty
thousand dollars; executive secretary, women's commission, thirty
thousand one hundred dollars; director, regional jail authority,
fifty-five thousand dollars; director, hospital finance
authority, twenty-five thousand eight hundred dollars.
(c) No increase in the salary of any appointive state officer
pursuant to this section shall be paid until and unless such
appointive state officer shall have first filed with the state
auditor and the legislative auditor a sworn statement, on a form
to be prescribed by the attorney general, certifying that his or
her spending unit is in compliance with any general law providing
for a salary increase for his or her employees. The attorney
general shall prepare and distribute such form to the affected
spending units:
Provided, That no decrease in salary shall be
effective for any current appointive state officer appointed
prior to the first day of January, one thousand nine hundred
eighty-nine:
Provided, however, That such decreases shall take
effect at such time as any appointive office is vacated:
Provided further, That the increase provided for the state
superintendent of schools enacted during the regular session, one
thousand nine hundred ninety-four, should not become effective
until the first day of January, one thousand nine hundred
ninety-seven.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 6. CIVIL SERVICE.
§29-6-7. Director of personnel; appointment; qualifications;
powers and duties.
(a) The secretary of the department of administration shall
appoint the director. The director shall be a person
knowledgeable of the application of the merit principles in
public employment as evidenced by the obtainment of a degree in business administration, personnel administration, public
administration or the equivalent and at least five years of
administrative experience in personnel administration.
(b) The director shall:
(1) Consistent with the provisions of this article
administer the operations of the division, allocating the
functions and activities of the division among sections as the
director may establish;
(2) Maintain a personnel management information system
necessary to carry out the provisions of this article;
(3) Supervise payrolls and audit payrolls, reports or
transactions for conformity with the provisions of this article;
(4) Plan, evaluate, administer and implement personnel
programs and policies in state government and to political
subdivisions after agreement by the parties;
(5) Supervise the employee selection process and employ
performance evaluation procedures;
(6)
Develop programs Work with the center for quality
government to improve efficiency and effectiveness of the public
service, including, but not limited to, employee training,
development, assistance and incentives;
(7) Establish pilot programs and other projects for a
maximum of one year outside of the provisions of this article,
subject to approval by the board, to be included in the annual
report;
(8) Establish and provide for a public employee interchange program and may provide for a voluntary employee interchange
program between public and private sector employees;
(9) Establish an internship program;
(10) Assist the governor and secretary of the department of
administration in general work force planning and other personnel
matters;
(11) Make an annual report to the governor and Legislature
and all other special or periodic reports as may be required;
(12) Assess cost for special or other services;
(13) Recommend rules to the board for implementation of this
article; and
(14) Conduct schools, seminars or classes for supervisory
employees of the state regarding handling of complaints and
disciplinary matters and the operation of the state personnel
system.
NOTE: The purpose of the bill is to create a center that
will provide specialized and modern management techniques to
employees of state government. The bill also increases the
salaries of the director of the public employees insurance agency
and the director of the division of personnel by $10,000.00.
Article 1B, Chapter 5A is new, therefore, underscoring and
strike-throughs have been omitted in that article. For all other
provisions, strike-throughs indicate language that would be
stricken from the present law and underscoring indicates new law
that would be added.