COMMITTEE SUBSTITUTE
FOR
H. B. 4005
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
(Originating in the Committee on Finance)
[February 25, 2004]
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 the first day of July,
two thousand four, and annually thereafter, each public employer
covered by either grievance procedure shall, by the fifteenth day
of August,
transmit to the board for deposit in the special revenue
fund one twentieth of one percent of its annualized expenditures
based on its filled full-time equivalent positions as of the first
day of the preceding April. For state agencies and higher
education entities, the budget office of the division of finance of
the department of administration shall 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 the
transfer of funds to the board as required by this section 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) Annually, the secretary shall provide the governor and the
Legislature a report of the amounts deposited into and expended
from the special revenue fund established pursuant to the
provisions of this section, the number of exemptions granted and
the public employers receiving those exemptions.
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