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Introduced Version House Bill 3264 History

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hb3264 intr
H. B. 3264


(By Delegate Armstead)
[Introduced March 25, 2005; referred to the
Committee on Industry and Labor, Economic Development and Small Business then Finance.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5F-1-5, relating to establishing a maximum number of employees allowed in a department or separate spending unit of the state, effective the first day of July, two thousand five; legislative findings; definitions; creating a method for departments or separate spending units which are required to create new positions or hire new employees by state or federal legislation or court order to not exceed the maximum number of employees allowed; emergency rule by division of personnel.

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 §5F-1-5, to read as follows:
ARTICLE 1. GENERAL PROVISIONS.

§5F-1-5. Maximum number of employees in a department or separate spending unit.

(a) The Legislature hereby finds and declares that the state currently faces severe budget restraints which have been projected to continue to increase in severity over at least the next five years; that studies conducted by the Legislature find that the state needs to begin immediate remedial action to avoid projected deficits in the state budget. In view of the financial crisis facing the State of West Virginia, the Legislature further finds that it is essential that the efficiency of the operations of the executive branch of state government be increased and that the rate of increase of the expenditures of governmental expenses be curtailed. The Legislature further finds that a freeze on the maximum number of state employees is an essential element of any plan to minimize the projected increase of future expenditures of state government necessary to avoid projected budget deficits.
(b) For purposes of this section:
(1) "Department" means an executive department created in section two of this article;
(2) "Maximum number of employees" means the number of employees that a department or separate spending unit employed as of the first day of January, two thousand five;
(3) "Separate spending unit" means a spending unit as defined in section one, article one, chapter five of this code which is not within a department.
(c) Effective the first day of July, two thousand five:

(1) Departments and separate spending units whose number of employees exceeds the maximum allowable number of employees shall reduce its number of employees to a number that does not exceed the maximum allowable number of employees by attrition, and by elimination or consolidation of positions.
(2) Departments and separate spending units may not hire any new employee or fill any vacant position which causes the department or separate spending unit to exceed the maximum allowable number of employees.
(3) Notwithstanding the provisions of subdivisions (1) and (2) above, if a department or separate spending unit is required to hire employees or create new positions which exceed the maximum number of employees in order to meet requirements of federal or state legislation or court order which becomes effective subsequent to the enactment of this section, such department or spending unit shall reduce the number of employees in other areas or divisions within the department or spending unit to the extent necessary to permit the department or spending unit to ensure that its number of employees does not exceed the maximum number of employees allowed pursuant to this section.
(4) The Director of the Division of Personnel shall adopt an emergency rule to provide guidelines and procedures for departments and separate spending units to implement the provisions of this section.

NOTE: The purpose of this bill is to provide that, effective July 1, 2005, the maximum number of employees allowed in a department or separate spending unit of the state shall be no more than the number of employees that a department or separate spending unit had as of January 1, 2005; the bill also creates a method for departments or separate spending units which are required to create new positions or hire new employees by state or federal legislation or court order so as to not exceed the maximum number of employees allowed, by reducing the number of employees in other areas or divisions.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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