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Introduced Version Senate Bill 519 History

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Key: Green = existing Code. Red = new code to be enacted
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.)
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