HB2234 GO AM 3-3
Roskovensky 3338
The Committee on Government Organization moves to amend the
bill on page one, line sixteen, by striking everything after the
enacting clause and inserting in lieu thereof the following:
"That §5A-1A-2, §5A-1A-3, §5A-1A-4 and §5A-1A-5 of the Code of West
Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 1A. EMPLOYEE SUGGESTION AWARD PROGRAM.
5A-1A-2. Board created; term of members.
(a) There is hereby continued an employee suggestion award
board which shall be composed of the following members:
(1) The Secretary of Administration or his or her designee;
(2) The Governor's Chief Technology Officer or his or her
designee;
(3) The President of the Senate or his or her designee;
(4) The Speaker of the House of Delegates or his or her
designee,
(5) Two members of the House of Delegates from different
political parties to be appointed by the Speaker of the House of
Delegates,
(6) Two members of the Senate from different political parties
to be appointed by the President of the Senate; and
(7) The Secretary of the Department of Health and Human
resources or his or her designee.
(b) The terms of the members of the board shall be consistent
with the terms of the offices to which they have been elected or
appointed.
5A-1A-3. Duties of board; excluded employees.
It shall be the duty of (a) The board to shall:
(1) Adopt rules governing its proceedings;
(2) to Elect a chairman and secretary;
(3) to Keep permanent and accurate records of its proceedings;
(4) to Establish criteria for making awards;
(5) to adopt rules and regulations to carry out the provisions
of this article, and to approve each award made. Propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code to approve each award
made and carry out the provisions of this article.
(b) In establishing criteria for making awards, the board may
exclude certain levels of positions from participation in the
program, but in no event shall:
(1) The following levels of management, within the spending
unit where the adopted suggestion will result in substantial
savings, be eligible to receive cash awards under the program:
(A) Governor's staff, departmental secretaries and their
equivalent; and
(B) Assistant or deputy secretary, assistant to secretary,
commissioner, assistant or deputy commissioner, major fiscal and
administrative policy departmental staff or their equivalent.
(C) Director or division chief, including the division chief
or director of a statewide program, and which includes a chief of
a division supervising several service units or their equivalent.
(D) Assistant to director or division chief, section chief or
head of major departmental function or their equivalent; and
(2) The following levels of management, not within the
spending unit where the adopted suggestion will result in
substantial savings, be eligible to receive cash awards under the
program:
(A) Governor's staff, departmental secretaries and their
equivalent;
(B) Assistant or deputy secretary, assistant to secretary,
commissioner, assistant or deputy commissioner.
5A-1A-4. Awards.
(a) The maximum cash award approved shall be is limited to 20%
of the first year's estimated savings, as established by the head
of the affected spending unit, or ten thousand dollars $16,000
whichever is less. Any A cash award approved by the board shall be
charged by the head of the affected spending unit against the
appropriation item or items to which such the estimated savings
apply.
(b) After the board has made an award for a suggestion, the
Governor may make a secondary award of up to $5,000 if the
suggestion is implemented in one or more additional state agencies.
The Governor shall pay secondary awards from funds appropriated by
the Legislature for secondary awards.
(c) Beginning December 2013 and every five years after that,
the board shall submit a report to the Joint Committee on
Government and Finance containing:
(1) The amount the maximum award amount would need to be
adjusted to compensate for inflation; and
(2) Its recommendation, if any, addressing the amount the
maximum award amount should be changed.
§5A-1A-5. State ownership of suggestions.
The state shall become becomes the sole owner of all
suggestions accepted by the Employee Suggestion Award board. The
acceptance of a suggestion by the board shall constitute
constitutes an agreement by the employee and the state that all
claims pertaining to the suggestion, immediate and future, on the
State of West Virginia are waived.