HB106 SFAT TRUMP 6-12

Lovell 7980

Senator Trump moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for House Bill No. 106 -- A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-24; to amend said code by adding thereto a new section, designated §4-3-6; to amend said code by adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5, §5-30-6 and §5-30-7; and to amend said code by adding thereto a new section, designated §51-3-19, all relating to furloughing of state government employees generally; defining terms; authorizing the Governor to declare a fiscal emergency under certain circumstances; requiring the Governor to declare a fiscal emergency under certain circumstances; establishing criteria which constitute a fiscal emergency; establishing limits on the length of time a declared fiscal emergency may be in effect; requiring the Legislature to be convened prior to the declaration of a subsequent fiscal emergency on the same circumstance or circumstances as a previous fiscal emergency in the same fiscal year; authorizing the Governor to order furloughs of state employees under his or her supervision and control during a declared fiscal emergency; clarifying that the Governor has authority to furlough employees of the Department of Education and the State Board of Education; authorizing presiding legislative officers to furlough employees of their respective houses during a declared fiscal emergency; authorizing the furloughing of employees of the Joint Committee on Government and Finance during a declared fiscal emergency by the joint agreement of the President of the Senate and the Speaker of the House of Delegates; authorizing state elected constitutional officers to furlough employees under their respective supervision and control during a declared fiscal emergency; authorizing the Supreme Court of Appeals to furlough judicial employees under its supervision and control during a declared fiscal emergency; establishing protections related to employees health insurance and retirement during a fiscal emergency; setting conditions of and procedures for any furlough implemented; prohibiting use of accrued annual leave and sick leave by employees during the time they are furloughed and creating exemptions thereto; prohibiting time while on furlough status from being used to accrue sick and annual leave; clarifying that time on furlough shall count for purposes of retirement service credit; authorizing the Secretary of Administration to promulgate emergency rules regarding the furlough of state employees and requiring the proposal of legislative rules thereto applicable; clarifying the applicability of other laws related to eligibility for unemployment compensation and wage payment collection to employees during a fiscal emergency; authorizing employers to designate employees and positions exempt from furlough and establishing the criteria for such exemptions; and exempting being furloughed from giving rise to a right of grievance or appeal.