HB3195 H GO AM #1
Wiseman 3383
The Committee on Government Organization moved to amend the bill by striking everything after the enacting clause and inserting in lieu thereof the following:
The Legislature finds that it is the duty of the State of West Virginia to manage appropriations with integrity and transparency. The Legislature also finds that the State of West Virginia’s process for managing funds appropriated for vacant positions allows for appropriations to be repurposed outside the intent of the Legislature and thus should be replaced with new mechanisms by which to reduce unnecessary appropriations.
(a) The State Treasurer shall ensure that personal services appropriations for any vacant positions are transferred to the special account identified in §29-6-23a of this code: Provided, That under no circumstances shall any funds received by or anticipated from the federal government be transferred into this account.
(b) Upon a vacant position being filled, the Division of Personnel will immediately request the State Budget Office to transfer remaining appropriated funds from the special fund referenced in §29-6-23a of this code to the applicable spending unit.
(c) The spending units will immediately request the State Budget Office to transfer the balance of appropriated funds for personal services to the special account referenced in §29-6-23a of this code upon the vacancy of the related position and not use said funds for any other purpose.
During a state of emergency, personal service appropriations for positions that are vacant may be transferred to meet the needs of the particular spending unit during the emergency. Once the state of emergency is declared over, the balance of appropriations will be returned to the special account identified in §29-6-23a of this code.
§29-6-23a. Special fund; personal service appropriations for vacant positions.
(a) There is hereby created in the State Treasury a special fund to be known and designated as the "Division of Personnel Vacant Position Fund”. This fund shall consist of appropriations made by the Legislature for personal service positions that are currently vacant.
(b) Each agency, department, division, or unit of state government with personal service appropriations is hereby authorized and directed to transmit to the division for deposit in said special fund the balance of appropriations for positions that are or become vacant.
(c) Disbursements from the fund shall be made to an appropriate spending unit upon confirmation that:
(1) a vacant position has been filled by a qualified applicant;
(2) overtime is to be paid to employees who have temporarily engaged to meet the responsibilities assigned to the vacant position; or
(3) an independent contractor has been working, pursuant to an agreement with the spending unit, to meet the responsibilities assigned to the vacant position.
(d) The balance of funds remaining at the end of the fiscal year shall be transferred to the Revenue Shortfall Reserve Fund.
(e) The director shall maintain accurate records reflecting the costs of administering the provisions of this article.”
NOTE: The purpose of this bill is to provide for the management of personal service appropriations for vacant positions. The bill provides for findings. The bill provides for the transfer of appropriations for vacant positions. The bill provides for a transfer of appropriations in a state of emergency. Finally, the bill provides for an annual report.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
Adopted
Rejected