SUMMARY OF SENATE BILL 1005

Senate Bill 1005 in West Virginia Legislature is a bill that aims to allow the furlough of public employees in the state during declared fiscal emergencies. The bill adds new sections and articles to the existing Code of West Virginia, 1931 to establish the conditions and procedures for implementing furloughs.

SENATE BILL 1005 DETAILS

CHAPTER 4: THE LEGISLATURE

This chapter deals with the furlough of employees of the State Senate and House of Delegates during a declared fiscal emergency. If the Governor declares a fiscal emergency, the President of the Senate can furlough Senate employees, and the Speaker of the House of Delegates can furlough House employees.

During a furlough period, furloughed legislative employees will remain eligible for health insurance benefits, and the Senate or House of Delegates will continue to pay the employer portion of the insurance premium. The furlough period also counts as days employed or worked for retirement eligibility, state service time, and accrual of sick leave or annual leave. Furloughed employees cannot use accrued leave for days they are scheduled to be furloughed.

ARTICLE 2: LEGISLATIVE AUDITOR

This article relates to the furlough of employees of the Legislative Auditor during a declared fiscal emergency. The President of the Senate and the Speaker of the House of Delegates can jointly direct the Legislative Auditor to furlough employees. The benefits for furloughed legislative employees, such as health insurance and leave accrual, remain the same as in Chapter 4.

ARTICLE 3: JOINT COMMITTEE ON GOVERNMENT AND FINANCE

This article deals with the furlough of employees of the Joint Committee on Government and Finance during a declared fiscal emergency. Similar provisions from Chapter 4 and Article 2 apply here, including health insurance benefits and leave accrual for furloughed employees.

CHAPTER 5: GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE, AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

This chapter introduces the concept of a fiscal emergency and describes the conditions that would trigger a declaration of such an emergency by the Governor. A fiscal emergency could involve an overdraft or deficit in the state fund, general revenue, inadequate revenues to make debt service payments, or the absence of a budget for the current fiscal year.

The bill allows the Governor, under the declaration of fiscal emergency, to issue executive orders instituting furloughs for state executive branch employees, excluding Constitutional officers, legislative employees, and judicial employees. The benefits and provisions for furloughed state employees, including health insurance, leave accrual, and reduction in compensation, are similar to those described in the previous chapters.

CHAPTER 51: COURTS AND THEIR OFFICERS

This chapter authorizes the Supreme Court of Appeals to furlough employees of the judiciary, including employees of circuit courts, family courts, and magistrate courts, during a declared fiscal emergency. The benefits and provisions for furloughed judicial employees remain the same as in the previous chapters.

CONCLUSION

This bill allows the Governor to declare a fiscal emergency and implement furloughs for various categories of public employees in West Virginia. The bill sets forth the conditions and procedures for furloughs, as well as the benefits and provisions for furloughed employees.

Sen. Mitch Carmichael

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