Bill Summary for H 609 (2019-2020)

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Summary date: 

Aug 21 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 609 (Public) Filed Thursday, April 4, 2019
Intro. by McNeill, Faircloth, R. Turner, Richardson.

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Bill summary

Senate committee substitute deletes the provisions of the 2nd edition and instead provides the following.

Part I.

Appropriates from the General Fund to the Department of Public Safety (DPS) $35,914,734 in recurring funds for the 2019-20 fiscal year and $56,829,468 in recurring funds for the 2020-21 fiscal year to award compensation increases to State adult correctional facility employees pursuant to the act's provisions. Specifies that State funds are appropriated for each year of the 2019-21 fiscal biennium as agency receipts up to the amounts needed to implement the legislatively mandated salary increases set forth in the act for each year of the fiscal biennium. 

Part II.

Mandates the following salary increases. Effective July 1, 2019, awards a State employee who is employed in a State-funded position based in a State adult correctional facility on June 30, 2019, a 2.5% annual salary increase in the 2019-20 fiscal year and any salary adjustment otherwise allowed or provided by law. Similarly, effective July 1, 2020, awards a State employee who is employed in a State-funded position based in a State adult correctional facility on June 30, 2020, a 2.5% annual salary increase in the 2020-21 fiscal year and any salary adjustment otherwise allowed or provided by law. Mandates the award of increases in the same manner for part-time employees on a prorated basis. Sets forth parameters and guidelines for the salary increases and funds appropriated, including prohibiting funds appropriated by the act from being used to provide salary increases in excess of those legislatively mandated, with amounts in excess of that required for implementation required to be credited to the Pay Plan Reserve. Requires the Office of State Budget and Management to report to the specified NCGA committee and division by May 1, 2020, and May 1, 2021, on the expenditure of funds, as specified, under the act for the respective fiscal year. 

Part III.

Establishes a pay differential ranging from 10% to 20% to be applied to a correctional officer's salary during any period of time the officer is assigned to a lower custody level facility and works at a higher custody level facility.

Part IV. 

Deems DPS employees serving in high-need correctional facilities having the highest number of vacancies eligible to receive flat-dollar salary supplements, payable monthly, for up to a two-year period. Sets the minimum base supplement rate at $2,500 annually, and provides for the rates to be based on the facility's staffing difficulty, ranging from Level I to Level III, with vacancy rates ranging from 20% to 30% for at least 12 months in the prior biennium, and corresponding supplements ranging from the base supplement rate to three times the base supplement rate, respectively. Provides that the salary supplement rates assigned to each high-need correctional facility at the beginning of each fiscal biennium is effective for the facility throughout the fiscal biennium. Requires DPS to re-designate high-need facilities at the beginning of each subsequent fiscal biennium based on the same criteria provided. Allows DPS to exclude facilities or assign lower levels to facilities if necessary. Prohibits DPS from providing supplements to facilities that do not meet the minimum criteria provided. Requires unexpended supplement funds at the end of each fiscal year to be distributed proportionally to employees in high-need facilities who were employed at a designated facility for the entire fiscal year. Specifies that the supplements are not compensation for Retirement System purposes.

Part V.

Awards anyone employed in an adult correctional facility as a full-time permanent employee of DPS on July 1, 2019, and eligible to earn annual leave, a one-time additional five days of annual leave credited on July 1, 2019. Provides for part-time employees to receive a pro rata amount of the same leave awarded by the act. Details parameters and limitations for the leave awarded, including that the leave has no cash value and cannot be paid out upon separation or retirement. Adds that any vacation leave remaining on December 31 of each year in excess of 30 days is reduced by the number of days awarded by the act that were actually used by the employee during the year, so that the calculation of vacation leave days that would convert to sick leave reflects the deduction of those days of special annual leave awarded that were used by the employee during the year. Allows the leave to carry forward to each following year, as specified. Clarifies that no employee is required to take the additional leave awarded.

Part VI.

Provides that the act's provisions prevail in the event they conflict with GS 143C-5-4, concerning the procedure for the enactment of the budget. Provides that the appropriations provisions remain in effect until the Current Operations Appropriations Act for the applicable fiscal year becomes law, at which time the Director of the Budget must adjust allotments to give effect to that act from July 1 of the fiscal year. 

Part VII.

Effective July 1, 2019.

Makes conforming changes to the act's titles.