Bill Summary for H 777 (2019-2020)

Summary date: 

Aug 26 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 777 (Public) Filed Monday, April 15, 2019
AN ACT AWARDING LEGISLATIVELY MANDATED SALARY INCREASES AND SPECIAL ANNUAL LEAVE TO LAW ENFORCEMENT OFFICERS OF THE STATE BUREAU OF INVESTIGATION AND ALCOHOL LAW ENFORCEMENT.
Intro. by Belk, Gill, Hurley, Martin.

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Bill summary

Conference report deletes the content of the 3rd edition and replaces it with the following. Makes conforming changes to the act's titles.

Part I.

Appropriates $2.68 million in recurring funds for 2019-20 and $3.36 million in recurring funds for 2020-21 from the General Fund to the Department of Public Safety (DPS) to award compensation increases to agents of the State Bureau of Investigation (SBI) and officers of Alcohol Law Enforcement (ALE). Specifies that State funds are appropriated for each year of the 2019-21 biennium as agency receipts up to the amounts needed to implement the legislatively mandated salary increases provided in this act for each year of the 2019-21 biennium.

Part II.

Effective July 1, 2019, awards a State employee who (1) is a law enforcement officer employed by the SBI or ALE and (2) was employed in a State-funded position on June 30, 2019, a legislative salary increase of 2.5% in the 2019-20 fiscal year and any salary adjustment otherwise allowed or provided by law. Effective July 1, 2020, awards a State employee who (1) is a law enforcement officer of the SBI or ALE and (2) was employed in a State-funded position on June 30, 2019 (appears to intend 2020), a legislative salary increase of 2.5% in the 2020-21 fiscal year and any salary adjustment otherwise allowed or provided by law. Excludes from these raises law enforcement officers paid according to the experience-based pay schedule established in Part IV of the act. Awards the increases in prorated amounts to part-time employees. Specifies that eligible State-funded employee are not prohibited from receiving the full salary increases solely because the employee's salary after applying the increase is above the maximum of the salary range prescribed by the State Human Resources Commission. Excludes from these salary increases any persons separated from service due to resignation, dismissal, reduction in force, death, or retirement or whose last workday is prior to June 30, 2019, for the 2019-20 fiscal year or June 30, 2020, for the 2020-21 fiscal year. Specifies that for 2019-21 payroll checks issued to employees after July 1, 2019, and July 1, 2020, respectively, that represent payment of services provided prior to July 1 of each year are not eligible for salary increases provided for in this act.

Prohibits funds appropriated in this act from being used to adjust the budgeted salaries of vacant positions, to provide salary increases in excess of those required by NCGA, or to increase the budgeted salary of filled positions to the minimum of the position's respective salary range unless otherwise specifically provided by law.

Requires any funds appropriated for legislatively mandated salary increases in excess of the amounts required to implement the increases authorized by this act to be credited to the Pay Plan Reserve.

Requires the Office of State Budget and Management to report to the specified NCGA Commission and Division by May 1, 2020, and May 1, 2021, on the expenditure of funds under this act. Specifies information that must be included in the report. 

Part III.

Sets the entry-level annual salary of agents of the SBI and ALE at $45,100 for 2019-20 and $46,228 for 2020-21.

Part IV.

Requires that $2 million of the funds appropriated to DPS for 2019-20 in this act to be allocated to establish a pay schedule for law enforcement officers in the SBI and ALE that (1) increases the annual beginning officer salary to $45,100 and (2) sets a stepped progression from beginning officer pay to $65,807 over a six-year period by providing increases of 6.5% per year. Prohibits using the funds to adjust the pay of other SBI or ALE employees.  

Part V.

Amends GS 143C-4-9, concerning the Pay Plan Reserve, to require that a specific amount be appropriated to the Reserve to fund statutory and scheduled pay expenses authorized by the Appropriations Act for law enforcement officers of the SBI and ALE. 

Part VI. 

Awards a one-time additional five days of annual leave credited on July 1, 2019, to any person who is, on July 1, 2019, (1) a law enforcement officer of the SBI or ALE and (2) eligible to earn annual leave. Sets out requirements for the accounting for the leave and requires that it remain available during the length of the employee's employment. Awards part-time permanent employees a pro rata amount. Sets out further parameters governing the use and carry forward of the leave.

Part VII.

Provides that if any provision of this act and GS 143C-5-4 (enactment deadline; procedures to be followed when the Current Operations Appropriations Act does not become law prior to the end of certain fiscal years) are in conflict, the provisions of this act prevail. Provides that the appropriations and the authorizations to allocate and spend funds set out in this act remain in effect until the Current Operations Appropriations Act for the applicable fiscal year becomes law, at which time that act becomes effective and governs appropriations and expenditures. 

Part VIII.

Effective July 1, 2019. 

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