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                                                      PRINTER'S NO. 2102

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1716 Session of 1999


        INTRODUCED BY BROWNE, ARGALL, ARMSTRONG, BARD, BELARDI,
           BENNINGHOFF, CLARK, DALLY, FAIRCHILD, FARGO, GANNON, GEIST,
           GORDNER, HENNESSEY, HUTCHINSON, MASLAND, S. MILLER, MYERS,
           ORIE, RAMOS, ROSS, SAINATO, SAYLOR, SEMMEL, SEYFERT,
           STEELMAN, STETLER, E. Z. TAYLOR, TIGUE, WILLIAMS, WILT,
           YOUNGBLOOD AND ZUG, JUNE 16, 1999

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 16, 1999

                                     AN ACT

     1  Providing for State employee incentives, awards, bonuses and
     2     funding.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the State
     7  Employee Teamwork Incentive Program Act.
     8  Section 2.  Declaration of policy.
     9     The General Assembly finds and declares as follows:
    10         (1)  The private sector and many other states have
    11     initiated employee reward programs in an attempt to generate
    12     money-saving ideas. One type of employee reward program,
    13     known as gainsharing or team-based pay, recognizes employee
    14     efficiency and teamwork by evenly distributing a small
    15     percentage of budget savings, in the form of bonuses, to
    16     those employees responsible for the savings.

     1         (2)  Pennsylvania's State employees possess first-hand
     2     knowledge of the day-to-day operation of Commonwealth
     3     government. Many of these employees who have ideas for
     4     improving the efficiency and effectiveness of the programs
     5     they administer remain a valuable, yet untapped, resource.
     6         (3)  The work of the IMPACCT Commission, which was
     7     established pursuant to House Resolution 5 of 1995, and the
     8     agencies administering the commission's recommendations have
     9     proven that government can be restructured and refocused
    10     without jeopardizing the effectiveness of government programs
    11     or lowering the quality of government services.
    12  Section 3.  Definitions.
    13     The following words and phrases when used in this act shall
    14  have the meanings given to them in this section unless the
    15  context clearly indicates otherwise:
    16     "Award."  The State Employee Teamwork Incentive Award
    17  established under this act.
    18     "Bonus."  The prorated portion of an award which is paid to
    19  an individual State employee.
    20     "Committee."  The Legislative Budget and Finance Committee.
    21     "Commonwealth agency."  Any executive agency, independent
    22  agency, the General Assembly and its officers and agencies or
    23  any court or other officer or agency of the unified judicial
    24  system.
    25     "Eligible employee unit."  Any part of a Commonwealth agency,
    26  including, but not limited to, a bureau, division, office or
    27  section.
    28     "Eligible State employee."  A State employee who works in an
    29  eligible employee unit, except for an elected Commonwealth
    30  official or an employee of the Legislative Budget and Finance
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     1  Committee.
     2     "Program."  The State Employee Teamwork Incentive Program
     3  established under this act.
     4  Section 4.  State Employee Teamwork Incentive Program
     5                 established.
     6     There is hereby established the State Employee Teamwork
     7  Incentive Program, which provides financial incentives to groups
     8  of State employees who suggest ideas for improving the
     9  efficiency and economy of their workplace, the implementation of
    10  which results in a budgetary savings for the Commonwealth. The
    11  program shall be administered in accordance with this act.
    12  Section 5.  Award.
    13     (a)  Establishment of State Employee Teamwork Incentive
    14  Award.--There is hereby established the State Employee Teamwork
    15  Incentive Award, which shall be granted to eligible employee
    16  units in accordance with this act.
    17     (b)  Application.--Any eligible employee unit may apply for
    18  an award by submitting an award application to the head of the
    19  Commonwealth agency within which the unit is located no later
    20  than September 1 of the year immediately following the fiscal
    21  year for which the unit claims it has generated a budgetary
    22  savings. Applications shall be in the form specified by the
    23  committee and shall include information necessary to demonstrate
    24  that a unit-initiated suggestion resulted in budgetary savings,
    25  including, but not limited to:
    26         (1)  a description of the unit-initiated suggestion which
    27     was implemented and which resulted in budgetary savings;
    28         (2)  the applicable appropriation or appropriations from
    29     the fiscal year for which the unit claims it has generated a
    30     budgetary savings, the expenditures therefrom, encumbrances
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     1     thereon and the amount unencumbered and unexpended;
     2         (3)  the program activities and accomplishments for the
     3     fiscal year for which the unit claims it has generated a
     4     budgetary savings; and
     5         (4)  the revenues, expenditures, program activities and
     6     accomplishments for the fiscal year immediately preceding and
     7     the fiscal year immediately following the fiscal year for
     8     which the unit claims it has generated a budgetary savings.
     9     (c)  Commonwealth agency review.--Upon verification of the
    10  accuracy of the information included in an application, the head
    11  of the agency in which the unit is located shall forward the
    12  application to the committee no later than September 30 of the
    13  fiscal year immediately following the fiscal year for which the
    14  unit claims it has generated a budgetary savings. In the event
    15  the head of an agency finds that information included in an
    16  application is inaccurate or does not demonstrate that an
    17  eligible employee unit-initiated suggestion has resulted in a
    18  budgetary savings, he or she shall not forward the application
    19  to the committee, and the application shall be considered
    20  rejected.
    21     (d)  Committee review.--The committee shall review each
    22  application submitted by an agency and shall determine the
    23  actual budgetary savings and award amount, if any. The committee
    24  shall inform the Commonwealth agency of the actual budgetary
    25  savings and award amount, not later than November 30. In
    26  determining the actual savings, the committee shall satisfy
    27  itself that the budgetary savings claimed by the eligible
    28  employee unit is real and not merely apparent and that it is
    29  not, in whole or in part, the result of:
    30         (1)  chance;
    19990H1716B2102                  - 4 -

     1         (2)  a lowering of the quality of the service rendered;
     2         (3)  nonrecurrence of expenditures which were single
     3     outlay or one-time expenditures in the immediately preceding
     4     fiscal year;
     5         (4)  stockpiling inventories in the immediately preceding
     6     fiscal year so as to reduce requirements in the fiscal year
     7     for which savings is claimed;
     8         (5)  substitution of Federal or other funds for programs
     9     currently receiving State appropriations;
    10         (6)  unreasonable postponement of payments of accounts
    11     payable until the fiscal year immediately following the
    12     fiscal year for which savings is claimed;
    13         (7)  shifting of expenses to another unit of government;
    14     and
    15         (8)  any other practice, event or device which the
    16     committee decides has caused a distortion which makes it
    17     falsely appear that a savings or an increase in revenue gains
    18     or an increase in level of services has occurred.
    19     (e)  Amount.--The amount of an award shall be equal to 5% of
    20  the actual savings, as determined by the committee. No award
    21  shall be greater than $1,000,000.
    22     (f)  Limitations.--No eligible employee unit shall receive
    23  any more than one bonus for each unit-initiated suggestion.
    24  Section 6.  Bonus.
    25     (a)  Amount.--The amount of each bonus resulting from an
    26  award shall be equal to the award amount divided by the number
    27  of employees in the eligible employee unit receiving the award.
    28     (b)  Limitation.--No bonus shall be greater than $10,000.
    29     (c)  Payment.--The agency shall determine the amount of any
    30  bonus resulting from an award and pay each bonus no later than
    19990H1716B2102                  - 5 -

     1  December 31 of the fiscal year immediately following the fiscal
     2  year in which the budgetary savings were realized and for which
     3  the eligible employee unit has received an award.
     4  Section 7.  Funding.
     5     Notwithstanding any provision of law to the contrary, bonus
     6  payments shall be charged to the appropriation from which the
     7  budgetary savings was realized.
     8  Section 8.  Effective date.
     9     This act shall take effect July 1, 1999.














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