Section 21-5-228 - Recruitment incentives(a)(1) A state agency may offer a recruitment incentive in connection with an offer of employment to a prospective employee to assist with recruitment efforts.(2) The state agency shall determine whether to offer a recruitment incentive and, if so, the type of incentive to offer.(b) A recruitment incentive may consist of: (1)(A) A bonus payment not to exceed five thousand dollars ($5,000).(B) A bonus payment under subdivision (b)(1)(A) of this section may be paid:(i) In full to a prospective employee at the beginning of his or her employment; or(ii) In installments during the prospective employee's required period of employment under subdivision (d)(1) of this section; or(2) Up to forty (40) hours of incentive leave that: (A) Shall be used by the end of the calendar year following the calendar year in which the prospective employee begins employment with the state agency; and(B) Shall not carry over to the subsequent calendar year.(c) A person employed by the executive branch at the time of the offer of employment is not eligible for a recruitment incentive under this section.(d)(1) A person receiving a recruitment incentive under this section shall commit to a required period of employment with the state agency.(2) If the employee receives a recruitment incentive under this section and voluntarily resigns or is terminated from employment with the state agency before completing the required period of employment under subdivision (d)(1) of this section, the following shall apply: (A) If the employee received a bonus payment in full at the beginning of his or her employment under subdivision (b)(1)(C)(i) of this section, the employee shall repay the bonus payment to the state agency;(B) If the employee is scheduled to receive a bonus payment in installments under subdivision (b)(1)(C)(ii) of this section, the employee shall:(i) Repay to the state agency any installment payments received before the date that the employee resigns or is terminated from employment; and(ii) Not receive the value of any installment payments scheduled on or after the date the employee resigns or is terminated from employment; and(C) If the employee received an award of incentive leave under subdivision (b)(2) of this section, the incentive leave shall: (i) Expire when the employee resigns or is terminated from employment; and(ii) Not be liquidated by a lump-sum payment to the employee when he or she separates from the state agency.(3) If the employee does not repay a bonus payment under subdivisions (d)(2)(A) or (d)(2)(B)(i) of this section within one hundred eighty days (180) from the date the employee resigns or is terminated from employment, the Revenue Division of the Department of Finance and Administration may set off any refunds due the employee from the division by the sum certified by the Office of Personnel Management as due and owing under § 26-36-301 et seq.(e)(1)(A) A state agency wishing to provide recruitment incentives to prospective employees shall prepare a written plan for administering recruitment incentives.(B) The written plan under this subsection shall include:(i) An explanation of how the recruitment incentives will be implemented;(ii) A list of the classifications eligible for recruitment incentives; and(iii) A description of the recruitment incentives that may be provided to prospective employees.(2) The written plan under this subsection shall be reviewed by the office.(3) When the office has completed its review of the written plan under subdivision (e)(2) of this section, the office shall refer the written plan to the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee, for its approval.(4) A state agency shall not provide a recruitment incentive under this section before the approval of the state agency's written plan for administering recruitment incentives under subdivision (e)(3) of this section.(5) If the state agency amends the written plan following its approval under subdivision (e)(3) of this section, it shall: (A) Submit the amended written plan for review by the office and approval by Legislative Council or the Joint Budget Committee in the same manner provided by subdivisions (e)((1)-(3) of this section; and(B) Not provide a recruitment incentive under the provisions of the amended written plan before the approval of the state agency's amended written plan.(f)(1) After a state agency's written plan for administering recruitment incentives has been approved under subdivision (e)(3) of this section, the state agency may submit a request for a recruitment incentive to the office for approval.(2) The request under subdivision (f)(1) of this section shall include:(A) The name of the prospective employee;(B) A description of the position the prospective employee would fill and his or her qualifications for the position;(C) A description of the recruitment incentive that would be provided to the prospective employee; and(D) A specification of the required period of employment for the prospective employee to retain the recruitment incentive.(3) A request for a recruitment incentive under this subsection shall be consistent with the written plan for administering recruitment incentives of the state agency.(4) A state agency shall not provide a recruitment incentive before the approval of the recruitment incentive by the office under this subsection.(g) A bonus payment recruitment incentive under this section shall be:(1) Subject to withholding of all applicable state and federal taxes; and(2) Included by retirement systems in determining retirement benefits.(h) A recruitment incentive under this section may be awarded to a prospective employee whether or not the recruitment incentive would result in the salary for the employee exceeding the maximum pay level for the grade assigned to the employee's classification.(i)(1) A recruitment incentive under this section is subject to a state agency's ability to certify funding for a recruitment incentive.(2) A state agency shall: (A) Use existing funding for a recruitment incentive under this section; and(B) Not access the Performance Fund to provide a recruitment incentive.(j) The office shall file monthly reports of recruitment incentives provided under this section with the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee.(k)(1) It is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee, as provided by this section.(2)(A) The requirement of approval by the Legislative Council or the Joint Budget Committee under this section is not a severable part of this section.(B) If the requirement of approval by the Legislative Council or the Joint Budget Committee under this section is found unconstitutional by a court of competent jurisdiction, the entire section is void.Added by Act 2024, No. 172,§ 5, eff. 7/1/2024.