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Introduced Version House Bill 4368 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4368


(By Delegates Mahan, Klempa, Fleischauer)
[Introduced
February 5, 2010 ; referred to the
Committee on the Judiciary then Finance.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5 and §5-30-6, all relating to the creation of an Equal Pay Coordinator within the Governor's Office to ensure pay equity among state employees; making legislative findings; providing qualifications for the position; providing powers and duties of coordinator; providing for the development of a strategic plan to ensure pay equity in state government; authorizing other agencies to share necessary information with the coordinator; and providing rule-making authority.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5 and §5-30-6, all to read as follows:
ARTICLE 30. WEST VIRGINIA EQUAL PAY COORDINATOR.
§5-30-1. Legislative findings and purpose.
The Legislature finds that despite efforts to alleviate the equal pay disparities of state workers through annual adjustments in compensation to positions reported by the West Virginia Division of Personnel, there is a further need for an Equal Pay Coordinator within the Office of the Governor to precisely evaluate, research, monitor and report on this issue and facilitate an effective and efficient strategic plan in resolving pay inequity among state employees.
§5-30-2. Equal Pay Coordinator established.
There is established an Equal Pay Coordinator within the Office of the Governor.
§5-30-3. Appointment; qualifications of coordinator.
(a) The Equal Pay Coordinator shall be appointed by the Governor with the advice and consent of the Senate. The coordinator shall be qualified by training and experience to carry out the duties provided in this article.
(b) The coordinator:
(1) Shall serve on a full-time basis;
(2) May not hold political office in the government of the state either by election or appointment while serving as coordinator;
(3) Is required to be a citizen of the United States and to become a resident of the state within ninety days of appointment;

(4) Is entitled to receive an annual salary, as provided by the Governor; and
(5) Is exempt from coverage under classified service as provided in section four, article six, chapter twenty-nine of this code.

§5-30-4. Powers and duties.

The coordinator is charged with:
(1) Evaluating the current status of pay inequity of state employees, including collaborating with any existing agencies or entities undertaking similar studies which will address pay inequity factors among state employees;
(2) Researching different models designed to achieve pay equity for public employees, including initiatives and programs undertaken by other states or public entities;
(3) Monitoring all litigation or legal actions resulting from pay inequity of state employees before state courts or administrative tribunals;
(4) Reporting to the Joint Committee on Government and Finance annually by December 31 of each calendar year, concerning the status of pay inequity among state employees and any initiatives to resolve the inequity undertaken by executive agencies, and to provide other information as the committee may request;
(5) Developing a strategic plan to address pay inequity among current state employees, as well as future employees, which shall include:
(A) The current status of pay inequity among state employees;
(B) Recommendations of any necessary legislation or policies to be adopted to achieve pay equity; and
(C) An ongoing monitoring schedule to ensure policies adopted by either the agencies affected or the Legislature are sustained; and
(6) Making any recommendations to the Governor for legislative or administrative changes necessary to achieve pay equity among existing or for future state employees.
§5-30-5. Access to information; communication with other agencies.
Each state agencies shall give the coordinator access to information, statistics, reports or other data, of a nonconfidential nature, compiled or maintained by it regarding salaries, classifications, qualifications, skills, military service or other factors affecting employment of state employees.
The coordinator shall make available to other agencies any statistics, reports, data or other information of a nonconfidential nature, regarding pay inequity of state employees, upon request, which availability would foster or improve pay inequity among state employees.
§5-30-6. Rule-making authority.
To implement any section of this article, the coordinator shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code. This authority shall include emergency rule-making authority pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code.


NOTE: The purpose of this bill is to create an Equal Pay Coordinator within the Office of the Governor to coordinate and monitor efforts to achieve pay equity among state employees.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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