H. B. 4330
(By Delegates Susman and Mahan)
[Introduced February 1, 2000; referred to the
Committee on Finance.]
A BILL to amend article five, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section five,
relating to pay equity increase review for department of
health and human resources workers who did not receive a pay
equity increase under the Legislature's directive to make an
equity adjustment in one thousand nine hundred ninety-nine;
department to consider salary, tenure and other relevant
factors; pay adjustment to be made from funds appropriated to
the department in fiscal year two thousand one; and,
Legislature's intent that the section not create causes of
action.
Be it enacted by the Legislature of West Virginia:
That article five, chapter five of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section five, to read as
follows:
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-5. Department of health and human resources to reexamine pay
equity salary adjustment of 1999.
The Legislature hereby finds that after the pay equity salary
adjustment required by section four of this article for workers of
the multiple agencies of the department of health and human
resources that inequities still exist. Because of these continuing
inequities, the Legislature also concludes that the department of
health and human resources must review the workers' jobs who did
not receive a pay equity increase previously mandated under the
provisions of section four of this article, and to make appropriate
adjustments. Salary adjustments shall be provided from the funding
appropriated to the department in the fiscal year two thousand one
and may not be considered as requiring additional appropriations
from the Legislature. In the event any provision of this section
conflicts with any rule, policy or provision of this code, the provisions of this section shall control. In reexamining the pay
equity salary adjustments, the department shall give consideration
to employee tenure, relevant average salaries and such other
factors as are relevant. Due to the limits of funding, the results
of these further pay equity salary adjustments are not subject to
the provisions of article six-a, chapter twenty-nine of this code.
The provisions of this section are rehabilitative in nature and it
is the specific intent of the Legislature that no private cause of
action, either express or implied, shall arise under the provisions
or implementation of this section.
NOTE: The purpose of this bill is to require the department of
health and human resources to review the pay equity adjustments it
made under W.Va. Code 5-5-4 in 1999, focusing on those positions
that did not receive such an adjustment. The bill directs DHHR to
make further adjustments to the positions who did not receive same
under the pay equity enactment last year.
This section is new; therefore, strike-throughs and
underscoring have been omitted.