H. B. 4534
(By Delegates Susman and Mahan)
[Introduced February 14, 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 need further adjustment
in spite of the previous imposition of the equity increase
under the Legislature's directive to make an equity adjustment
in one thousand nine hundred ninety-nine; department to
consider salary, 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 may
need additional pay equity adjustment and to make the adjustment.
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 relevant
average salaries and such other factors as may be determined by the
secretary to be 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 West Virginia Code 5-5-4 in 1999, focusing on those
positions that may need further adjustment. The bill directs DHHR
to make further adjustments to the positions who need further
adjustment.
This section is new; therefore, strike-throughs and
underscoring have been omitted.