H. B. 2110
(By Delegate R.M. Thompson)
[Introduced February 14, 2001; referred to the
Committee on Government Organization then 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 reexamination for state
department of health and human resources employees who did not
receive a pay equity adjustment pursuant to the Legislature's
directions to make the adjustment in one thousand nine hundred
ninety-nine; requiring the department to weigh salary, tenure
and other relevant considerations; pay adjustment to be made
from funds appropriated to the department in fiscal year two
thousand one; and stating the 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 prescribed by section four of this article for employees
of the various agencies of the department of health and human
resources that inequities continue to exist. As a result of the
continuing inequities, the Legislature further finds that the
department needs to review those employees' positions who did not
receive a pay equity adjustment under the provisions of section
four of this article, and to make such an adjustment. This salary
adjustment shall be provided from the funding appropriated to the
department in the fiscal year two thousand one and may not be
construed to require 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 DHHR to reexamine
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 that did not receive same under the pay equity
enactment last year.
This section is new; therefore, strike-throughs and
underscoring have been omitted.