ENGROSSED
Senate Bill No. 639
(By Senators Unger, Fanning, Redd, Kessler, Caldwell, Helmick,
Anderson, McCabe, Snyder, Ross, Love, Hunter, Rowe, Burnette,
Facemyer, Boley, Minear, Sprouse, Mitchell, Edgell, Prezioso,
Plymale, Minard, Oliverio and Sharpe)
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[Introduced February 18, 2002; referred to the Committee
on Government Organization; and then to the Committee on Finance
.]
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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 providing for a gender-based pay equity salary adjustment for
state employees; providing for a method to determine eligibility
for and amount of adjustment; designating source of funding for
same; providing that section may not be construed to require
future appropriations; providing that section shall be
controlling over other rules, policies or provisions of this
code; stating pay equity salary adjustment is rehabilitative in
nature; providing that it is not subject to employee grievance procedure; and stating legislative intent that no civil cause of
action may arise from the provisions or implementation of the
section.
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. Pay equity adjustment.
The Legislature hereby directs that a gender-based pay equity
salary adjustment be provided to public employees as determined
by the secretary of the department of administration, based on
recommendations of the equal pay commission. This salary
adjustment shall be provided from the funding appropriated to the
department of administration, office of the secretary, for
purposes of a "pay equity reserve" in the fiscal year two
thousand two and may not be construed to require additional
appropriations from the Legislature. If any provision of this
section conflicts with any rule, policy or provision of this
code, the provisions of this section shall control. Because the
provisions of this section are rehabilitative in nature, the
results of the pay equity salary adjustments are not subject to
the provisions of article six-a, chapter twenty-nine of this
code. Further, it is the specific intent of the Legislature that no private cause of action, either express or implied, may arise
pursuant to the provisions or implementation of this section.