Senate Bill No. 96
(By Senators Tomblin (Mr. President)and Craigo)
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[Introduced January 9, 2002; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
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A BILL to amend and reenact section one, article seven, chapter
six of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to requiring all new
employees of the state, a state institution of higher
education or the higher education policy board and others
hired after a certain date to be paid one pay cycle in
arrears.
Be it enacted by the Legislature of West Virginia:
That section one, article seven, chapter six of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-1. State officials, officers and employees to be paid twice per month; new employees paid in arrears;
effective date.
All full-time and part-time salaried and hourly officials,
officers and employees of the state, and the board of trustees
of the university system of West Virginia and the board of
directors of the state college system state institutions of
higher education and the higher education policy commission
shall be paid twice per month, and under the same procedures
and in the same manner as the state auditor currently pays
agencies on such basis: Provided, That on and after the first
day of July, one thousand nine hundred ninety-nine, or any
date thereafter, as determined by the auditor, all officials,
officers or employees, except elected officials, and employees
whose compensation is fixed by statute, shall be paid one pay
cycle in arrears. Any new employee, except elected officials,
whose employment with the state or with a state institution of
higher education or with the higher education policy board
begins on or after, or official or officer who takes office on
or after, the first day of July, one thousand nine hundred
ninety-nine, two thousand two, as determined by the auditor,
shall not receive his or her first pay until the end of the
second regular payroll cycle after beginning employment. The
term new employee does not include an employee who transfers from one state agency, a state institution of higher education
or the higher education policy commission to another state
agency, another state institution of higher education or the
higher education policy commission without a break in service.
The auditor shall initially no later than the first day of
June, two thousand two, promulgate emergency rules pursuant to
the provisions of section fifteen, article three, chapter
twenty-nine-a of this code to implement this new payment
method and then shall propose a legislative rule in accordance
with article three, chapter twenty-nine-a of this code to
determine the manner to implement the payment of employees in
arrears. Nothing contained in this section is intended to
increase or diminish the salary or wages of any official,
officer or employee.
NOTE: The purpose of this bill is to require all new
employees, officers or officials, except elected officials,
hired after July 1, 2002, to be paid one pay cycle in arrears.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.