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 authorizing all new employees, officers or officials of the state, of a state institution of higher education or of the higher education policy board 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.

(a) 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 of state institutions of higher education and of 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.
(b) Any new employee, official or officer

, except an elected official, whose employment with the state, with a state institution of higher education or with the higher education policy board begins 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.
(c) The term "new employee", as used in this section, 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.
(d) The auditor shall, no later than the first day of July, 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 rules in accordance with article three, chapter twenty-nine-a of this code, to determine the manner to implement the payment of employees in arrears.
(e) 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.