H. B. 4012
(By Mr. Speaker, Mr. Kiss, and Delegate Michael)
[Introduced January 10, 2002
; referred to the
Committee on Finance.]
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.