H. B. 4557
(By Mr. Speaker, Mr. Kiss, and Delegates Caputo,
Webster, Brown, Fleischauer, Mahan and Sumner)
[Introduced
February 20, 2004
; referred to the
Committee on Finance.]
A BILL to amend and reenact §5-5-5 of the code of West Virginia,
1931, as amended, relating to deleting the specified year of
the funding appropriated to provide the pay equity adjustment.
Be it enacted by the Legislature of West Virginia:
That §5-5-5 of the code of West Virginia, 1931, as amended, be
amended and reenacted 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, within the limitations
provided by this section. 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, is
created by or otherwise arises from the enactment, provisions or
implementation of this section.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.