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Introduced Version Senate Bill 3002 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 3002

          (By Senators Tomblin (Mr. President) and Caruth,

          By Request of the Executive)

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          [Introduced August 11, 2009.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-7, relating to one-time salary enhancements; authorizing the Governor to order the payment of a one-time salary enhancement to certain public employees in any fiscal year that the Legislature has appropriated moneys for such purpose; providing for disbursement of the salary enhancement; and defining terms.

Be it enacted by the Legislature of West Virginia:
     That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5-5-7, to read as follows:

ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-7. Authorizing one-time salary enhancements to full-time public employees.

     (a) In any fiscal year in which the Legislature has appropriated moneys for such purpose, the Governor may authorize by executive order the payment of a one-time salary enhancement to public employees with at least one hundred eighty calendar days of continuous service as of the first day of the month in which the executive order becomes effective. The executive order shall provide for the payment of a one-time salary enhancement to eligible public employees in an amount to be determined by the Governor, but within the limits of moneys appropriated by the Legislature, for services rendered during the first pay period of the first month following the effective date of the executive order.
     (b) A one-time salary enhancement authorized pursuant to this section shall be timely paid to eligible public employees in a lump-sum payment on a date selected by the Auditor of West Virginia or, in the case of a public employee who is employed by a county board of education, by the appropriate county official.
     (c) A one-time salary enhancement authorized pursuant to
this section is in addition to any across-the-board, cost-of-living or percentage salary increase which may be granted by the Legislature or incremental salary increase based on years of service in accordance with the provisions of section two of this article. However, this section may not be construed to increase the base salary of a public employee.
     (d) This section may not be construed to prohibit other pay increases based on merit, seniority, promotion or other reason if funds are available for the other pay increases. However, the executive head of each spending unit first shall consider any one- time salary enhancement authorized by the Governor in accordance with this section before providing any increases based on merit, seniority, promotion or other reason
.
     (e) The payment of one-time salary enhancements in accordance with this section shall be subject to the availability of funds and nothing in this section shall be construed as requiring any specific level of appropriation by the Legislature or guaranteeing the payment of a one-time salary enhancement in any given fiscal year.
     (f) For purposes of this section, "public employee" means a full-time employee who is an "eligible employee", as that term is defined in section one of this article, "school personnel", as that term is defined in section one, article one, chapter eighteen-a of this code, a member of the West Virginia State Police whose salary is fixed and specified pursuant to section five, article two, chapter fifteen of this code, a conservation officer whose salary is fixed and specified pursuant to section one-c, article seven, chapter twenty of this code and a "nonclassified employee" as that term is defined in section two
, article nine, chapter eighteen-b of this code.

     NOTE: The purpose of this bill is to authorize a one-time salary enhancement to eligible public employees in any fiscal year that the Legislature has appropriated moneys for that purpose. Salary enhancements authorized pursuant to this legislation would be distributed in a lump-sum payment to eligible public employees.

     This section is new; therefore, strike-throughs and underscoring are omitted.
 
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