WEST virginia legislature

2018 regular session

Committee Substitute

for

Senate Bill 472

By Senators Blair, Unger, and Cline

[Originating in the Committee on Health and Human Resources; Reported on February 9, 2018]

A BILL to amend and reenact §16-2-14 of the Code of West Virginia, 1931, as amended, relating to requiring the Legislature to provide funds to the Department of Health and Human Resources to provide local boards of health funds for pay raises for employees when the Legislature provides funds for across-the-board pay raises for state employees, and annually after that.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. LOCAL BOARDS OF HEALTH.

§16-2-14. Financial responsibilities of appointing authorities for local boards of health; levies; appropriation of county or municipal general funds for public health purposes; state funding.

(a) The appointing authorities for local boards of health shall provide financial support for the operation of the local health department. The county commission of any county, or the governing body of any municipality in which a local board of health is established pursuant to the provisions of this article, or the county commission of any county, or the governing body of any municipality who is a participating member of a combined local board of health may levy a county or municipal tax to provide funds for the local board of health.: Provided, That the The tax as provided in this section may not exceed three cents on each $100 of assessed valuation of the taxable property in the levying county or municipality, according to the latest assessment.

(b) The county commission of any county, or the governing body of any municipality in which a local board of health is established pursuant to the provisions of this article, or the county commission of any county, or the governing body of any municipality who is a participating member of a combined local board of health may appropriate and spend money from the county or municipal general funds for public health purposes and to pay the expenses of the operation of the local board of health services and facilities.

(c) The commissioner and the secretary may pay over and contribute to any board of health created and maintained pursuant to the provisions of §16-2-1, et seq. of this code, the sum or sums of money that may be available from funds included in appropriations made for the Department of Health and Human Resources. The commissioner may withhold all or part of any funds until a local board of health submits an acceptable plan to correct deficiencies in the local board's program plan.

(d) The Legislature finds that employees of local boards of health provide a valuable service to the state.  Although these employees are hired through the Division of Personnel, they are not state employees. Accordingly, employees of local boards of health do not share in pay raises provided to state employees. When the Legislature provides funds for across-the-board pay raises for state employees and also appropriates sufficient funds to the Department of Health and Human Resources to provide to local boards of health funds which shall be used to increase the pay of employees in the same amount or percentage as pay increases provided to state employees. The Department of Health and Human Resources may not place any further restrictions or obligations upon local health departments as a condition of receiving these funds.  The Legislature shall annually include appropriations in the base budget for use by the local boards of health to continue to fund local health departments at the increased rate.   

NOTE: The purpose of this bill is to require funds be provided to the Department of Health and Human Resources so that it can provide the local boards of health funds for pay raises for their employees when the Legislature provides funds for across-the-board pay raises for state employees.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.