ENROLLED
H. B. 3030
(By Delegates Kelley, Laird, Jenkins, Hall, Fleischauer,
Facemyer and Miller)
[Passed March 13, 1999; in effect ninety days from passage.]
AN ACT to amend article five, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section four,
relating to the pay equity salary adjustment for employees
of the department of health and human resources.
Be it enacted by the Legislature of West Virginia:
That article five, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section four,
to read as follows:
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-4. Department of health and human resources pay equity
salary adjustment.
The Legislature hereby directs that a pay equity salary
adjustment be provided for employees of the various agencies of
the department of health and human resources. This salary
adjustment shall be provided from the funding appropriated to the department in the fiscal year two thousand and may not be
construed to require additional appropriations from the
Legislature. In the event any provision of this section
conflicts with any rule, policy or provision of this code, the
provisions of this section shall control. In determining the pay
equity salary adjustments, the department may give consideration
to employee tenure, relevant average salaries and such other
factors as may be determined relevant by the secretary. Due to
the limits of funding, the results of the pay equity salary
adjustments shall not be subject to the provisions of article
six-a, chapter twenty-nine of this code. The provisions of this
section are rehabilitative in nature and it is the specific
intent of the Legislature that no private cause of action, either
express or implied, shall arise pursuant to the provisions or
implementation of this section.