Introduced Version
House Bill 2252 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2252
(By Delegates Fleischauer, Marshall, Staggers and Poore)
[Introduced February 13, 2013; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §21-5E-6 of the Code of West Virginia,
1931, as amended, relating to authorizing the equal pay
commission to study the "glass ceiling" concept and to make
recommendations as appropriate based on its findings.
Be it enacted by the Legislature of West Virginia:
That §21-5E-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5E. EQUAL PAY FOR EQUAL WORK FOR STATE EMPLOYEES.
§21-5E-6. Commission's duties; promulgation of rules.
(a) The equal pay commission shall study both the methodology
and funding for the implementation of a gender discrimination
prohibition and shall prepare reports for submission to the
Legislature which include:
(1) An analysis of state job descriptions which measures the inherent skill, effort, responsibility and working conditions of
various jobs and classifications; and
(2) A review of similar efforts to eliminate gender-based wage
differentials implemented by other governmental entities in this
and other states.
(b) The commission shall submit an initial report with
recommendations for implementation of a gender discrimination
prohibition to the Joint Committee on Government and Finance not
later than July 1, 2000, and shall submit status reports annually
thereafter.
(c) The commission may also study the effect of the "glass
ceiling," or the invisible but real barrier through which the next
stage or level of advancement can be seen, but cannot be reached by
a section of qualified and deserving employees. The commission may
make recommendations as appropriate based upon its findings.
_____(c) (d) Based upon the findings and recommendations in its
report, the commission may propose legislative rules for
promulgation in accordance with article three, chapter
twenty-nine-a of this code to implement the provisions of this
article.
(d) (e) The Legislature finds that it has not fully assessed
the potential cost to the state if the provisions of sections three
and four of this article are implemented and that those provisions
should not be implemented until a reasonable estimate of the amount of public funds that may be required for appropriation and
expenditure as a result of the implementation can be calculated.
Accordingly, notwithstanding any other provisions of this article
to the contrary, the provisions of sections three and four of this
article shall not become effective until enactment of general law
specifically providing an effective date of implementation of those
sections. During the interim period between the 2002 regular
session of the Legislature and the 2003 regular session of the
Legislature, the equal pay commission shall, in the manner
prescribed by the Joint Committee on Government and Finance, meet
and consult with the Joint Standing Committee on the Judiciary, the
Joint Committee on Finance and others as may be prescribed for the
purposes of conducting a joint assessment of budgetary or other
financial impact on the state if the provisions of sections three
and four of this article are implemented. Prior to the 2003
regular session of the Legislature, those directed to conduct the
joint assessment shall report their findings to the Joint Committee
on Government and Finance and, if warranted, report any
recommendations for the passage of legislation that would
effectively lessen or eliminate the cost of implementation of
sections three and four of this article in a manner that is
consistent with achieving the purposes for which this article was
initially enacted.
NOTE: The purpose of this bill is to give the equal pay
commission authority to study the effect of the glass ceiling and
to make recommendations as appropriate based on its findings.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.