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Introduced Version Senate Bill 29 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 29

(By Senators Prezioso, Barnes, Jenkins, Hunter and Unger)

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[Introduced January 9, 2008; referred to the Committee on Finance.]

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A BILL to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-5-2a; and to amend and reenact §25-1-11d of said code, all relating to granting salary increases to Division of Corrections' employees based on years of service; providing retention incentives for Division of Corrections' employees; and increasing state increment pay for Division of Corrections' employees.

Be it enacted by the Legislature of West Virginia:
That §5-5-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §5-5-2a; and that §25-1-11d of said code be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,

SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD

OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,

OFFICES, PROGRAMS, ETC.

ARTICLE 5. SALARY INCREASES FOR STATE EMPLOYEES.
§5-5-2. Granting incremental salary increases based on years of service.

(a) Every eligible employee with three or more years of service shall receive an annual salary increase equal to fifty dollars times the employee's years of service. Those employees of the Division of Corrections shall receive an annual salary increase equal to one hundred dollars times the employee's years of service. In each fiscal year and on the first day of July, each eligible employee shall receive an annual increment increase of fifty dollars and one hundred dollars to Division of Corrections employees for that fiscal year.
(b) Every employee becoming newly eligible as a result of meeting the three years of service minimum requirement on the first day of July in any fiscal year, is entitled to the annual salary increase equal to fifty dollars, or one hundred dollars, times the employee's years of service, where he or she has not in a previous fiscal year received the benefit of an increment computation. Thereafter, the employee shall receive a single annual increment increase of fifty dollars, or one hundred dollars to Division of Corrections, for each subsequent fiscal year.
(c) These incremental increases are in addition to any across-the-board, cost-of-living or percentage salary increases which may be granted in any fiscal year by the Legislature.
(d) This section shall 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: Provided, That the executive head of each spending unit shall first grant the mandated increase in compensation in this section to all eligible employees prior to the consideration of any increases based on merit, seniority, promotion or other reason.
§5-5-2a. Retention incentive salary increases for employees of the Division of Corrections and the Division of Juvenile Services.

(a) Effective the first day of July, two thousand nine, every employee of the Division of Corrections with two years of employment with their respective division shall receive a salary increase of one thousand dollars on the two-year anniversary of their employment with their respective division.
(b) Every employee of the Division of Corrections shall receive an additional salary increase of one thousand dollars on the anniversary of their fifth year of continuous service with their respective division and every three years after that on the anniversary of their continuous employment with their respective division.
(c) This section does not prohibit other pay increases based on merit, seniority, promotion or other reason, if funds are available for the other pay increases: Provided, That the executive head of each spending unit shall first grant the mandated increase in compensation in this section to all eligible employees prior to the consideration of any increases based on merit, seniority, promotion or other reason.
CHAPTER 25. DIVISION OF CORRECTIONS.

ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.
§25-1-11d. Compensation of employees approved by commissioner; traveling and other expenses; payment of salaries.
(a) The Commissioner of Corrections shall approve the salaries of all employees of the Division of Corrections. Salaries shall be commensurate with their duties and responsibilities, but no meals or other emoluments of any kind shall be furnished, given or paid to the employee as all or part of their salary. The employees may be provided meals, household facilities and supplies as may be necessary for them to perform their duties, if the employees agree to pay the reasonable cost as established by the Commissioner of Corrections. In the event of an emergency, such as a riot or other disturbance, the commissioner may authorize meals be provided to employees at no cost. Additionally, the commissioner may establish a procedure to reimburse employees reasonable costs in the event the employee's personal property is stolen or damaged by an inmate. All persons employed under this article are entitled to be reimbursed for necessary traveling and other expenses. The salaries, expenses and appropriations provided for the employees under the commissioner's jurisdiction shall be paid in the same manner as are those of other state employees and agencies and on a payment schedule set forth by the State Auditor.
(b) From funds appropriated therefor by the Legislature, the commissioner shall increase the salary of each employee of the Division of Corrections by two thousand eight dollars effective with the two thousand eight, two thousand nine fiscal year.

NOTE: The purpose of this bill is to increase the incremental salary for Division of Corrections; to provide salary increase for every employee of the Division of Corrections
; and to provide a $2008.00 salary increase for every employee of the Division of Corrections.

§ 5-5-2a is new; therefore, strike-throughs and underscoring have been omitted.

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