Introduced Version
Senate Bill 3002 History
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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.