Senate Bill No. 71
(By Senators Prezioso, Plymale, Minard, Unger, Kessler and D.
Facemire)
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[Introduced January 13, 2010; 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 $60 times
the employee's years of service.
Those employees of the Division
of Corrections shall receive an annual salary increase equal to
$100 times the employee's years of service.
In each fiscal year
and on July 1, each eligible employee shall receive an annual
increment increase of $60
and $100 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 July 1 in
any fiscal year is entitled to the annual salary increase equal to
$60, or $100 to Division of Corrections employees, 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 $60
, or
$100
to Division of Corrections employees,
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 July 1, 2011, every employee of the Division of
Corrections with two years of employment with his or her respective
division shall receive a salary increase of $1,000 on the two-year
anniversary of that employment with his or her respective division.
(b) Every employee of the Division of Corrections shall
receive an additional salary increase of $1,000 on the anniversary
of his or her fifth year of continuous service with his or her
respective division and every three years after that on the
anniversary of continuous employment with his or her 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 $2009 effective with the 2010-2011
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
$2009 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.