H. B. 106
(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
[Introduced May 31, 2009; referred to the
Committee on Government Organization.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5-5-4a, relating to
the recruitment and retention of certain classified service
positions at Mildred Mitchell-Bateman Hospital and William R.
Sharpe Hospital; establishing legislative findings; requiring
the Division of Personnel and the Department of Health and
Human Resources to develop pay rates and requirements for
certain classified service positions at Mildred Mitchell-
Bateman Hospital and William R. Sharpe Hospital; establishing
funding; and exempting pay rates and requirements from
grievance procedures.
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 §5-5-4a, to read as
follows:
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-4a. Psychiatrists, nurses and aides classifications.
(a) The Legislature finds that Mildred Mitchell-Bateman
Hospital and William R. Sharpe Hospital have extreme difficulty in
recruiting and retaining physicians, physician specialists, nurses,
nursing directors, health service workers, health service
assistants, health service associates and other employees who
assist in the direct provision of medical care to patients in those
facilities.
(b) The West Virginia Division of Personnel and the Department
of Health and Human Resources jointly shall develop pay rates and
employment requirements to support the recruitment and retention of
physicians, physician specialists, nurses, nursing directors,
health service workers, health service assistants, health service
associates or other positions at Mildred Mitchell-Bateman Hospital
and William R. Sharpe Hospital. Pay rates shall reflect the
regional market rates for relevant positions. The pay rates and
employment requirements shall be put into effect by July 1, 2009.
(c) Funding for the pay rates and employment requirements
shall be provided from the appropriation to the Department of
Health and Human Resources. Due to the limits of funding, the
implementation of the pay rates and employment requirements shall
not be subject to the provisions of article two, chapter six-c 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.
NOTE: The purpose of this bill is to allow the development of
pay rates and employment requirements to support the recruitment
and retention of certain classified service positions at Mildred
Mitchell-Bateman Hospital and William R. Sharpe Hospital.
This section is new; therefore, strike-throughs and
underscoring have been omitted.