WEST VIRGINIA LEGISLATURE FISCAL NOTE FISCAL NOTE 2025 REGULAR SESSION Introduced House Bill 2492 By Delegates Pritt, Clay, T. Clark, and Brooks [Introduced February 17, 2025; referred to the Committee on the Judiciary then Finance] A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §5-5-4c, relating to pay equity salary adjustments for employees of the Division of Corrections and Rehabilitation. Be it enacted by the Legislature of West Virginia: ## ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES. (a) The Legislature hereby finds that the Division of Corrections and Rehabilitation, have extreme difficulty with recruiting and retaining employees of all types. (b) The Legislature hereby directs that a pay equity salary adjustment and increase be provided to all employees of the Division of Corrections and Rehabilitation regardless of where the employee reports to work. (c)(1) On July 1, 2025, the Legislature hereby directs that a pay equity salary adjustment and increase be provided to full-time equivalent employees of the Division of Corrections and Rehabilitation that are employed as non-uniform administrative staff. This salary adjustment shall be for a total of three percent of each such employee's salary as of the effective date of this subdivision for those employees who have accumulated three years or more of continuous employment. (2) On or after July 1, 2025, individuals who have accumulated less than three years of continuous employment and individuals becoming employed as full-time equivalent employees of the Division of Corrections and Rehabilitation that are employed as non-uniform administrative staff shall receive a salary adjustment for a total of three percent of each such employee's salary after each such individual accumulates three years of continuous service, which will be calculated based upon the employee's salary at the date he or she accumulated three years of continuous service. (d) Funding for the pay rates for employees of the Division of Corrections and Rehabilitation shall be provided from the general revenue appropriations to the Division of Corrections and Rehabilitation, respectively. (e) For purposes of the reenactment of this section during the regular session of the Legislature in 2025, the salary adjustments set forth in subsection (c) of this section for the applicable full-time equivalent employees of the Division of Corrections and Rehabilitation that are employed as non-uniform administrative staff shall be paid from the general revenue appropriations to the Division of Corrections and Rehabilitation. (f) If any provision of this section conflicts with any rule, policy, or provision of this code, this section shall control. Due to the limits of funding, the implementation of the pay rates and employment requirements shall not be subject to the provisions of §6C-2-1 et seq. 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. (g) If, following this pay raise, the employee will make more than the maximum allowable by the Division of Personnel for the pay grade, this salary increase shall still take effect, and that employee shall make more than the pay grade maximum. NOTE: The purpose of this bill is to provide a pay equity salary adjustment and increase be provided to all employees of the Division of Corrections and Rehabilitation. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.