Bill Text: WV HB4883 | 2024 | Regular Session | Enrolled

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Bill Title: Relating to increasing annual salaries of certain employees of the state

Spectrum: Bipartisan Bill

Status: (Passed) 2024-04-22 - Chapter 207, Acts, Regular Session, 2024 [HB4883 Detail]

Download: West_Virginia-2024-HB4883-Enrolled.html

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WEST virginia legislature

2024 regular session

ENROLLED

Committee Substitute

for

House Bill 4883

By Delegates Hanshaw (Mr. Speaker), Hornbuckle, Howell, Pushkin, Vance, Nestor, and Young

(By Request of the Executive)

[Passed March 9, 2024; in effect July 1, 2024.]

 

AN ACT to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-4-2 of said code; and to amend and reenact §18A-4-8a of said code, all relating to increasing annual salaries of certain employees of the state; increasing the salaries of members of the West Virginia State Police and certain personnel thereof; increasing annual salaries of public school teachers; increasing annual salaries of school service personnel; and providing an effective date for these increases.

Be it enacted by the Legislature of West Virginia:

 

CHAPTER 15. PUBLIC SAFETY.

ARTICLE 2. WEST VIRGINIA STATE POLICE.

§15-2-5. Career progression system state; salaries; exclusion from wage and hour laws, with supplemental payment; bond; leave time for members called to duty in guard or reserves.

(a) The superintendent shall establish within the West Virginia State Police a system to provide for: (1) The promotion of members to the supervisory ranks of sergeant, first sergeant, second lieutenant, and first lieutenant; (2) the classification of nonsupervisory members within the field operations force to the ranks of trooper, senior trooper, trooper first class, or corporal; and (3) the temporary reclassification of members assigned to administrative duties as administrative support specialist I-VIII. The promotion of individuals in the forensic laboratory shall include the classifications of Evidence Custodians I-IV, Forensic Technicians I-III, Forensic Scientists I-VI, and Forensic Scientist Supervisors I-IV, based on the Forensic Lab Career Progression System.

(b) The superintendent may propose legislative rules for promulgation in accordance with §29A-3-1 et seq. of this code for the purpose of ensuring consistency, predictability, and independent review of any system developed under the provisions of this section.

(c) The superintendent shall provide to each member a written manual governing any system established under the provisions of this section and specific procedures shall be identified for the evaluation and testing of members for promotion or reclassification and the subsequent placement of any members on a promotional eligibility or reclassification recommendation list.  A written manual shall also be provided to individuals within the forensic laboratory governing any system established under the provisions of this section and specific procedures shall be identified for the evaluation of promotion or reclassification of those individuals.

(d) Effective July1, 2024, members shall receive annual salaries payable at least twice per month as follows:

ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training	$53,724
Cadet Trooper After Training	$60,984
Trooper Second Year	$61,996
Trooper Third Year	$62,379
Senior Trooper	$62,778
Trooper First Class	$63,384
Corporal	$63,990
Sergeant	$68,291
First Sergeant	$70,442
Second Lieutenant	$72,592
First Lieutenant	$74,743
Captain	$76,894
Major	$79,044
Lieutenant Colonel	$81,195
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION
I	$61,996
II	$62,778
III	$63,384
IV	$63,990
V	$68,291
VI	$70,442
VII	$72,592
VIII	$74,743

 

Effective July 1, 2024, designated individuals within the forensic laboratory shall receive annual base salaries payable at least twice per month as follows:

 

ANNUAL SALARY SCHEDULE (BASE PAY)
EVIDENCE CUSTODIAN
I	$50,850
II	$53,178
III	$56,839
IV	$59,866
FORENSIC TECHNICIAN
I	$53,050
II	$54,744
III	$58,626
FORENSIC SCIENTIST
I	$60,250
II	$62,434
III	$64,538
IV	$66,937
V	$70,463
VI	$74,263
FORENSIC SCIENTIST SUPERVISOR
I	$76,962
II	$80,526
III	$84,304
IV	$88,308

 

Each member of the West Virginia State Police whose salary is fixed and specified in this annual salary schedule is entitled to the length of service increases set forth in subsection (e) of this section and supplemental pay as provided in subsection (g) of this section.

(e) Each member of the West Virginia State Police whose salary is fixed and specified pursuant to this section shall receive, and is entitled to, an increase in salary over that set forth in subsection (d) of this section for grade in rank, based on length of service, including that service served before and after the effective date of this section with the West Virginia State Police as follows: Beginning on January 1, 2015, and continuing thereafter, at the end of two years of service with the West Virginia State Police, the member shall receive a salary increase of $500 to be effective during his or her next year of service and a like increase at yearly intervals thereafter, with the increases to be cumulative.  The forensic laboratory employees whose salaries are fixed and specified pursuant to this section, shall receive, and are entitled to, an increase in salary over that set forth in subsection (d) of this section, in accordance with §15-2-7(h) of this code.

(f) In applying the salary schedules set forth in this section where salary increases are provided for length of service, members of the West Virginia State Police in service at the time the schedules become effective shall be given credit for prior service and shall be paid the salaries the same length of service entitles them to receive under the provisions of this section.

(g) The Legislature finds and declares that because of the unique duties of members of the West Virginia State Police, it is not appropriate to apply the provisions of state wage and hour laws to them. Accordingly, members of the West Virginia State Police are excluded from the provisions of state wage and hour laws. This express exclusion shall not be construed as any indication that the members were or were not covered by the wage and hour laws prior to this exclusion.

In lieu of any overtime pay they might otherwise have received under the wage and hour laws, and in addition to their salaries and increases for length of service, members who have completed basic training and who are exempt from federal Fair Labor Standards Act guidelines may receive supplemental pay as provided in this section.

The authority of the superintendent to propose a legislative rule or amendment thereto for promulgation in accordance with §29A-3-1 et seq. of this code to establish the number of hours per month which constitute the standard pay period for the members of the West Virginia State Police is hereby continued. The rule shall further establish, on a graduated hourly basis, the criteria for receipt of a portion or all of supplemental payment when hours are worked in excess of the standard pay period. The superintendent shall certify at least twice per month to the West Virginia State Police payroll officer the names of those members who have worked in excess of the standard pay period and the amount of their entitlement to supplemental payment. The supplemental payment may not exceed $200 per pay period. The superintendent and civilian employees of the West Virginia State Police are not eligible for any supplemental payments.

(h) Each member of the West Virginia State Police, except the superintendent and civilian employees, shall execute, before entering upon the discharge of his or her duties, a bond with security in the sum of $5,000 payable to the State of West Virginia, conditioned upon the faithful performance of his or her duties, and the bond shall be approved as to form by the Attorney General and as to sufficiency by the Governor.

(i) In consideration for compensation paid by the West Virginia State Police to its members during those members’ participation in the West Virginia State Police Cadet Training Program pursuant to §30-29-8 of this code, the West Virginia State Police may require of its members by written agreement entered into with each of them in advance of such participation in the program that, if a member should voluntarily discontinue employment any time within one year immediately following completion of the training program, he or she shall be obligated to pay to the West Virginia State Police a pro rata portion of such compensation equal to that part of such year which the member has chosen not to remain in the employ of the West Virginia State Police.

(j) Any member of the West Virginia State Police who is called to perform active duty training or inactive duty training in the National Guard or any reserve component of the armed forces of the United States annually shall be granted, upon request, leave time not to exceed 30 calendar days for the purpose of performing the active duty training or inactive duty training and the time granted may not be deducted from any leave accumulated as a member of the West Virginia State Police.

 

CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-2. State minimum salaries for teachers.

(a) For school year 2024-2025, and continuing thereafter, each teacher shall receive the amount prescribed in the State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article, and any county supplement in effect in a county pursuant to §18A-4-5a of this code during the contract year.

STATE MINIMUM SALARY SCHEDULE

Years Exp	4th Class	3rd Class	2nd Class	A.B.	A.B. 15	M.A.	M.A. 15	M.A. 30	M.A. 45	Doctorate
0	39,057	39,746	40,012	41,455	42,216	43,983	44,744	45,505	46,266	47,301
1	39,385	40,074	40,340	41,973	42,734	44,502	45,263	46,023	46,784	47,819
2	39,714	40,402	40,668	42,492	43,253	45,020	45,781	46,542	47,303	48,338
3	40,042	40,730	40,996	43,011	43,771	45,539	46,300	47,060	47,821	48,856
4	40,614	41,302	41,568	43,773	44,534	46,302	47,063	47,823	48,584	49,619
5	40,942	41,630	41,896	44,292	45,053	46,820	47,581	48,342	49,103	50,138
6	41,270	41,958	42,224	44,810	45,571	47,339	48,100	48,860	49,621	50,656
7	41,598	42,287	42,552	45,329	46,090	47,857	48,618	49,379	50,140	51,175
8	41,926	42,615	42,881	45,847	46,608	48,376	49,137	49,897	50,658	51,693
9	42,254	42,943	43,209	46,366	47,127	48,894	49,655	50,416	51,177	52,212
10	42,583	43,271	43,537	46,886	47,646	49,414	50,175	50,936	51,696	52,731
11	42,911	43,599	43,865	47,404	48,165	49,933	50,693	51,454	52,215	53,250
12	43,239	43,927	44,193	47,923	48,683	50,451	51,212	51,973	52,733	53,768
13	43,567	44,255	44,521	48,441	49,202	50,970	51,730	52,491	53,252	54,287
14	43,895	44,583	44,849	48,960	49,720	51,488	52,249	53,010	53,770	54,805
15	44,223	44,911	45,177	49,478	50,239	52,007	52,767	53,528	54,289	55,324
16	44,551	45,239	45,505	49,997	50,757	52,525	53,286	54,047	54,807	55,842
17	44,879	45,568	45,833	50,515	51,276	53,044	53,805	54,565	55,326	56,361
18	45,207	45,896	46,162	51,034	51,795	53,562	54,323	55,084	55,845	56,880
19	45,535	46,224	46,490	51,552	52,313	54,081	54,842	55,602	56,363	57,398
20	45,863	46,552	46,818	52,071	52,832	54,599	55,360	56,121	56,882	57,917
21	46,192	46,880	47,146	52,589	53,350	55,118	55,879	56,639	57,400	58,435
22	46,520	47,208	47,474	53,108	53,869	55,636	56,397	57,158	57,919	58,954
23	46,848	47,536	47,802	53,627	54,387	56,155	56,916	57,676	58,437	59,472
24	47,176	47,864	48,130	54,145	54,906	56,674	57,434	58,195	58,956	59,991
25	47,504	48,192	48,458	54,664	55,424	57,192	57,953	58,714	59,474	60,509
26	47,832	48,520	48,786	55,182	55,943	57,711	58,471	59,232	59,993	61,028
27	48,160	48,848	49,114	55,701	56,461	58,229	58,990	59,751	60,511	61,546
28	48,488	49,177	49,442	56,219	56,980	58,748	59,508	60,269	61,030	62,065
29	48,816	49,505	49,771	56,738	57,498	59,266	60,027	60,788	61,548	62,583
30	49,144	49,833	50,099	57,256	58,017	59,785	60,545	61,306	62,067	63,102
31	49,473	50,161	50,427	57,775	58,536	60,303	61,064	61,825	62,585	63,620
32	49,801	50,489	50,755	58,293	59,054	60,822	61,583	62,343	63,104	64,139
33	50,129	50,817	51,083	58,812	59,573	61,340	62,101	62,862	63,623	64,658
34	50,457	51,145	51,411	59,330	60,091	61,859	62,620	63,380	64,141	65,176
35	50,785	51,473	51,739	59,849	60,610	62,377	63,138	63,899	64,660	65,695

 

(b) Six hundred dollars shall be paid annually to each classroom teacher who has at least 20 years of teaching experience. The payments: (i) Shall be in addition to any amounts prescribed in the applicable State Minimum Salary Schedule; (ii) shall be paid in equal monthly installments; and (iii) shall be considered a part of the state minimum salaries for teachers.

(c) Effective July 1, 2019, each classroom teacher providing math instruction in the teacher’s certified area of study for at least 60 percent of the time the teacher is providing instruction to students shall be considered to have three additional years of experience only for the purposes of the salary schedule set forth in subsection  (a) of this section: Provided, That for any classroom teacher who satisfies these requirements and whose years of experience plus the three additional years due to them exceeds the years of experience provided for on the salary schedule shall be paid the additional amount equivalent to three additional years of experience notwithstanding the maximum experience provided on the salary schedule.

(d) Effective July 1, 2019, each classroom teacher certified in special education and employed as a full-time special education teacher, as defined by the State Superintendent, shall be considered to have three additional years of experience only for the purposes of the salary schedule set forth in subsection (a) of this section: Provided, That for any classroom teacher who satisfies these requirements and whose years of experience plus the three additional years due to them exceeds the years of experience provided for on the salary schedule shall be paid the additional amount equivalent to three additional years of experience notwithstanding the maximum experience provided on the salary schedule.

(e) In accordance with §18A-4-5 of this code, each teacher shall be paid the supplement amount as applicable for his or her classification of certification or classification of training and years of experience as follows, subject to the provisions of that section:

(1) For "4th Class" at zero years of experience, $1,781. An additional $38 shall be paid for each year of experience up to and including 35 years of experience;

(2) For "3rd Class" at zero years of experience, $1,796. An additional $67 shall be paid for each year of experience up to and including 35 years of experience;

(3) For "2nd Class" at zero years of experience, $1,877. An additional $69 shall be paid for each year of experience up to and including 35 years of experience;

(4) For "A.B." at zero years of experience, $2,360. An additional $69 shall be paid for each year of experience up to and including 35 years of experience;

(5) For "A.B. + 15" at zero years of experience, $2,452. An additional $69 shall be paid for each year of experience up to and including 35 years of experience;

(6) For "M.A." at zero years of experience, $2,644. An additional $69 shall be paid for each year of experience up to and including 35 years of experience;

(7) For "M.A. + 15" at zero years of experience, $2,740. An additional $69 shall be paid for each year of experience up to and including 35 years of experience;

(8) For "M.A. + 30" at zero years of experience, $2,836. An additional $69 shall be paid for each year of experience up to and including 35 years of experience;

(9) For "M.A. + 45" at zero years of experience, $2,836. An additional $69 shall be paid for each year of experience up to and including 35 years of experience; and

(10) For "Doctorate" at zero years of experience, $2,927. An additional $69 shall be paid for each year of experience up to and including 35 years of experience.

These payments: (i) Shall be in addition to any amounts prescribed in the applicable State Minimum Salary Schedule, any specific additional amounts prescribed in this section and article and any county supplement in effect in a county pursuant to §18A-4-5a of this code; (ii) shall be paid in equal monthly installments; and (iii) shall be considered a part of the state minimum salaries for teachers.

§18A-4-8a. Service personnel minimum monthly salaries.

(a) Effective July 1, 2024, the minimum monthly pay for each service employee shall be as follows:

(1) For school year 2024-2025 and continuing thereafter, the minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the State Minimum Pay Scale Pay Grade Schedule set forth in this subdivision and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated in the State Minimum Pay Scale Pay Grade Schedule set forth in this subdivision.

STATE MINIMUM PAY SCALE PAY GRADE SCHEDULE
Years	PAY GRADE
Exp.	A	B	C	D	E	F	G	H
0	2,377	2,398	2,440	2,493	2,546	2,609	2,641	2,714
1	2,409	2,431	2,472	2,525	2,579	2,642	2,673	2,747
2	2,442	2,463	2,505	2,558	2,611	2,674	2,706	2,779
3	2,474	2,496	2,538	2,591	2,644	2,707	2,739	2,812
4	2,507	2,529	2,570	2,623	2,676	2,740	2,771	2,846
5	2,540	2,561	2,603	2,656	2,709	2,772	2,804	2,878
6	2,572	2,594	2,637	2,689	2,742	2,805	2,837	2,911
7	2,606	2,626	2,669	2,721	2,774	2,838	2,869	2,944
8	2,639	2,659	2,702	2,754	2,807	2,870	2,902	2,976
9	2,671	2,692	2,735	2,788	2,840	2,903	2,934	3,009
10	2,704	2,725	2,767	2,820	2,872	2,937	2,968	3,042
11	2,737	2,758	2,800	2,853	2,905	2,969	3,001	3,074
12	2,769	2,791	2,832	2,886	2,939	3,002	3,033	3,107
13	2,802	2,823	2,865	2,918	2,971	3,034	3,066	3,140
14	2,835	2,856	2,898	2,951	3,004	3,067	3,099	3,172
15	2,867	2,889	2,930	2,983	3,036	3,100	3,131	3,205
16	2,900	2,921	2,963	3,016	3,069	3,132	3,164	3,238
17	2,932	2,954	2,997	3,049	3,102	3,165	3,197	3,271
18	2,965	2,987	3,029	3,081	3,134	3,198	3,229	3,304
19	2,999	3,019	3,062	3,114	3,167	3,230	3,262	3,336
20	3,031	3,052	3,095	3,148	3,200	3,263	3,295	3,370
21	3,064	3,084	3,127	3,180	3,232	3,296	3,327	3,404
22	3,097	3,118	3,160	3,213	3,265	3,329	3,361	3,436
23	3,129	3,151	3,193	3,246	3,299	3,363	3,395	3,470
24	3,162	3,183	3,225	3,278	3,331	3,397	3,428	3,504
25	3,195	3,216	3,258	3,311	3,365	3,429	3,462	3,536
26	3,227	3,249	3,290	3,345	3,399	3,463	3,494	3,570
27	3,260	3,281	3,323	3,377	3,431	3,495	3,528	3,603
28	3,293	3,314	3,357	3,411	3,465	3,529	3,562	3,637
29	3,325	3,348	3,390	3,443	3,498	3,563	3,594	3,671
30	3,359	3,380	3,424	3,477	3,531	3,595	3,628	3,704
31	3,392	3,414	3,458	3,511	3,565	3,629	3,662	3,737
32	3,426	3,447	3,490	3,544	3,597	3,663	3,694	3,771
33	3,460	3,480	3,524	3,578	3,631	3,695	3,728	3,804
34	3,492	3,514	3,558	3,612	3,665	3,729	3,762	3,837
35	3,526	3,548	3,590	3,644	3,697	3,763	3,795	3,871
36	3,560	3,581	3,624	3,678	3,732	3,796	3,829	3,903
37	3,592	3,615	3,658	3,712	3,766	3,830	3,862	3,937
38	3,626	3,647	3,690	3,744	3,798	3,863	3,895	3,971
39	3,660	3,681	3,724	3,778	3,832	3,896	3,929	4,003
40	3,692	3,715	3,757	3,811	3,866	3,930	3,962	4,037

 

(2) Each service employee shall receive the amount prescribed in the State Minimum Pay Scale Pay Grade in accordance with the provisions of this subsection according to their class title and pay grade as set forth in this subdivision:

CLASS TITLE	PAY GRADE
Accountant I	D
Accountant II	E
Accountant III	F
Accounts Payable Supervisor	G
Aide I	A
Aide II	B
Aide III	C
Aide IV	D
Aide V – Temporary Authorization	E
Aide V	F
Aide VI – Temporary Authorization	E
Aide VI	F
Audiovisual Technician	C
Auditor	G
Autism Mentor	F
Braille Specialist	E
Bus Operator	D
Buyer	F
Cabinetmaker	G
Cafeteria Manager	D
Carpenter I	E
Carpenter II	F
Chief Mechanic	G
Clerk I	B
Clerk II	C
Computer Operator	E
Cook I	A
Cook II	B
Cook III	C
Crew Leader	F
Custodian I	A
Custodian II	B
Custodian III	C
Custodian IV	D
Director or Coordinator of Services	H
Draftsman	D
Early Childhood Classroom Assistant Teacher I	E
Early Childhood Classroom Assistant Teacher II	E
Early Childhood Classroom Assistant Teacher III	F
Educational Sign Language Interpreter I	F
Educational Sign Language Interpreter II	G
Electrician I	F
Electrician II	G
Electronic Technician I	F
Electronic Technician II	G
Executive Secretary	G
Food Services Supervisor	G
Foreman	G
General Maintenance	C
Glazier	D
Graphic Artist	D
Groundsman	B
Handyman	B
Heating and Air Conditioning Mechanic I	E
Heating and Air Conditioning Mechanic II	G
Heavy Equipment Operator	E
Inventory Supervisor	D
Key Punch Operator	B
Licensed Practical Nurse	F
Locksmith	G
Lubrication Man	C
Machinist	F
Mail Clerk	D
Maintenance Clerk	C
Mason	G
Mechanic	F
Mechanic Assistant	E
Office Equipment Repairman I	F
Office Equipment Repairman II	G
Painter	E
Paraprofessional	F
Payroll Supervisor	G
Plumber I	E
Plumber II	G
Printing Operator	B
Printing Supervisor	D
Programmer	H
Roofing/Sheet Metal Mechanic	F
Sanitation Plant Operator	G
School Bus Supervisor	E
Secretary I	D
Secretary II	E
Secretary III	F
Sign Support Specialist	E
Supervisor of Maintenance	H
Supervisor of Transportation	H
Switchboard Operator-Receptionist	D
Truck Driver	D
Warehouse Clerk	C
Watchman	B
Welder	F
WVEIS Data Entry and Administrative Clerk	B

 

(b) An additional $12 per month is added to the minimum monthly pay of each service person who holds a high school diploma or its equivalent.

(c) An additional $11 per month also is added to the minimum monthly pay of each service person for each of the following:

(1) A service person who holds 12 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(2) A service person who holds 24 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(3) A service person who holds 36 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(4) A service person who holds 48 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(5) A service employee who holds 60 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(6) A service person who holds 72 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(7) A service person who holds 84 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(8) A service person who holds 96 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(9) A service person who holds 108 college hours or comparable credit obtained in a trade or vocational school as approved by the state board;

(10) A service person who holds 120 college hours or comparable credit obtained in a trade or vocational school as approved by the state board.

(d) An additional $40 per month also is added to the minimum monthly pay of each service person for each of the following:

(1) A service person who holds an associate’s degree;

(2) A service person who holds a bachelor’s degree;

(3) A service person who holds a master’s degree;

(4) A service person who holds a doctorate degree.

(e) An additional $11 per month is added to the minimum monthly pay of each service person for each of the following:

(1) A service person who holds a bachelor’s degree plus 15 college hours;

(2) A service person who holds a master’s degree plus 15 college hours;

(3) A service person who holds a master’s degree plus 30 college hours;

(4) A service person who holds a master’s degree plus 45 college hours; and

(5) A service person who holds a master’s degree plus 60 college hours.

(f) Each service person is paid a supplement, as set forth in §18A-4-5 of this code, of $164 per month, subject to the provisions of that section. These payments: (i) Are in addition to any amounts prescribed in the applicable State Minimum Pay Scale Pay Grade, any specific additional amounts prescribed in this section and article and any county supplement in effect in a county pursuant to §18A-4-5b of this code; (ii) are paid in equal monthly installments; and (iii) are considered a part of the state minimum salaries for service personnel.

(g) When any part of a school service person’s daily shift of work is performed between the hours of 6:00 p. m. and 5:00 a. m. the following day, the employee is paid no less than an additional $10 per month and one half of the pay is paid with local funds.

(h) Any service person required to work on any legal school holiday is paid at a rate one and one-half times the person’s usual hourly rate.

(i) Any full-time service personnel required to work in excess of their normal working day during any week which contains a school holiday for which they are paid is paid for the additional hours or fraction of the additional hours at a rate of one and one-half times their usual hourly rate and paid entirely from county board funds.

(j) A service person may not have his or her daily work schedule changed during the school year without the employee’s written consent and the person’s required daily work hours may not be changed to prevent the payment of time and one-half wages or the employment of another employee.

(k) The minimum hourly rate of pay for extra duty assignments as defined in §18A-4-8b of this code is no less than one seventh of the person’s daily total salary for each hour the person is involved in performing the assignment and paid entirely from local funds: Provided, That an alternative minimum hourly rate of pay for performing extra duty assignments within a particular category of employment may be used if the alternate hourly rate of pay is approved both by the county board and by the affirmative vote of a two-thirds majority of the regular full-time persons within that classification category of employment within that county: Provided, however, That the vote is by secret ballot if requested by a service person within that classification category within that county. The salary for any fraction of an hour the employee is involved in performing the assignment is prorated accordingly. When performing extra duty assignments, persons who are regularly employed on a one-half day salary basis shall receive the same hourly extra duty assignment pay computed as though the person were employed on a full-day salary basis.

(l) The minimum pay for any service personnel engaged in the removal of asbestos material or related duties required for asbestos removal is their regular total daily rate of pay and no less than an additional $3 per hour or no less than $5 per hour for service personnel supervising asbestos removal responsibilities for each hour these employees are involved in asbestos-related duties. Related duties required for asbestos removal include, but are not limited to, travel, preparation of the work site, removal of asbestos, decontamination of the work site, placing and removal of equipment and removal of structures from the site. If any member of an asbestos crew is engaged in asbestos-related duties outside of the employee’s regular employment county, the daily rate of pay is no less than the minimum amount as established in the employee’s regular employment county for asbestos removal and an additional $30 per each day the employee is engaged in asbestos removal and related duties. The additional pay for asbestos removal and related duties shall be payable entirely from county funds. Before service personnel may be used in the removal of asbestos material or related duties, they shall have completed a federal Environmental Protection Act-approved training program and be licensed. The employer shall provide all necessary protective equipment and maintain all records required by the Environmental Protection Act.

(m) For the purpose of qualifying for additional pay as provided in §18A-5-8 of this code, an aide is considered to be exercising the authority of a supervisory aide and control over pupils if the aide is required to supervise, control, direct, monitor, escort, or render service to a child or children when not under the direct supervision of a certified professional person within the classroom, library, hallway, lunchroom, gymnasium, school building, school grounds, or wherever supervision is required. For purposes of this section, "under the direct supervision of a certified professional person" means that certified professional person is present, with and accompanying the aide.

 

The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

 

 

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Clerk of the House of Delegates

 

 

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Clerk of the Senate

               

 

 

Originated in the House of Delegates.

 

In effect ninety days from passage.

 

 

 

 

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Speaker of the House of Delegates

 

 

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President of the Senate

 

 

__________

 

 

 

The within is ................................................ this the...........................................

 

Day of ..........................................................................................................., 2024.

 

 

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Governor