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Enrolled Version - Final Version House Bill 4883 History

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Key: Green = existing Code. Red = new code to be enacted

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 July 1, 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.

 

 

...............................................................

Clerk of the House of Delegates

 

 

...............................................................

Clerk of the Senate

               

 

 

Originated in the House of Delegates.

 

In effect July 1, 2024.

 

 

 

 

...............................................................

Speaker of the House of Delegates

 

 

...............................................................

President of the Senate

 

 

__________

 

 

 

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

 

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

 

 

.............................................................

Governor

 

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