H. B. 3059

         (By Delegates Smith, Hall, Lawrence, Poore,

                   Rodighiero and Wells)

         [Introduced January 11

, 2012; referred to the

         Committee on Education then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by     adding thereto two new sections, designated §18A-4-2c and     §18A-4-8j; and to amend said code by adding thereto a new     section, designated §18B-7-1a, all relating to providing pay     rates for teachers and other personnel employed by county     boards of education and institutions of higher education for     work assignments outside of regular school days or regular     employment duties or beyond contracted employment periods.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §18A-4-2c and §18A-4-8j; and to amend said code by adding thereto a new section, designated §18B-7-1a, all to read as follows:

CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-2c. Teacher pay rate for work assignment outside regular school day or beyond a contracted employment period.

    Any teacher employed by a county board of education or a regional educational service agency performing any work assignment outside the regular school day or beyond a contracted employment period shall be compensated at a rate of pay equal to or greater than the calculated daily rate of pay based on the employee's current salary. All statutory and policy protections provided to the employee during regular employment extend to the employment occurring outside the normal workday or contract.

§18A-4-8j. Teacher pay rate for work assignment outside regular school day or beyond a contracted employment period.

    Any service personnel employed by a county board of education or a regional educational service agency performing any work assignment outside the regular school day or beyond a contracted employment period shall be compensated at a rate of pay equal to or greater than the calculated daily rate of pay based on the employee's current salary. All statutory and policy protections provided to the employee during regular employment extend to the employment occurring outside the normal workday or contract.

CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 7. PERSONNEL GENERALLY.

§18B-7-1a. Employee pay rate for work assignment outside regular employment duties or beyond contracted employment terms.

    Any employee of an institution of higher education performing any work assignment outside the regular employment duties or beyond contracted employment terms shall be compensated at a rate of pay equal to or greater than the calculated daily rate of pay based on the employee's current salary. All statutory and policy protections provided to the employee during regular employment extend to the employment occurring outside the normal workday or contract.

    NOTE: The purpose of this bill is to provide pay rates for teachers and service personnel employed by county boards of education and institutions of higher education for work assignments outside regular school days or regular employment duties or beyond contracted employment periods.

    These sections are new; therefore, they have been completely underscored.