WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-THIRD LEGISLATURE

REGULAR SESSION, 2018

FORTY-SECOND DAY

____________

Charleston, West Virginia, Tuesday, February 20, 2018

The Senate met at 11:15 a.m.

(Senator Carmichael, Mr. President, in the Chair.)

Prayer was offered by Pastor Steve Harley, Gateway Christian Church, Scott Depot, West Virginia.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Corey Palumbo, a senator from the seventeenth district.

Pending the reading of the Journal of Monday, February 19, 2018,

At the request of Senator Maroney, unanimous consent being granted, the Journal was approved and the further reading thereof dispensed with.

The Senate proceeded to the second order of business and the introduction of guests.

The Senate then proceeded to the third order of business.

A message from the Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill 2464—A Bill to amend and reenact §46A-6-107 of the Code of West Virginia, 1931, as amended, relating to disclaimers and exclusions of warranties in consumer transactions for goods; permitting waivers of warranty for defects and malfunctions in certain used manufactured homes; permitting waivers of express and implied warranties in the sale of certain used manufactured homes; and providing for the manner and content of waivers executed by the buyer and seller for the sale of certain used manufactured homes.

Referred to the Committee on the Judiciary.

A message from the Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

Eng. House Bill 4376—A Bill expiring funds to the balance of the Department of Health and Human Resources, Division of Health -– Medical Cannabis Program Fund, fund 5420, fiscal year 2018, organization 0506, in the amount of $2,953,990 from the Department of Health and Human Resource, Division of Health – The Vital Statistics Account, fund 5144, fiscal year 2018, organization 0506, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2018, to the Department of Health and Human Resource, Division of Health – The Vital Statistics Account, fund 5144, fiscal year 2018, organization 0506, to the Department of Health and Human Resources, Division of Health - Laboratory Services Fund, fund 5163, fiscal year 2018, organization 0506, to the Department of Health and Human Resource, Division of Health – Medical Cannabis Program Fund, fund 5420, fiscal year 2018, organization 0506, and to the Department of Health and Human Resources, Division of Human Services – Health Care Provider Tax, Medicaid State Share Fund, fund 5090, fiscal year 2018, organization 0511, by supplementing and amending chapter one, Acts of the Legislature, 1st extraordinary session, 2017, known as the budget bill.

Referred to the Committee on Finance.

A message from the Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

Eng. House Bill 4389—A Bill expiring funds to the balance of the West Virginia Enterprise Resource Planning Board - Enterprise Resource Planning System Fund, fund 9080, fiscal year 2018, organization 0947, in the amount of $1,133,000 from the Auditor’s Office – Securities Regulation Fund, fund 1225, fiscal year 2018, organization 1200, and in the amount of $1,133,000 from the Treasurer’s Office, Banking Services Expense Fund, fund 1322, fiscal year 2018, organization 1300 for the fiscal year ending June 30, 2018.

Referred to the Committee on Finance.

A message from the Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill 4400—A Bill to repeal §33-20F-6 of the Code of West Virginia, 1931, as amended, and to amend and reenact §33-20F-3, §33-20F-5, and §33-20F-9 of said code, all relating to the West Virginia Physicians Mutual Insurance Company; removing language that is no longer relevant to the operation of the company as a private mutual insurance company; and adding language to accommodate policies written to physicians outside the State of West Virginia.

Referred to the Committee on the Judiciary.

A message from the Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill 4473—A Bill to amend and reenact §6B-2B-1, §6B-2B-2 and §6B-2B-4 of the Code of West Virginia, 1931, as amended, all relating to use of state funds for advertising to promote a public official or government office; defining terms; and clarifying limitations on the production of educational materials and press releases produced with public funds.

Referred to the Committee on the Judiciary.

The Senate proceeded to the fourth order of business.

            Senator Maynard, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 19th day of February, 2018, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

            (S. B. 62), Adjusting requirements for hiring school attendance directors.

            And,

            (Com. Sub. for H. B. 2546), Allowing replacement costs of employer provided property to be deducted from an employee’s final paycheck if the property is not returned.

                                                                        Respectfully submitted,

                                                                          Mark R. Maynard,

                                                                            Chair, Senate Committee.

                                                                          Roger Hanshaw,

                                                                            Chair, House Committee.

Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Com. Sub. for Senate Bill 30, Relating generally to hunting with dogs.

And reports the same back with the recommendation that it do pass.

Respectfully submitted,

  Charles S. Trump IV,

    Chair.

Senator Maynard, from the Committee on Natural Resources, submitted the following report, which was received:

Your Committee on Natural Resources has had under consideration

Senate Bill 112, Clarifying that natural resources police officers’ subsistence allowance is pensionable.

And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Pensions.

Respectfully submitted,

  Mark R. Maynard,

    Chair.

At the request of Senator Karnes, as chair of the Committee on Pensions, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Natural Resources.

Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Com. Sub. for Senate Bill 307 (originating in the Committee on Transportation and Infrastructure), Declaring fundraising on state highway or roadway by volunteer fire department is not obstruction or nuisance.

And reports back a committee substitute for same with the following title:

Com. Sub. for Com. Sub. for Senate Bill 307 (originating in the Committee on the Judiciary)—A Bill to amend and reenact §17-16-1 of the Code of West Virginia, 1931, as amended, relating to declaring that fundraising conducted by a volunteer fire department, school sponsored or approved group, bona fide charity, or non-profit entity on a state highway or roadway within the boundaries of a municipality does not constitute an obstruction or nuisance if done during daylight hours, at signal controlled intersections requiring all vehicles to stop, or at a location approved by municipal law enforcement.

With the recommendation that the committee substitute for committee substitute do pass.

Respectfully submitted,

  Charles S. Trump IV,

    Chair.

Senator Blair, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration

Com. Sub. for Senate Bill 359, Authorizing Supreme Court establish curricula for mental hygiene commissioners and certain magistrates.

Com. Sub. for Senate Bill 467, Relating generally to Public Defender Services.

Com. Sub. for Senate Bill 490, Relating to Revised Uniform Athlete Agents Act of 2015.

And,

Com. Sub. for Senate Bill 501, Relating to accrued benefit of retirees in Deputy Sheriff Retirement System.

And reports the same back with the recommendation that they each do pass.

Respectfully submitted,

  Craig Blair,

    Chair.

Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill 491, Establishing fee for expungement of certain criminal convictions.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill 491 (originating in the Committee on the Judiciary)—A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to distribution of portions of the filing fee charged for the expungement of certain criminal convictions upon proper petition.

And,

Senate Bill 549, Creating felony offense of intimidation or harassment of certain persons that causes injury or loss to person or property.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill 549 (originating in the Committee on the Judiciary)—A Bill to amend and reenact §61—5—27 of the Code of West Virginia, 1931, as amended, relating to equalizing the criminal penalties for intimidating and retaliating against public officers and employees, jurors, and witnesses; increasing penalty for intimidation of such persons to a felony; and establishing criminal penalties.

With the recommendation that the two committee substitutes do pass.

Respectfully submitted,

  Charles S. Trump IV,

    Chair.

Senator Azinger, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration

Senate Bill 493, Relating to WV Life and Health Insurance Guaranty Association Act.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill 493 (originating in the Committee on Banking and Insurance)—A Bill to repeal §33-26B-1, §33-26B-2, §33-26B-3, §33-26B-4, §33-26B-5, §33-26B-6, §33-26B-7, §33-26B-8, §33-26B-9, §33-26B-10, §33-26B-11, §33-26B-12, §33-26B-13, §33-26B-14, §33-26B-15, and §33-26B-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-26A-2, §33-26A-3, §33-26A-5, §33-26A-6, §33-26A-7, §33-26A-8, §33-26A-9, §33-26A-11, §33-26A-12, §33-26A-14, and §33-26A-19 of this code, all relating to guaranty associations; repealing West Virginia Health Maintenance Organization Guaranty Association Act; and updating West Virginia Life and Health Insurance Guaranty Association Act to maintain consistency with National Association of Insurance Commissioners Life and Health Insurance Guaranty Association Model Act.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

  Michael T. Azinger,

    Chair.

Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill 521, Requiring chief executive of municipal law-enforcement agency be certified law-enforcement officer.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill 521 (originating in the Committee on the Judiciary)—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-29-13, relating to requiring any newly appointed chief executive of a municipal law-enforcement agency to be a certified law-enforcement officer; and providing that chief executives employed prior to the effective date are exempt from this requirement.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

  Charles S. Trump IV,

    Chair.

Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill 535, Dedicating increased court fees in criminal cases to fund training programs for law-enforcement officers.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill 535 (originating in the Committee on the Judiciary)—A Bill to amend and reenact §30-29-4 of the Code of West Virginia, 1931, as amended, relating to increasing a fee added to the usual court costs of all criminal proceedings and increasing fee added to the amount of any cash or property bond posted for violation of any criminal law, the proceeds of which are dedicated to the funding of training, professional development, and certification programs for law-enforcement officers and to paying the expenses of the Law Enforcement Professional Standards Subcommittee.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

  Charles S. Trump IV,

    Chair.

Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill 576, Relating to Patient Injury Compensation Fund.

And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.

Respectfully submitted,

  Charles S. Trump IV,

    Chair.

At the request of Senator Blair, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.

Senator Blair, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration

Eng. Com. Sub. for House Bill 4024, Relating generally to direct cremation or direct burial expenses for indigent persons.

And has amended same.

And reports the same back with the recommendation that it do pass, as amended.

Respectfully submitted,

  Craig Blair,

    Chair.

Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill 4169, Requiring certain establishments and facilities to post human trafficking assistance notices.

And has amended same.

And reports the same back with the recommendation that it do pass, as amended.

Respectfully submitted,

  Charles S. Trump,

    Chair.

The Senate proceeded to the sixth order of business.

            Senators Unger, Rucker, Blair, Trump, Plymale, and Beach offered the following resolution:

            Senate Resolution 46—Recognizing the achievements and contributions of Berkeley County and its citizens to the great State of West Virginia.

Whereas, Berkeley County was founded in 1772, named for Lord Norborne Berkeley, and has a population of 104,169 people, making it the second most populated county in the state and the second oldest county in the state; and

Whereas, Berkeley County is located in the Eastern Panhandle, bordering Maryland to the north and Virginia to the south, and in close proximity to many major cities; and

Whereas, Martinsburg, named for Thomas Bryan Martin, is located in Berkeley County, and continues to be the focus of business in the county; and

Whereas, In the 1840s, the development of the B&O Railroad helped boost Berkeley County’s economy by providing excellent transportation and helped transport goods; and

Whereas, Berkeley County was and is known for its apples, socks, frocks, and rocks, with a booming apple industry, garment industry, woolen mills, and limestone quarries in its rich valley land along many streams; and

Whereas, Many notable people have come from Berkeley County, such as surgeon and soldier Adam Stephen, Admiral Charles Boarman, Minister to France, Charles James Faulkner, Sr., and foremost journalist and illustrator, David Hunter Strother; and

Whereas, In 2014, Berkeley won second place in the Clean County Contest during the West Virginia Educational Conference on Litter Control and Solid Waste Management and the county won first place in the contest in 2015 and 2016; and

Whereas, In 2016, the Department of Environment Protection recognized Berkeley County schools for their energy efficiency and the Berkeley County Sheriff’s Department was recognized as being number one in DUI arrests by the Safe Community Program; and

Whereas, Martinsburg has Berkeley County placed on the National Register of Historic Places with nine historic districts; and

Whereas, Berkeley County is already a landing spot for many major industries and employers throughout the country such as GM, Quad Graphics, Macy’s, and Procter & Gamble.

Whereas, Procter & Gamble’s new facility is scheduled to begin production in the first quarter of 2018. The construction of the facility in Berkeley County has created 1,000 temporary construction and 900 full-time jobs; and

Whereas, Berkeley County is a place where small-town communities thrive in a vibrant economy, offering art, history, and more; therefore, be it

Resolved by the Senate:

That the Senate hereby recognizes the achievements and contributions of Berkeley County and its citizens to the great State of West Virginia; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives from Berkeley County.

At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

Thereafter, at the request of Senator Ferns, and by unanimous consent, the remarks by Senators Unger, Rucker, Blair, Trump, and Plymale regarding the adoption of Senate Resolution 46 were ordered printed in the Appendix to the Journal.

On motion of Senator Ferns, at 11:42 a.m., the Senate recessed to present Senate Resolution 46.

The Senate reconvened at 11:46 a.m. today and resumed business under the sixth order, which agenda includes the making of main motions.

On motion of Senator Ferns, the Senate requested the return from the House of Delegates of

Eng. Senate Bill 398, Relating to requirements for making consumer loans.

Passed by the Senate on yesterday, Monday, February 20, 2018,

The bill still being in the possession of the Senate,

On motion of Senator Ferns, the Senate reconsidered the vote as to the passage of the bill.

The vote thereon having been reconsidered,

The question again being “Shall Engrossed Senate Bill 398 pass?”

On the passage of the bill, the yeas were: Arvon, Azinger, Blair, Boley, Boso, Clements, Cline, Drennan, Ferns, Gaunch, Karnes, Mann, Maroney, Maynard, Plymale, Rucker, Smith, Swope, Takubo, Trump, Weld, and Carmichael (Mr. President)—22.

The nays were: Baldwin, Beach, Facemire, Jeffries, Ojeda, Palumbo, Prezioso, Romano, Stollings, Sypolt, Unger, and Woelfel—12.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. 398) passed with its title.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

The Senate proceeded to the seventh order of business.

Senate Concurrent Resolution 29, US Army SGT Benny Fleming Memorial Bridge.

On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

Senate Concurrent Resolution 30, Requesting study of legal procedures and fiscal means for state to acquire idle railway property.

On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary; and then to the Committee on Rules.

Senate Concurrent Resolution 31, Requesting study of eliminating “dead spots” in wireless coverage in WV.

On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Government Organization; and then to the Committee on Rules.

The Senate proceeded to the eighth order of business.

Eng. Com. Sub. for Com. Sub. for Senate Bill 319, Allowing individuals who completed home schooling be eligible for PROMISE scholarship without equivalent diploma.

On third reading, coming up in regular order, was read a third time and put upon its passage.

Pending discussion,

The question being “Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill 319 pass?”

On the passage of the bill, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. 319) passed with its title.

Senator Ferns moved that the bill take effect July 1, 2018.

On this question, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. 319) takes effect July 1, 2018.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill 406, Clarifying that ground emergency medical transportation is eligible for Medicare and Medicaid reimbursement.

On third reading, coming up in regular order, was read a third time and put upon its passage.

On the passage of the bill, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. 406) passed with its title.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill 415, Permitting wagering on certain professional or collegiate sports events authorized as WV Lottery Sports Wagering activities.

On third reading, coming up in regular order, was read a third time and put upon its passage.

Pending extended discussion,

(Senator Weld in the Chair.)

            Pending discussion,

(Senator Carmichael, Mr. President, in the Chair.)

            Pending discussion,

The question being “Shall Engrossed Committee Substitute for Senate Bill 415 pass?”

On the passage of the bill, the yeas were: Arvon, Baldwin, Blair, Boley, Boso, Clements, Cline, Drennan, Ferns, Jeffries, Karnes, Mann, Maroney, Ojeda, Palumbo, Plymale, Rucker, Stollings, Swope, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—25.

The nays were: Azinger, Beach, Facemire, Gaunch, Maynard, Prezioso, Romano, Smith, and Sypolt—9.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 415) passed with its title.

Senator Ferns moved that the bill take effect from passage.

On this question, the yeas were: Arvon, Baldwin, Blair, Boley, Boso, Clements, Cline, Drennan, Ferns, Jeffries, Karnes, Mann, Maroney, Ojeda, Palumbo, Plymale, Rucker, Stollings, Swope, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—25.

The nays were: Azinger, Beach, Facemire, Gaunch, Maynard, Prezioso, Romano, Smith, and Sypolt—9.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 415) takes effect from passage.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill 450, Collecting and analyzing statistical information pertaining to terminating pregnancies under Medicaid Program.

On third reading, coming up in regular order, was read a third time and put upon its passage.

On the passage of the bill, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 450) passed with its title.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill 451, Relating generally to hunting and fishing.

On third reading, coming up in regular order, was read a third time and put upon its passage.

On the passage of the bill, the yeas were: Arvon, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—33.

The nays were: Azinger—1.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 451) passed with its title.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill 475, Industrial Hemp Development Act.

On third reading, coming up in regular order, was read a third time and put upon its passage.

Pending discussion,

The question being “Shall Engrossed Committee Substitute for Senate Bill 475 pass?”

On the passage of the bill, the yeas were: Arvon, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—33.

The nays were: Azinger—1.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 475) passed.

On motion of Senator Sypolt, the following amendment to the title of the bill was reported by the Clerk and adopted:

Eng. Com. Sub. for Senate Bill 475—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-16-3a, all relating generally to industrial hemp; authorizing the Commissioner of Agriculture to create and administer an industrial hemp seed certification program; authorizing the commissioner to obtain and develop seed varieties for industrial hemp production; permitting holders of an industrial hemp license to obtain a license for the development of industrial hemp varieties for certification; authorizing imposition of a fee to be determined by the commissioner; authorizing emergency rulemaking and requiring legislative rulemaking; and requiring the program be consistent with state and federal law.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill 479, Establishing local government monitoring by Auditor.

On third reading, coming up in regular order, was read a third time and put upon its passage.

On the passage of the bill, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. 479) passed with its title.

Senator Ferns moved that the bill take effect from passage.

On this question, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. 479) takes effect from passage.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Senate Bill 494, Considering members of State Teachers Retirement System absent while serving as officer with statewide professional association.

On third reading, coming up in regular order, was read a third time and put upon its passage.

Pending discussion,

The question being “Shall Engrossed Senate Bill 494 pass?”

On the passage of the bill, the yeas were: Arvon, Azinger, Blair, Boley, Boso, Cline, Drennan, Ferns, Gaunch, Karnes, Mann, Maynard, Rucker, Swope, Sypolt, Takubo, Trump, Weld, and Carmichael (Mr. President)—19.

The nays were: Baldwin, Beach, Clements, Facemire, Jeffries, Maroney, Ojeda, Palumbo, Plymale, Prezioso, Romano, Stollings, Unger, and Woelfel—14.

Absent: Smith—1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. 494) passed.

On motion of Senator Trump, the following amendment to the title of the bill was reported by the Clerk and adopted:

Eng. Senate Bill 494A Bill to amend and reenact §18-7A-17 of the Code of West Virginia, 1931, as amended, relating to providing that, effective July 1, 2018, members and retirants of the State Teachers Retirement System shall be considered absent from service as a teacher or nonteacher while serving as an officer with a statewide professional teaching association.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. Com. Sub. for Senate Bill 512, Authorizing certain WV courthouse security officers carry concealed weapons.

On third reading, coming up in regular order, was read a third time and put upon its passage.

On the passage of the bill, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 512) passed with its title.

Senator Ferns moved that the bill take effect from passage.

On this question, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 512) takes effect from passage.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Eng. House Bill 4380, Making a supplementary appropriation to the Department of Agriculture.

On third reading, coming up in regular order, was read a third time and put upon its passage.

On the passage of the bill, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. 4380) passed with its title.

Senator Ferns moved that the bill take effect from passage.

On this question, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. 4380) takes effect from passage.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate.

Eng. House Bill 4381, Making a supplementary appropriation to the Department of Education.

On third reading, coming up in regular order, was read a third time and put upon its passage.

On the passage of the bill, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. 4381) passed with its title.

Senator Ferns moved that the bill take effect from passage.

On this question, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. 4381) takes effect from passage.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate.

Eng. House Bill 4384, Making a supplementary appropriation to the Department of Transportation.

On third reading, coming up in regular order, was read a third time and put upon its passage.

On the passage of the bill, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. 4384) passed with its title.

Senator Ferns moved that the bill take effect from passage.

On this question, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. 4384) takes effect from passage.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate.

Eng. House Bill 4386, Making a supplementary appropriation to the Department of Health and Human Resources, Division of Health – Community Mental Health Services.

On third reading, coming up in regular order, was read a third time and put upon its passage.

On the passage of the bill, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. 4386) passed with its title.

Senator Ferns moved that the bill take effect from passage.

On this question, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Mann, Maroney, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—34.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. 4386) takes effect from passage.

Ordered, That the Clerk communicate to the House of Delegates the action of the Senate.

The Senate proceeded to the ninth order of business.

Com. Sub. for Senate Bill 477, Relating to five-year sunset on tax credits and incentives.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

The Senate proceeded to the tenth order of business.

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

Com. Sub. for Senate Bill 412, Relating to authority of county litter control officers.

Com. Sub. for Com. Sub. for Senate Bill 474, Requiring that certain documents filed pursuant to WV Jobs Act which include records of wages be considered confidential.

Com. Sub. for Senate Bill 522, Relating generally to Administrative Procedures Act.

Senate Bill 523, Relating to tax treatment of pollution control facilities and wind power projects.

Com. Sub. for Senate Bill 543, Relating to confidentiality of medical records.

Senate Bill 626, Relating generally to coal mining.

And,

Eng. Com. Sub. for House Bill 4142, Providing certain employees of the Division of Corrections, Division of Juvenile Services, and West Virginia Regional Jail and Correctional Facility Authority a salary adjustment.

Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,

On motion of Senator Ferns, at 1:28 p.m., the Senate recessed until 4:30 p.m. today.

            The Senate reconvened at 6:02 p.m. today and, at the request of Senator Ferns, and by unanimous consent, returned to the fourth order of business.

Senator Carmichael (Mr. President), from the Committee on Rules, submitted the following report, which was received:

Your Committee on Rules has had under consideration

Eng. Com. Sub. for Senate Bill 267, Increasing salaries of certain state employees.

Having been amended by the House of Delegates and received as a House message on Thursday, February 15, 2018, which was taken up for immediate consideration.

And has amended same.

And reports the same back with the recommendation that it do pass as last amended by the Committee on Rules.

Respectfully submitted,

  Mitch Carmichael,

    Chairman ex officio.

At the request of Senator Ferns, unanimous consent being granted, the bill (Eng. Com. Sub. for S. B. 267) contained in the preceding report from the Committee on Rules was taken up for immediate consideration.

The following amendment to the House of Delegates amendments to the bill, from the Committee on Rules, was reported by the Clerk:

By striking out everything after the enacting clause and inserting in lieu thereof the following:

CHAPTER 15. PUBLIC SAFETY

ARTICLE 2. WEST VIRGINIA STATE POLICE.

§15-2-5. Career progression system; salaries; exclusion from wages and hour law, 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: The promotion of members to the supervisory ranks of sergeant, first sergeant, second lieutenant, and first lieutenant; the classification of nonsupervisory members within the field operations force to the ranks of trooper, senior trooper, trooper first class, or corporal; the classification of members assigned to the forensic laboratory as criminalist I-VIII; and the temporary reclassification of members assigned to administrative duties as administrative support specialist I-VIII.

(b) The superintendent may propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a §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.

(d) Beginning on July 1, 2011 July 1, 2018, 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........................................................................................... $ 33,994

Cadet Trooper After Training................................................................................ $ 41,258

Trooper Second Year........................................................................................... 42,266

Trooper Third Year............................................................................................... 42,649

Senior Trooper...................................................................................................... 43,048

Trooper First Class............................................................................................... 43,654

Corporal................................................................................................................ 44,260

Sergeant................................................................................................................ 48,561

First Sergeant....................................................................................................... 50,712

Second Lieutenant................................................................................................ 52,862

First Lieutenant..................................................................................................... 55,013

Captain.................................................................................................................. 57,164

Major..................................................................................................................... 59,314

Lieutenant Colonel................................................................................................ 61,465

ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION

I ............................................................................................................................ 42,266

II ........................................................................................................................... 43,048

III .......................................................................................................................... 43,654

IV .......................................................................................................................... 44,260

V ........................................................................................................................... 48,561

VI .......................................................................................................................... 50,712

VII ......................................................................................................................... 52,862

VIII ........................................................................................................................ 55,013

ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I ............................................................................................................................ 42,266

II ........................................................................................................................... 43,048

III .......................................................................................................................... 43,654

IV .......................................................................................................................... 44,260

V ........................................................................................................................... 48,561

VI .......................................................................................................................... 50,712

VII ......................................................................................................................... 52,862

VIII ........................................................................................................................ 55,013

ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training........................................................................................... $ 34,858

Cadet Trooper After Training................................................................................ $ 42,122

Trooper Second Year........................................................................................... …43,130

Trooper Third Year............................................................................................... …43,513

Senior Trooper...................................................................................................... …43,912

Trooper First Class............................................................................................... …44,518

Corporal................................................................................................................ …45,124

Sergeant................................................................................................................ …49,425

First Sergeant....................................................................................................... …51,576

Second Lieutenant................................................................................................ …53,726

First Lieutenant..................................................................................................... …55,877

Captain.................................................................................................................. …58,028

Major..................................................................................................................... …60,178

Lieutenant Colonel................................................................................................ 62,329

ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION

I ............................................................................................................................ 43,130

II ........................................................................................................................... 43,912

III .......................................................................................................................... 44,518

IV .......................................................................................................................... 45,124

V ........................................................................................................................... 49,425

VI .......................................................................................................................... 51,576

VII ......................................................................................................................... 53,726

VIII ........................................................................................................................ 55,877

ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I ............................................................................................................................ 43,130

II ........................................................................................................................... 43,912

III .......................................................................................................................... 44,518

IV .......................................................................................................................... 45,124

V ........................................................................................................................... 49,425

VI .......................................................................................................................... 51,576

VII ......................................................................................................................... 53,726

VIII ........................................................................................................................ 55,877

Beginning July 1, 2019, the annual salaries for members of each of the West Virginia State Police, the Administration Support Specialists, and the Criminalist classifications set forth in the schedules in this subsection shall be increased an additional $432.

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.

(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 law. This express exclusion shall not be construed as any indication that the members were or were not covered by the wage and hour law prior to this exclusion.

In lieu of any overtime pay they might otherwise have received under the wage and hour law, 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 article three, chapter twenty-nine-a §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’s 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 section eight, article twenty-nine, chapter thirty §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 18. EDUCATION.

ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

 

§18-9A-8. Foundation allowance for professional student support services.

(a) The basic foundation allowance to the county for professional student support personnel shall be the amount of money determined in accordance with the following:

(1) The sum of the state minimum salaries, as determined in accordance with the provisions of article four, chapter eighteen of this code, for all state aid eligible school nurse and counselor positions in the county during the two thousand eight fiscal year which number shall be reduced in the same proportion as the number of professional educators allowed to be funded under section four of this article to the total number of professional educators employed that are state aid eligible. In performing this calculation, the numerator shall be the number of professional educators actually funded under section four of this article and the denominator shall be the total number of professional educators employed that are eligible to be funded under section four of this article;

(2) The amount derived from the calculation in subdivision (1) of this subsection is increased by one half percent;

(3) The amount derived from the calculation in subdivision (2) of this subsection is the basic foundation allowance to the county for professional student support personnel for the two thousand nine fiscal year;

(4) For fiscal years two thousand ten, two thousand eleven, two thousand twelve and two thousand thirteen, the basic foundation allowance to the county for professional student support personnel increases by one-half percent per year over the allowance for the previous year; and

(5) For all fiscal years thereafter, the basic foundation allowance to the county for professional student support personnel remains the same amount as in the two thousand thirteen fiscal year, plus any additional amount of funding necessary to cover the increases in the State Minimum Salary Schedule set forth in §18A-4-2 of this code effective for the fiscal year beginning July 1, 2018, and thereafter.

(b) The additional positions for counselors that may be created as a result of the one percent increase provided pursuant to this section shall be assigned to schools where the counselor can:

(1) Enhance student achievement;

(2) Provide early intervention for students in grades prekindergarten through five; and

(3) Enhance student development and career readiness.

CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 4. SALARIES, WAGES, AND OTHER BENEFITS.

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

(a) It is the goal of the Legislature to increase the state minimum salary for teachers with zero years of experience and an A. B. degree, including the equity supplement, to at least $43,000 by fiscal year 2019.

(b) Beginning July 1, 2014 (1) For school year 2018 – 2019, and continuing thereafter, each teacher shall receive the amount prescribed in the state 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 section five-a of this article §18A-4-5a of this code during the contract year.

STATE MINIMUM SALARY SCHEDULE

Years

4th

3rd

2nd

 

A.B.

 

M.A.

M.A.

M.A.

Doc-

Exp.

Class

Class

Class

A.B.

+15

M.A.

+15

+30

+45

torate

 

 

 

 

 

 

 

 

 

 

 

0

27,917

28,606

28,872

30,315

31,076

32,843

33,604

34,365

35,126

36,161

 

1

28,245

28,934

29,200

30,833

31,594

33,362

34,123

34,883

35,644

36,679

 

2

28,574

29,262

29,528

31,352

32,113

33,880

34,641

35,402

36,163

37,198

 

3

28,902

29,590

29,856

31,871

32,631

34,399

35,160

35,920

36,681

37,716

 

4

29,474

30,162

30,428

32,633

33,394

35,162

35,923

36,683

37,444

38,479

 

5

29,802

30,490

30,756

33,152

33,913

35,680

36,441

37,202

37,963

38,998

 

6

30,130

30,818

31,084

33,670

34,431

36,199

36,960

37,720

38,481

39,516

 

7

30,458

31,147

31,412

34,189

34,950

36,717

37,478

38,239

39,000

40,035

 

8

30,786

31,475

31,741

34,707

35,468

37,236

37,997

38,757

39,518

40,553

 

9

31,114

31,803

32,069

35,226

35,987

37,754

38,515

39,276

40,037

41,072

 

10

31,443

32,131

32,397

35,746

36,506

38,274

39,035

39,796

40,556

41,591

 

11

31,771

32,459

32,725

36,264

37,025

38,793

39,553

40,314

41,075

42,110

 

12

32,099

32,787

33,053

36,783

37,543

39,311

40,072

40,833

41,593

42,628

 

13

32,427

33,115

33,381

37,301

38,062

39,830

40,590

41,351

42,112

43,147

 

14

32,755

33,443

33,709

37,820

38,580

40,348

41,109

41,870

42,630

43,665

 

15

33,083

33,771

34,037

38,338

39,099

40,867

41,627

42,388

43,149

44,184

 

16

33,411

34,099

34,365

38,857

39,617

41,385

42,146

42,907

43,667

44,702

 

17

33,739

34,428

34,693

39,375

40,136

41,904

42,665

43,425

44,186

45,221

 

18

34,067

34,756

35,022

39,894

40,655

42,422

43,183

43,944

44,705

45,740

 

19

34,395

35,084

35,350

40,412

41,173

42,941

43,702

44,462

45,223

46,258

 

20

34,723

35,412

35,678

40,931

41,692

43,459

44,220

44,981

45,742

46,777

 

21

35,052

35,740

36,006

41,449

42,210

43,978

44,739

45,499

46,260

47,295

 

22

35,380

36,068

36,334

41,968

42,729

44,496

45,257

46,018

46,779

47,814

 

23

35,708

36,396

36,662

42,487

43,247

45,015

45,776

46,536

47,297

48,332

 

24

36,036

36,724

36,990

43,005

43,766

45,534

46,294

47,055

47,816

48,851

 

25

36,364

37,052

37,318

43,524

44,284

46,052

46,813

47,574

48,334

49,369

 

26

36,692

37,380

37,646

44,042

44,803

46,571

47,331

48,092

48,853

49,888

 

27

37,020

37,708

37,974

44,561

45,321

47,089

47,850

48,611

49,371

50,406

 

28

37,348

38,037

38,302

45,079

45,840

47,608

48,368

49,129

49,890

50,925

 

29

37,676

38,365

38,631

45,598

46,358

48,126

48,887

49,648

50,408

51,443

 

30

38,004

38,693

38,959

46,116

46,877

48,645

49,405

50,166

50,927

51,962

 

31

38,333

39,021

39,287

46,635

47,396

49,163

49,924

50,685

51,445

52,480

 

32

38,661

39,349

39,615

47,153

47,914

49,682

50,443

51,203

51,964

52,999

 

33

38,989

39,677

39,943

47,672

48,433

50,200

50,961

51,722

52,483

53,518

 

34

39,317

40,005

40,271

48,190

48,951

50,719

51,480

52,240

53,001

54,036

 

35

39,645

40,333

40,599

48,709

49,470

51,237

51,998

52,759

53,520

54,555

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Years

Exp

4th

Class

3rd

Class

2nd

Class

 

A.B.

A.B.

+ 15

 

M.A.

M.A.

+ 15

M.A.
+ 30

M.A.

+ 45

Doc-

torate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

28,725

29,414

29,680

31,123

31,884

33,651

34,412

35,173

35,934

36,969

1

29,053

29,742

30,008

31,641

32,402

34,170

34,931

35,691

36,452

37,487

2

29,382

30,070

30,336

32,160

32,921

34,688

35,449

36,210

36,971

38,006

3

29,710

30,398

30,664

32,679

33,439

35,207

35,968

36,728

37,489

38,524

4

30,282

30,970

31,236

33,441

34,202

35,970

36,731

37,491

38,252

39,287

5

30,610

31,298

31,564

33,960

34,721

36,488

37,249

38,010

38,771

39,806

6

30,938

31,626

31,892

34,478

35,239

37,007

37,768

38,528

39,289

40,324

7

31,266

31,955

32,220

34,997

35,758

37,525

38,286

39,047

39,808

40,843

8

31,594

32,283

32,549

35,515

36,276

38,044

38,805

39,565

40,326

41,361

9

31,922

32,611

32,877

36,034

36,795

38,562

39,323

40,084

40,845

41,880

10

32,251

32,939

33,205

36,554

37,314

39,082

39,843

40,604

41,364

42,399

11

32,579

33,267

33,533

37,072

37,833

39,601

40,361

41,122

41,883

42,918

12

32,907

33,595

33,861

37,591

38,351

40,119

40,880

41,641

42,401

43,436

13

33,235

33,923

34,189

38,109

38,870

40,638

41,398

42,159

42,920

43,955

14

33,563

34,251

34,517

38,628

39,388

41,156

41,917

42,678

43,438

44,473

15

33,891

34,579

34,845

39,146

39,907

41,675

42,435

43,196

43,957

44,992

16

34,219

34,907

35,173

39,665

40,425

42,193

42,954

43,715

44,475

45,510

17

34,547

35,236

35,501

40,183

40,944

42,712

43,473

44,233

44,994

46,029

18

34,875

35,564

35,830

40,702

41,463

43,230

43,991

44,752

45,513

46,548

19

35,203

35,892

36,158

41,220

41,981

43,749

44,510

45,270

46,031

47,066

20

35,531

36,220

36,486

41,739

42,500

44,267

45,028

45,789

46,550

47,585

21

35,860

36,548

36,814

42,257

43,018

44,786

45,547

46,307

47,068

48,103

22

36,188

36,876

37,142

42,776

43,537

45,304

46,065

46,826

47,587

48,622

23

36,516

37,204

37,470

43,295

44,055

45,823

46,584

47,344

48,105

49,140

24

36,844

37,532

37,798

43,813

44,574

46,342

47,102

47,863

48,624

49,659

25

37,172

37,860

38,126

44,332

45,092

46,860

47,621

48,382

49,142

50,177

26

37,500

38,188

38,454

44,850

45,611

47,379

48,139

48,900

49,661

50,696

27

37,828

38,516

38,782

45,369

46,129

47,897

48,658

49,419

50,179

51,214

28

38,156

38,845

39,110

45,887

46,648

48,416

49,176

49,937

50,698

51,733

29

38,484

39,173

39,439

46,406

47,166

48,934

49,695

50,456

51,216

52,251

30

38,812

39,501

39,767

46,924

47,685

49,453

50,213

50,974

51,735

52,770

31

39,141

39,829

40,095

47,443

48,204

49,971

50,732

51,493

52,253

53,288

32

39,469

40,157

40,423

47,961

48,722

50,490

51,251

52,011

52,772

53,807

33

39,797

40,485

40,751

48,480

49,241

51,008

51,769

52,530

53,291

54,326

34

40,125

40,813

41,079

48,998

49,759

51,527

52,288

53,048

53,809

54,844

35

40,453

41,141

41,407

49,517

50,278

52,045

52,806

53,567

54,328

55,363

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2) For school year 2019 – 2020, each teacher shall receive the amount prescribed in the State Minimum Salary Schedule as set forth in this section, plus $404; 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.

(3) For school year 2020 – 2021, each teacher shall receive the amount prescribed in the State Minimum Salary Schedule as set forth in this section, plus $808; 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.

(c) 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.

(d) To meet the objective of salary equity among the counties as set forth in section five of this article §18A-4-5 of this code, each teacher shall be paid an equity 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 section five-a of this article §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) The minimum monthly pay for each service employee shall be as follows:

(1) Beginning July 1, 2014, For school year 2018 – 2019, 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 State Minimum Pay Scale Pay Grade 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 State Minimum Pay Scale Pay Grade set forth in this subdivision.

STATE MINIMUM PAY SCALE PAY GRADE

 

Years

Exp.

 

PAY GRADE

 

A

B

C

D

E

F

G

H

0

1,660

1,681

1,723

1,776

1,829

1,892

1,924

1,997

1

1,692

1,714

1,755

1,808

1,862

1,925

1,956

2,030

2

1,725

1,746

1,788

1,841

1,894

1,957

1,989

2,062

3

1,757

1,779

1,821

1,874

1,927

1,990

2,022

2,095

4

1,790

1,812

1,853

1,906

1,959

2,023

2,054

2,129

5

1,823

1,844

1,886

1,939

1,992

2,055

2,087

2,161

6

1,855

1,877

1,920

1,972

2,025

2,088

2,120

2,194

7

1,889

1,909

1,952

2,004

2,057

2,121

2,152

2,227

8

1,922

1,942

1,985

2,037

2,090

2,153

2,185

2,259

9

1,954

1,975

2,018

2,071

2,123

2,186

2,217

2,292

10

1,987

2,008

2,050

2,103

2,155

2,220

2,251

2,325

11

2,020

2,041

2,083

2,136

2,188

2,252

2,284

2,357

12

2,052

2,074

2,115

2,169

2,222

2,285

2,316

2,390

13

2,085

2,106

2,148

2,201

2,254

2,317

2,349

2,423

14

2,118

2,139

2,181

2,234

2,287

2,350

2,382

2,455

15

2,150

2,172

2,213

2,266

2,319

2,383

2,414

2,488

16

2,183

2,204

2,246

2,299

2,352

2,415

2,447

2,521

17

2,215

2,237

2,280

2,332

2,385

2,448

2,480

2,554

18

2,248

2,270

2,312

2,364

2,417

2,481

2,512

2,587

19

2,282

2,302

2,345

2,397

2,450

2,513

2,545

2,619

20

2,314

2,335

2,378

2,431

2,483

2,546

2,578

2,653

21

2,347

2,367

2,410

2,463

2,515

2,579

2,610

2,687

22

2,380

2,401

2,443

2,496

2,548

2,612

2,644

2,719

23

2,412

2,434

2,476

2,529

2,582

2,646

2,678

2,753

24

2,445

2,466

2,508

2,561

2,614

2,680

2,711

2,787

25

2,478

2,499

2,541

2,594

2,648

2,712

2,745

2,819

26

2,510

2,532

2,573

2,628

2,682

2,746

2,777

2,853

27

2,543

2,564

2,606

2,660

2,714

2,778

2,811

2,886

28

2,576

2,597

2,640

2,694

2,748

2,812

2,845

2,920

29

2,608

2,631

2,673

2,726

2,781

2,846

2,877

2,954

30

2,642

2,663

2,707

2,760

2,814

2,878

2,911

2,987

31

2,675

2,697

2,741

2,794

2,848

2,912

2,945

3,020

32

2,709

2,730

2,773

2,827

2,880

2,946

2,977

3,054

33

2,743

2,763

2,807

2,861

2,914

2,978

3,011

3,087

34

2,775

2,797

2,841

2,895

2,948

3,012

3,045

3,120

35

2,809

2,831

2,873

2,927

2,980

3,046

3,078

3,154

36

2,843

2,864

2,907

2,961

3,015

3,079

3,112

3,186

37

2,875

2,898

2,941

2,995

3,049

3,113

3,145

3,220

38

2,909

2,930

2,973

3,027

3,081

3,146

3,178

3,254

39

2,943

2,964

3,007

3,061

3,115

3,179

3,212

3,286

40

2,975

2,998

3,040

3,094

3,149

3,213

3,245

3,320

Years

Exp.

 

PAY GRADE

 

A

B

C

D

E

F

G

H

0

1,704

1,725

1,767

1,820

1,873

1,936

1,968

2,041

1

1,736

1,758

1,799

1,852

1,906

1,969

2,000

2,074

2

1,769

1,790

1,832

1,885

1,938

2,001

2,033

2,106

3

1,801

1,823

1,865

1,918

1,971

2,034

2,066

2,139

4

1,834

1,856

1,897

1,950

2,003

2,067

2,098

2,173

5

1,867

1,888

1,930

1,983

2,036

2,099

2,131

2,205

6

1,899

1,921

1,964

2,016

2,069

2,132

2,164

2,238

7

1,933

1,953

1,996

2,048

2,101

2,165

2,196

2,271

8

1,966

1,986

2,029

2,081

2,134

2,197

2,229

2,303

9

1,998

2,019

2,062

2,115

2,167

2,230

2,261

2,336

10

2,031

2,052

2,094

2,147

2,199

2,264

2,295

2,369

11

2,064

2,085

2,127

2,180

2,232

2,296

2,328

2,401

12

2,096

2,118

2,159

2,213

2,266

2,329

2,360

2,434

13

2,129

2,150

2,192

2,245

2,298

2,361

2,393

2,467

14

2,162

2,183

2,225

2,278

2,331

2,394

2,426

2,499

15

2,194

2,216

2,257

2,310

2,363

2,427

2,458

2,532

16

2,227

2,248

2,290

2,343

2,396

2,459

2,491

2,565

17

2,259

2,281

2,324

2,376

2,429

2,492

2,524

2,598

18

2,292

2,314

2,356

2,408

2,461

2,525

2,556

2,631

19

2,326

2,346

2,389

2,441

2,494

2,557

2,589

2,663

20

2,358

2,379

2,422

2,475

2,527

2,590

2,622

2,697

21

2,391

2,411

2,454

2,507

2,559

2,623

2,654

2,731

22

2,424

2,445

2,487

2,540

2,592

2,656

2,688

2,763

23

2,456

2,478

2,520

2,573

2,626

2,690

2,722

2,797

24

2,489

2,510

2,552

2,605

2,658

2,724

2,755

2,831

25

2,522

2,543

2,585

2,638

2,692

2,756

2,789

2,863

26

2,554

2,576

2,617

2,672

2,726

2,790

2,821

2,897

27

2,587

2,608

2,650

2,704

2,758

2,822

2,855

2,930

28

2,620

2,641

2,684

2,738

2,792

2,856

2,889

2,964

29

2,652

2,675

2,717

2,770

2,825

2,890

2,921

2,998

30

2,686

2,707

2,751

2,804

2,858

2,922

2,955

3,031

31

2,719

2,741

2,785

2,838

2,892

2,956

2,989

3,064

32

2,753

2,774

2,817

2,871

2,924

2,990

3,021

3,098

33

2,787

2,807

2,851

2,905

2,958

3,022

3,055

3,131

34

2,819

2,841

2,885

2,939

2,992

3,056

3,089

3,164

35

2,853

2,875

2,917

2,971

3,024

3,090

3,122

3,198

36

2,887

2,908

2,951

3,005

3,059

3,123

3,156

3,230

37

2,919

2,942

2,985

3,039

3,093

3,157

3,189

3,264

38

2,953

2,974

3,017

3,071

3,125

3,190

3,222

3,298

39

2,987

3,008

3,051

3,105

3,159

3,223

3,256

3,330

40

3,019

3,042

3,084

3,138

3,193

3,257

3,289

3,364

 

 

 

 

 

 

 

 

 

(2) For school year 2019 – 2020, 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, plus $22; 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, plus $11.

(2) (3) 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

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) To meet the objective of salary equity among the counties, each service person is paid an equity supplement, as set forth in section five of this article §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 section five-b of this article §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 section eight-b of this article §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 section eight of this article §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.

            Following discussion,

            The question being on the adoption of the Rules committee amendment to the House of Delegates amendments to the bill (Eng. Com. Sub. for S. B. 267), and on this question, Senator Prezioso demanded the yeas and nays.

The roll being taken, the yeas were: Arvon, Azinger, Baldwin, Blair, Boley, Boso, Clements, Cline, Drennan, Ferns, Gaunch, Karnes, Mann, Rucker, Smith, Swope, Sypolt, Takubo, Trump, Weld, and Carmichael (Mr. President)—21.

The nays were: Beach, Facemire, Jeffries, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Romano, Stollings, Unger, and Woelfel—12.

Absent: Maroney—1.

So, a majority of those present and voting having voted in the affirmative, the President declared the Rules committee amendment to the House of Delegates amendments to the bill adopted.

On motion of Senator Ferns, the Senate concurred in the House of Delegates amendments, as amended.

Engrossed Committee Substitute for Senate Bill 267, as amended, was then put upon its passage.

Pending extended discussion,

The question being “Shall Engrossed Committee Substitute for Senate Bill 267 pass?”

On the passage of the bill, the yeas were: Arvon, Azinger, Baldwin, Blair, Boley, Boso, Clements, Cline, Drennan, Ferns, Gaunch, Karnes, Mann, Maynard, Palumbo, Plymale, Prezioso, Rucker, Smith, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—27.

The nays were: Beach, Facemire, Jeffries, Ojeda, Romano, and Stollings—6.

Absent: Maroney—1.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 267) passed with its House of Delegates amended title.

Senator Ferns moved that the bill take effect July 1, 2018.

On this question, the yeas were: Arvon, Azinger, Baldwin, Blair, Boley, Boso, Clements, Cline, Drennan, Ferns, Gaunch, Karnes, Mann, Maynard, Palumbo, Plymale, Prezioso, Rucker, Smith, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—27.

The nays were: Beach, Facemire, Jeffries, Ojeda, Romano, and Stollings—6.

Absent: Maroney—1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 267) takes effect July 1, 2018.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Pending announcement of meetings of standing committees of the Senate,

On motion of Senator Ferns, at 6:32 p.m., the Senate adjourned until tomorrow, Wednesday, February 21, 2018, at 11 a.m.

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