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House Journal


Day 60 (03-12-2011) - [PDF]
Day 65 (03-17-2011) - [PDF]
Day 64 (03-16-2011) - [PDF]
Day 63 (03-15-2011) - [PDF]
Day 62 (03-14-2011) - [PDF]
Day 61 (03-13-2011) - [PDF]
Day 59 (03-11-2011) - [PDF]
Day 58 (03-10-2011) - [PDF]
Day 57 (03-09-2011) - [PDF]
Day 56 (03-08-2011) - [PDF]
Day 55 (03-07-2011) - [PDF]
Day 52 (03-04-2011) - [PDF]
Day 51 (03-03-2011) - [PDF]
Day 50 (03-02-2011) - [PDF]
Day 49 (03-01-2011) - [PDF]
Day 48 (02-28-2011) - [PDF]
Day 45 (02-25-2011) - [PDF]
Day 44 (02-24-2011) - [PDF]
Day 43 (02-23-2011) - [PDF]
Day 42 (02-22-2011) - [PDF]
Day 41 (02-21-2011) - [PDF]
Day 38 (02-18-2011) - [PDF]
Day 37 (02-17-2011) - [PDF]
Day 35 (02-15-2011) - [PDF]
Day 34 (02-14-2011) - [PDF]
Day 31 (02-11-2011) - [PDF]
Day 30 (02-10-2011) - [PDF]
Day 29 (02-09-2011) - [PDF]
Day 28 (02-08-2011) - [PDF]
Day 27 (02-07-2011) - [PDF]
Day 24 (02-04-2011) - [PDF]
Day 23 (02-03-2011) - [PDF]
Day 22 (02-02-2011) - [PDF]
Day 21 (02-01-2011) - [PDF]
Day 20 (01-31-2011) - [PDF]
Day 17 (01-28-2011) - [PDF]
Day 16 (01-27-2011) - [PDF]
Day 15 (01-26-2011) - [PDF]
Day 14 (01-25-2011) - [PDF]
Day 13 (01-24-2011) - [PDF]
Day 10 (01-21-2011) - [PDF]
Day 09 (01-20-2011) - [PDF]
Day 08 (01-19-2011) - [PDF]
Day 07 (01-18 2011) - [PDF]
Day 06 (01-17 2011) - [PDF]
Day 03 (01-14-2011) - [PDF]
Day 02 (01-13-2011) - [PDF]
Day 01 (01-12-2011) - [PDF]
Day 36 (02-16-2011) - [PDF]
hdj2011-03-07-55


__________*__________




Monday, March 7, 2011

FIFTY-FIFTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, March 4, 2011, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

Delegates Anderson, Andes, Armstead, Ashley, Azinger, Barill, Barker, Boggs, Border, Brown, Butcher, D. Campbell, T. Campbell, Canterbury, Caputo, Carmichael, Cowles, Craig, Doyle, Duke, Ellington, Ennis, Evans, Ferns, Ferro, Fleischauer, Fragale, Frazier, Gearheart, Givens,
Guthrie, Hall, Hamilton, Hartman, Hatfield, Hunt, Iaquinta, Ireland, Jones, Kominar, Kump, Lawrence, Manypenny, Martin, Moore, Morgan, Nelson, Pasdon, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, Poore, Reynolds, Rodighiero, Romine, Rowan, Savilla, Shaver, Sigler, Skaff, Snuffer, Staggers, Storch, Stowers, Swartzmiller, Talbott, Varner, Walters, Wells and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 136 - "Requesting the Joint Committee on Government and Finance to study the rural health initiative to determine the most effective manner to provide rural health opportunities in the state, the impact of changing the infrastructure of consortia, the impact on rural health services, the method of coordination of services between the schools and communities, the rural health opportunities for mid-level practitioners and other areas determined by the study participants."
Whereas, A continual need exists to enhance and preserve adequate health care for persons residing in rural areas of the state; and
Whereas, The rural health initiative was created in 1991 to bring health care professional students into rural areas to expose them to practice opportunities in these areas; and
Whereas, In the twenty years since its inception, this program has brought hundreds of students into rural West Virginia to experience rural healthcare in practice; and
Whereas, Changing the infrastructure and funding of this program could adversely affect the progress that this program has made to rural health care; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the rural health initiative to determine the most effective manner to provide rural health opportunities in the state, the impact of changing the infrastructure of consortia, the impact on rural health services, the method of coordination of services between the schools and communities, the rural health opportunities for mid-level practitioners and other areas determined by the study participants; and, be it
Further Resolved, That the Joint Committee on Government and Finance shall work with a representative of each of the medical schools, two representatives of the existing consortia, two providers of rural health rotations for the medical schools and two individuals who have participated in the rural health initiative and are current students or recent graduates; and, be it
Further Resolved, That the Joint Committee on Government and Finance Report to the regular session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates T. Campbell and Canterbury offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 137 - "Requesting the Division of Highways to erect free-standing signs on Interstate 64, within four miles of exit 169 to Lewisburg, in both west and east bound directions of Interstate 64, in Greenbrier County, stating 'Lewisburg, Coolest Small Town U.S.A., 2011' and to place similar smaller signs on each road sign on U.S. Route 60 and U.S. Route 219, that designates the city limits of Lewisburg.
Whereas, Lewisburg won national recognition winning the "Coolest Small Town U.S.A." in 2011 with the majority of votes, 139,118, gaining more votes than any other competitor in the contest's history; and
Whereas, Lewisburg is rich in history and natural beauty; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to have made and be placed signs on Interstate 64, within four miles of exit 169 to Lewisburg, in both west and east bound directions of Interstate 64, in Greenbrier County, stating "Lewisburg, Coolest Small Town U.S.A., 2011" and to place smaller signs on each road sign on U.S. Route 60 and U.S. Route 219, that designates the city limits of Lewisburg; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each specified location, containing bold and prominent letters proclaiming "Lewisburg, Coolest Small Town U.S.A., 2011"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation.
Delegates Duke, Anderson, Andes, Ashley, Azinger, Border, D. Campbell, Carmichael, Cowles, Doyle, Ellem, Ellington, Evans, Gearheart, Hall, Hamilton, Hartman, Iaquinta, Ireland, Kominar, Lane, Lawrence, Longstreth, Mahan, Marshall, Michael, C. Miller, J. Miller, Nelson, Pasdon, Paxton, Perdue, Perry, R. Phillips, Poore, Romine, Rowan, Savilla, Shaver, Sigler, Snuffer, Staggers, Storch, Stowers, Sumner, Varner and Walters offered the following resolution, which was read by its title as follows:
H. C. R. 138 - "Reaffirming the sister-state relationship between the State of West Virginia and Taiwan Province of the Republic of China and affirming Support of Meaningful Participation by the Government of the Republic of China (Taiwan) as an observer in the international Civil Aviation Organization (ICAO) and the United Nations Framework Convention on Climate Change (UNFCCC)."
Whereas, August 4, 2011, will mark the thirty-first anniversary of a sister state relationship between West Virginia and Taiwan; this year marks the one hundredth anniversary of the founding of the Republic of China (Taiwan), a truly significant milestone; and
Whereas, For the past thirty-one years, the sister state relationship with Taiwan has been strengthened through the efforts of the Taipei Economic and Cultural Representative Office (TECRO) resulting in better mutual understanding; and
Whereas, The Republic of China (Taiwan), with a population of twenty-three million, has endeavored to improve cross-Strait relations since President Ma Ying-Jeou came to power in 2008, and it is encouraging that five rounds of talks have been held and fifteen agreements have been signed between Taiwan and mainland China since then; and
Whereas, The cross-Strait Economic Cooperation Framework Agreement (ECFA), signed on June 29, 2010, can serve as an effective platform for cross-Strait interactions and contribute to normalization of trade and economic relations between Taiwan and mainland China; and
Whereas, The UN's World Health Organization (WHO) invited Taiwan to attend the World Health Assembly in 2009 and 2010 as an observer, setting precedents for Taiwan's meaningful participation in the UN's specialized agencies; and
Whereas, Taiwan's absence from international organizations dealing with climate change, such as the United Nations Framework Convention on Climate Change (UNFCCC), has impeded Taiwan's ability to respond to natural disasters, such as Typhoon Morakot, that struck Taiwan in the Summer of 2009; and
Whereas, The Taoyuan International Airport is a key air transport hub in the Asia-Pacific region, ranked the world's fifteenth largest by cargo volume in 2008, and three hundred sixty-five thousand Americans traveled to Taiwan for business and leisure during 2009, consolidating aviation safety and regulation in Taiwan also a priority for Americans' safety and best interests; and
Whereas, Given Taiwan's prominent role in regional air control and transport services, such as meaningful participation in the International Civil Aviation Organization (ICAO) it would be beneficial for Taiwan to safeguard the traveling of passengers from home and abroad; therefore, be it
Resolved by the Legislature of the State of West Virginia:
That it reaffirms the sister-state relationship of the State of West Virginia and Taiwan and affirms its support for the participation of Taiwan in the United Nations Framework Convention on Climate Change (UNFCCC) and the International Civil Aviation Organization (ICAO) to increase Taiwan's contribution to the global community; and, be it
Further Resolved, That a copy of this resolution be sent to the President of the United States, the President of the United States Senate, and the Speaker of the United States House of Representatives.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 138) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegates Savilla, Andes, Paxton and Martin offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 33 - "Commemorating the life of Sergeant Deforest Lemar Talbert, son, father, brother and Sergeant in the West Virginia National Guard, who gave his life protecting the freedom of our country."
Whereas, Sergeant Deforest Lemar Talbert was born on January 24, 1980, in Alexandria, Virginia where he grew up and attended TC Williams High School; and
Whereas, Sergeant Deforest Lemar Talbert was a star running back for TC Williams, which is the school from the hit movie "Remember the Titans" and was known as "Touchdown Talbert"; and
Whereas, Sergeant Deforest Lemar Talbert was a student at West Virginia State University where he was majoring in Communications; and
Whereas, Sergeant Deforest Lemar Talbert enlisted in the West Virginia National Guard at Dunbar, West Virginia, while attending West Virginia State University and was assigned to Bravo Company 1/150 AR; and
Whereas, Sergeant Deforest Lemar Talbert completed his basic armor training on September 13, 2001 and was awarded the 19K Armor MOS; and
Whereas, Sergeant Deforest Lemar Talbert was mobilized as part of the Operation Iraqi Freedom on October 1, 2003, and was reassigned to Charlie Company 1/150 AR; and
Whereas, Sergeant Deforest Lemar Talbert's company was deployed on February 29, 2004, to Iraqi Theater of Operations along with the 1-150th Armor Battalion and the 30th Brigade Combat Team; and
Whereas, Sergeant Deforest Lemar Talbert, once in Iraq, served as an Assistant Gunner with First Platoon, Charlie 12 gun truck; and
Whereas, Sergeant Deforest Lemar Talbert, while patrolling on the evening of July 27, 2004, was killed when his convoy was the target of an enemy attack using an Improvised Explosive Device (IED); and
Whereas, Sergeant Deforest Lemar Talbert's awards include: The Army Service Ribbon, the Sharpshooter Marksmanship Badge (Pistol), the Expert Marksmanship Badge (grenade), SSI/FWS for the 30th Brigade Combat Team and the 1st Infantry Division, the Purple Heart and the Bronze Star with V Device; and
Whereas, Sergeant Deforest Lemar Talbert is survived by his son Deantae, his mother Gloria Nesbitt, his father Benjamin Dickens, one brother and three sisters; therefore, be it
Resolved by the House of Delegates:
That regret is hereby expressed by the members of the House of Delegates at the passing of Sergeant Deforest Lemar Talbert, son, father, brother, and Sergeant in the West Virginia National Guard, who gave his life protecting the freedom of our country; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare certified copies of this resolution for the surviving family members of Sergeant Deforest Lemar Albert.
Mr. Speaker, Mr. Thompson, and Delegates Anderson, Andes, Amstead, Ashley, Azinger, Barill, Barker, Boggs, Border, Brown, Butcher, T. Campbell, W. Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, Doyle, Duke, Ellem, Ellington, Ennis, Evans, Ferns, Ferro, Fleischauer, Fragle, Frazier, Gearheart, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Householder, Howell, Hunt, Iaquinta, Ireland, Jones, Kominar, Kump, Lane, Lawrence, Longstreth, Mahan, Manchin, Manypenny, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Nelson, O'Neal, Overington, Pardon, Paxton, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Poore, Reynolds, Rodighiero, Romine, Rowan, Savilla, Shaver, Signer, Skaff, Smith, Snuffer, Sobonya, Staggers, Stephens, Storch, Stowers, Sumner, Swartzmiller, Talbott, Varner, Walker, Walters, Wells, White and Williams offered the following resolution, which was read by its title as follows:
H. R. 34 - "Commemorating and celebrating the life of Sam J. Argento, a member of the West Virginia Legislature."
Whereas, Sam J. Argento was born on October 23, 1942 and passed away on October 28, 2010; and
Whereas, Sam J. Argento graduated from Montgomery High School in 1961 and in 1967 he graduated from West Virginia Institute of Technology; and
Whereas, Sam J. Argento moved to Mt. Nebo in 1971 and cherished the beauty, peacefulness and kindness of the people of Nicholas County; and
Whereas, Before entering politics, Sam J. Argento retired after twenty-eight years of service as the Nicholas County Sanitarian; and
Whereas, Sam J. Argento was first elected in 2004 and faithfully represented the Thirty- Fifth District in the West Virginia House of Delegates for six years before passing away just five days before he was to stand for reelection; and
Whereas, During his tenure Sam J. Argento was the Assistant Majority Whip and served on the Agriculture Committee, the Government Organization Committee, the Natural Resources Committee, the Roads and Transportation Committee and the Senior Citizen Issues Committee; and
Whereas, Sam J. Argento was a devoted family man and lived by the motto "Always live today as if it were your last" and embodied those words by his love of hunting and the outdoors with many of his favorite times being spent with his wife and family at their camp in Hardy County; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby memorializes the life of Sam J. Argento, a member of the West Virginia Legislature; and, be it
Further Resolved, That the House of Delegates expresses its deepest sympathy to the family of Sam J. Argento on his passing; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to his wife of forty-five years, Connie Criniti Argento; his three children, Maria Pennington, and her husband Tim Pennington, Mary Agnes Argento and Vince Argento; his brother, Sonny Argento and his wife, Loretta Argento; and his sister, Terry Gilbert and her husband, John Gilbert.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 34) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 245), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Crosier, Fragale, Givens, Jones and J. Miller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 34) adopted.
Committee Reports

On motions for leave, a resolution was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Morgan, Stephens, Cann, Butcher, Ferns, Givens, Hall, Hartman, Jones, Martin, R. Phillips, Staggers, Talbott, Azinger, Householder, Kump, O'Neal, Nelson, Romine, Snuffer and Storch:

H. C. R. 135 - "Requesting that the Joint Committee on Government and Finance authorize a study of the authority of participating municipalities in the municipal home rule pilot projects to propose plan amendments."
Whereas, The Legislature authorized five municipal home rule pilot projects in order to address a variety of challenges facing local governments; and
Whereas, Municipal home rule pilot projects are scheduled to be evaluated before July 1, 2012; and
W
HEREAS , In addition to evaluating the effectiveness of expanded home rule pilot projects, municipalities may have financial needs and constraints that may not be sufficiently addressed in the authorizing legislation; and
Whereas, The Legislature is concerned about potential conflicts as to the authority of pilot municipalities and school boards to construct school buildings; and
Whereas, The Legislature is concerned about pilot municipalities adopting ordinances, rules or regulations which alter the tax structure or taxing authority without submitting the issue to the voters; and
Whereas, The Legislature is committed to providing municipalities with practical methods, policies and procedures sufficient to address the various challenges facing municipalities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of the authority of participating municipalities in the municipal home rule pilot projects to propose plan amendments; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 231, Relating to elevator workers' licensure exemptions,
And reports the same back with the recommendation that it do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 238, Redesignating Division of Veterans' Affairs as Department of Veterans' Assistance,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 510, Relating to requirements for new facility projects of public agencies and projects receiving state funds,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 510) was referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 569, Increasing maximum homeowners' associations' fees; exception for certain expense liability planned communities,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 569) was referred to the Committee on the Judiciary.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
S. B. 66, Relating to use of low-speed vehicles in municipalities,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 56, Requesting the Joint Committee on the Library of Congress to approve the replacement of the statute of John Edward Kenna with one of Robert Carlyle Byrd,
And,
H. C. R. 128, Including West Virginia Route 80 in Mingo County as a Blue Star Memorial Highway,
And reports the same back with the recommendation that they each be adopted.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 93, Relating to escape from custody of Division of Juvenile Services,
S. B. 222, Relating to Municipal Police Officers and Firefighters Retirement System,
And,
S. B. 239, Extending period higher education institutes have to deposit moneys into research endowments,
And reports the same back with the recommendation that they each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S.B. 247, Exempting certain construction contractor purchases from consumers sales, service and use tax,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 247, Exempting certain construction contractor purchases from consumers sales, service and use tax,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman Miley, 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 S. B. 186, Relating to issuing subpoena to aid in criminal investigations involving certain crimes against minors,
Com. Sub. for S. B. 196, Relating to criminal offenses of robbery and attempted robbery,
Com. Sub. for S. B. 213, Relating to crimes using computers, telephones and electronic devices,
And,
Com. Sub. for S. B. 495, Relating generally to use of electronic voting systems,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, and with the recommendation that second reference of the bills to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bills (Com. Sub. for S. B. 186, Com. Sub. for H. B. 196, Com. Sub. for S. B. 213 and Com. Sub. for S. B. 495) to the Committee on Finance was abrogated.
Chairman Miley, 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 S. B. 193, Relating to law-enforcement certification generally,
And,
Com. Sub. for S. B. 464, Allowing certain persons petition to regain right to possess firearms when lost due to mental health disability,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Miley, 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 S. B. 460, Relating to clarifying supervision of Division of Forestry natural resources police officers,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 460) to the Committee on Finance was abrogated.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. J. R. 10, Proposing amendment to Constitution designated Repeal The Two Consecutive Term Limitation for Sheriffs Amendment,
And reports the same back with the recommendation that it be adopted.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 304, Providing alternative means for initial purchaser of junked vehicles to notify DMV,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
Chairman Miley, 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 S. B. 96, Relating generally to certain county officials,
Com. Sub. for S. B. 356, Making captive insurance company organized as risk retention group subject to certain insurance code provisions,
And,
Com. Sub. for S. B. 357, Relating to reporting beaver and river otter taken, tagged and checked,
And reports the same back with the recommendation that they each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S.B. 544, Relating to municipal policemen's and firemen's pension and relief funds,
And reports the same back, with amendments, with the recommendation that it do pass, as amended.
The Speaker announced that on Friday Com. Sub. for S. B. 268, Establishing drivers' license restoration program, was erroneously referred to the Committee on the Judiciary.
The bill being in possession of the Clerk, in accordance with the former direction of the Speaker, Com. Sub. for S. B. 268 was then referred to the Committee on Finance.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendments, and requested the House to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Com. Sub. for H. B. 2464, Adding additional requirements to the Ethics Act.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Palumbo, Wills and Nohe.
On motion of Delegate Boggs, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Barker, Poore and Lane.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Resolutions Introduced

Mr. Speaker, Mr. Thompson, Delegates Armstead, Ashley, Azinger, Barill, Boggs, Border, Butcher, D. Campbell, Canterbury, Caputo, Carmichael, Cowles, Duke, Ennis, Evans, Frazier, Givens, Hall, Hartman, Householder, Howell, Ireland, Kominar, Kump, Lane, Lawrence, Manypenny, Martin, J. Miller, Moore, Overington, Pethtel, R. Phillips, Pino, Poore, Romine, Rowan, Shaver, Skaff, Staggers, Stephens, Sumner, Swartzmiller, Talbott, Varner, Walker and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 139 - "Calling for the Congress of the United States to offer and support a resolution honoring the life of Frank Woodruff Buckles, and providing that Mr. Buckles body be allowed to lie in honor in the United States Capitol rotunda."
Whereas, Frank W. Buckles was the last living soldier of World War I prior to his death on February 27, 2011; and
Whereas, Frank W. Buckles enlisted in the army for the "Great War" at the age of sixteen years, and served two years in the American Expeditionary Forces as an ambulance driver and other needed services; and
Whereas, Frank W. Buckles was further tied to our nation's history by being held captive for thirty-nine months as a prisoner of war during World War II; and
Whereas, After the World Wars I and II, Frank W. Buckles returned home to the United States, married Audrey Mayo, and in 1954 journeyed back to the home of his ancestors in the hills of West Virginia; and
Whereas, Frank W. Buckles made his home at "Gap View Farm" in West Virginia's eastern panhandle near the community of Charles Town; and
Whereas, Frank W. Buckles lived out his one hundred and ten years of life with honor and purpose; and
Whereas, In the course of his lifetime, Frank W. Buckles, like so many other West Virginians and Americans across the nation, answered the call of his country to step forward and serve; and
Whereas, The body of Frank W. Buckles represents both his distinguished service and the commitment of a selfless generation that has now passed through the sacred veil of this life; and
Whereas, This Congress has both the ability and the calling to pay tribute to Frank W. Buckles and an entire generation of Americans who simply said in the face of life's most challenging moments, "Send me!"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of West Virginia hereby calls upon our Congressional Delegation and the Leaders of both the United States House and Senate to offer and support before their respective bodies a resolution allowing for Mr. Frank W. Buckles to lie in honor in the United States Capitol Rotunda, and honor befitting this man and the generation he has so faithfully represented; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the West Virginia Congressional Delegation so that they may be apprised of the sense of the West Virginia House of Delegates in this matter.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 139) to a committee was dispensed with, and it was taken up for immediate consideration and put upon its adoption.
On the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 246), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Crosier, Fragale and Jones.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 139) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Special Calendar

Unfinished Business

H. C. R. 27, Urging the Citizen's Stamp Advisory Committee to approve and issue a commemorative postage stamp honoring the coal miner; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

Com. Sub. for S. B. 282, Continuing Highway Design-Build Pilot Program; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 2D. HIGHWAY DESIGN-BUILD PILOT PROGRAM.
§17-2D-2. Highway Design-Build Pilot Program.
(a) Notwithstanding any provision of this code to the contrary, the Commissioner of the West Virginia Division of Highways may continue with the pilot program to expedite the construction of no more than ten special projects after the effective date of the amendment to this article in the regular session of 2011, in addition to the three projects authorized by prior enactment of this section, by combining the design and construction elements of a highway or bridge project into a single contract.
(b) A design-build project may not be let to contract after June 30, 2011 2013. The Division of Highways may expend no more than $50 $75 million in each of the three two years remaining in the pilot program after the effective date of the amendment to this article in the regular session of 2011: Provided, That if any of the $75 million is unused in the first year, the remaining amount may be applied to the following year's amount: Provided, however, That the total for an aggregate total of amount to be expended after the effective date of the amendment to this article in the regular session of 2011 may not exceed $150 million.
(c) A design-build project may be let to contract only in accordance with the commissioner's established policies and procedures concerning design-build projects.
(d) After June 30, 2011 2013, no projects may not be let under the provisions of this article unless the West Virginia Legislature either approves additional projects or makes the program permanent.
(e) Projects receiving special funding above the regular federal core funding including any Competitive Surface Transportation Grants received as a result of the American Recovery and Reinvestment Act of 2009, may utilize the pilot program, but shall not be included in the total number of projects or expenditure limits provided by subsections (a) and (b) of this section.
(f) Effective after the effective date of the amendment to this article in the regular session of 2011, no consultant engineer who prepares preliminary plans, planning reports or other project development products for a project pursuant to the provisions of this section may participate in the construction of that project.
§17-2D-5. Report to the Legislature.
On or before December 1, 2011 2013, the commissioner shall prepare and submit to the Joint Standing Committee on Government Organization a report evaluating the experience of the Division of Highways with each project, including whether the division realized any cost or time savings, the number and cost of change orders, the quality of work performed, the number of bids received and other issues the commissioner considers appropriate."
The bill was then ordered to third reading.
S. B. 413, Changing title of Racing Commission's racing secretary; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 424, Creating Natural Gas Horizontal Well Control Act; on second reading, coming up in regular order, was reported by the Clerk.
On motion of Delegate Boggs, the bill (Com. Sub. for S. B. 424) was committed to the Committee on the Judiciary with a second reference to the Committee on Finance.
Com. Sub. for S. B. 465, Creating Marcellus Gas and Manufacturing Development Act; on second reading, coming up in regular order, was reported by the Clerk.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with restricted right to amend by Delegate White, and the rule was suspended to permit the consideration of the amendment on that reading.
First Reading

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 S. B. 234, Revising Municipal Economic Opportunity Development District Act,
Com. Sub. for S. B. 235, Revising County Economic Opportunity Development District Act,
Com. Sub. for S. B. 263, Relating to special plates for testing of vehicles operated by certain nonprofit corporations,
Com. Sub. for S. B. 265, Authorizing Board of Parole, with sentencing court's concurrence, modify or waive parolee's restrictions relating to minors,
Com. Sub. for S. B. 295, Authorizing DHHR promulgate legislative rules,
S. B. 349, Requiring bittering agent be placed in certain engine coolants and antifreezes,
S. B. 514, Authorizing legislative rule for Higher Education Policy Commission regarding authorization of degree-granting institutions,
And,
S. B. 538, Creating Learn and Earn Cooperative Education Program.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Crosier, Fragale and Jones.
At 11:41 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:30 p.m., and reconvened at that time.
* * * * * * *

Evening Session

* * * * * * *

At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

Chairman Poore, 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 7th day of March, 2011, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
Com. Sub. for H. B. 2709, Allowing county school boards to enter into energy-saving contracts.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 612, Exempting certain schools and school districts from certain statutory provisions,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 612) to the Committee on the Judiciary was abrogated.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
Com. Sub. for S. B. 373, Requiring School Building Authority allocate and expend certain moneys for vocational programs at comprehensive middle schools,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (S. B. 373) was referred to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
Com. Sub. for S. B. 592, Requiring schools have crisis response plans,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 366, Relating to Underground Storage Tank Administrative Fund,
And,
Com. Sub. for S. B. 550, Relating generally to gaming at licensed racetracks and historic resort hotels,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (S. B. 366 and Com. Sub. for S. B. 550) were each referred to the Committee on Finance.
Chairman Miley, 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 S. B. 279, Relating to work camps for nonviolent offenders,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 279) was referred to the Committee on Finance.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 243, Relating to Neighborhood Investment Program Act,
S.B. 331, Correcting invalid code reference in definition of "eligible taxpayer",
S.B. 371, Updating list of jurisdictions identified as tax havens,
And,
Com. Sub. for S. B. 492, Relating to maximizing federal funding for state Medicaid program,
And reports the same back with the recommendation that they each do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 328, Relating to issuance, disqualification, suspension and revocation of driver's licenses,
And reports the same back with the recommendation that it do pass.
Chairman Miley, 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 S. B. 553, Creating workers' compensation insurance subsidy program for volunteer fire departments,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 553) was referred to the Committee on Finance.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
H. B. 2708, Removing a twelve-month limitation for certain agreements between or among law- enforcement agencies.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page five, section four, line seventy-three, after the word "withdrawn" by inserting the words "in writing".
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 247), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Gearheart and Walters.
Absent and Not Voting: Craig, Crosier, Fragale, Jones and Reynolds.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2708) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 2879, Providing a one-time, nonbase building, supplemental salary increase for all eligible state employees.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §6-7-2a of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §15-2-5 of said code be amended and reenacted; that §18A-4-2, §18A-4-5 and §18A-4-8a of said code be amended and reenacted; that §20-7-1c of said code be amended and reenacted; that §50-1-3 of said code be amended and reenacted; that §51-1-10a of said code be amended and reenacted; that §51-2-13 of said code be amended and reenacted; and that §51-2A-6 of said code be amended and reenacted, all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.

ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2a. Terms of certain appointive state officers; appointment; qualifications; powers and salaries of such officers.

(a) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
Prior to July 1, 2006, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in 2006 and thereafter, notwithstanding any other provision of this code to the contrary, the annual salary of each named appointive state officer shall be as follows:
Commissioner, Division of Highways, $92,500; Commissioner, Division of Corrections, $80,000; Director, Division of Natural Resources, $75,000; Superintendent, State Police, $85,000; Commissioner, Division of Banking, $75,000; Commissioner, Division of Culture and History, $65,000; Commissioner, Alcohol Beverage Control Commission, $75,000; Commissioner, Division of Motor Vehicles, $75,000; Chairman, Health Care Authority, $80,000; members, Health Care Authority, $75,000; Director, Human Rights Commission, $55,000; Commissioner, Division of Labor, $70,000; Director, Division of Veterans' Affairs, $65,000; Chairperson, Board of Parole, $55,000; members, Board of Parole, $50,000; members, Employment Security Review Board, $17,000; and Commissioner, Bureau of Employment Programs, $75,000. Secretaries of the departments shall be paid an annual salary as follows: Health and Human Resources, $95,000; Transportation, $95,000: Provided, That if the same person is serving as both the Secretary of Transportation and the Commissioner of Highways, he or she shall be paid $120,000; Revenue, $95,000; Military Affairs and Public Safety, $95,000; Administration, $95,000; Education and the Arts, $95,000; Commerce, $95,000; and Environmental Protection, $95,000: Provided, however, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in 2006 that exceeds $5,000 shall be paid to such officer or his or her successor beginning on July 1, 2006, in annual increments of $5,000 per fiscal year, up to the maximum salary provided in this subsection: Provided further, That if the same person is serving as both the Secretary of Transportation and the Commissioner of Highways, then the annual increments of $5,000 per fiscal year do not apply.
(b) Each of the state officers named in this subsection shall continue to be appointed in the manner prescribed in this code and, prior to July 1, 2006, each of the state officers named in this subsection shall continue to receive the annual salaries he or she was receiving as of the effective date of the enactment of this section in 2006 and shall thereafter, notwithstanding any other provision of this code to the contrary, be paid an annual salary as follows:
Director, Board of Risk and Insurance Management, $80,000; Director, Division of Rehabilitation Services, $70,000; Director, Division of Personnel, $70,000; Executive Director, Educational Broadcasting Authority, $75,000; Secretary, Library Commission, $72,000; Director, Geological and Economic Survey, $75,000; Executive Director, Prosecuting Attorneys Institute, $70,000; Executive Director, Public Defender Services, $70,000; Commissioner, Bureau of Senior Services, $75,000; Director, State Rail Authority, $65,000; Executive Director, Women's Commission, $55,000; Director, Hospital Finance Authority, $35,000; member, Racing Commission, $12,000; Chairman, Public Service Commission, $85,000; members, Public Service Commission, $85,000; Director, Division of Forestry, $75,000; Director, Division of Juvenile Services, $80,000; and Executive Director, Regional Jail and Correctional Facility Authority, $80,000: Provided, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in 2006 that exceeds $5,000 shall be paid to such officer or his or her successor beginning on July 1, 2006, in annual increments of $5,000 per fiscal year, up to the maximum salary provided in this subsection.
(c) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
Prior to July 1, 2006, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in 2006 and thereafter, notwithstanding any other provision of this code to the contrary, the annual salary of each named appointive state officer shall be as follows:
Commissioner, State Tax Division, $92,500; Commissioner, Insurance Commission, $92,500; Director, Lottery Commission, $92,500; Director, Division of Homeland Security and Emergency Management, $65,000; and Adjutant General, $92,500 $125,000.
(d) No increase in the salary of any appointive state officer pursuant to this section shall be paid until and unless the appointive state officer has first filed with the State Auditor and the Legislative Auditor a sworn statement, on a form to be prescribed by the Attorney General, certifying that his or her spending unit is in compliance with any general law providing for a salary increase for his or her employees. The Attorney General shall prepare and distribute the form to the affected spending units.
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-VII 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 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 July 1, 2007 until and including June 30, 2008 members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training2,550.50 Mo. $30,606
Cadet Trooper After Training
3,138.17 Mo. 37,658
Trooper Second Year
39,122
Trooper Third Year
39,494
Senior Trooper
39,882
Trooper First Class
40,470
Corporal
41,058
Sergeant
45,234
First Sergeant
47,322
Second Lieutenant
49,410
First Lieutenant
51,498
Captain
53,586
Major
55,674
Lieutenant Colonel
57,762
ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT

SPECIALIST CLASSIFICATION

I$39,494

II
39,882
III40,470
IV 41,058

V45,234
VI 47,322

VII49,410
VIII 51,498

ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I
$39,494
II
39,882
III
40,470
IV
41,058
V
45,244
VI
47,322
VII
49,410
VIII
51,498
Beginning on July 1, 2008, and continuing thereafter through June 30, 2011, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training$ 2,752 Mo. $ 33,024
Cadet Trooper After Training3,357.33 Mo. 40,288
Trooper Second Year41,296
Trooper Third Year41,679
Senior Trooper42,078
Trooper First Class42,684
Corporal43,290
Sergeant 47,591
First Sergeant49,742
Second Lieutenant51,892
First Lieutenant54,043
Captain56,194
Major58,344
Lieutenant Colonel60,495
ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT

SPECIALIST CLASSIFICATION

I$ 41,679
II 42,078
III42,684
IV 43,290
V47,591
VI 49,742
VII51,892
VIII 54,043
ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I$ 41,679
II 42,078
III42,684
IV 43,290
V47,591
VI 49,742
VII51,892
VIII 54,043
Beginning on July 1, 2011, and continuing thereafter, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training$ 2,807 Mo. $ 33,684
Cadet Trooper After Training$ 3,424 Mo. $ 41,094
Trooper Second Year42,122
Trooper Third Year42,513
Senior Trooper42,920
Trooper First Class43,538
Corporal44,156
Sergeant48,543
First Sergeant50,737
Second Lieutenant52,930
First Lieutenant55,124
Captain57,318
Major59,511
Lieutenant Colonel61,705

ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT

SPECIALIST CLASSIFICATION

I42,513
II
42,920
III43,538
IV
44,156
V48,543
VI
50,737
VII52,930
VIII
55,124
ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I42,513
II
42,920
III43,538
IV
44,156
V48,543
VI
50,737
VII52,930
VIII
55,124
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: At the end of two years of service with the West Virginia State Police, the member shall receive a salary increase of $400 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 of this code to establish the number of hours per month which constitute the standard work month 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 work month. The superintendent shall certify monthly to the West Virginia State Police's payroll officer the names of those members who have worked in excess of the standard work month and the amount of their entitlement to supplemental payment. The supplemental payment may not exceed $236 monthly. 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 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.
(i) 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 thirty calendar days for the purpose of performing the active duty training or inactive duty training and the time granted may not be deducted from any leave accumulated as a member of the West Virginia State Police.
CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-2. State minimum salaries for teachers.
(a) Effective July 1, 2007, through June 30, 2008, each teacher shall receive the amount prescribed in the 2007-08 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 during the contract year.
Effective July 1, 2008, through June 30, 2011, and thereafter, each teacher shall receive the amount prescribed in the 2008-09 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 during the contract year.
Beginning July 1, 2011, and continuing thereafter, each teacher shall receive the amount prescribed in the 2011-12 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 during the contract year.

2007-08 STATE MINIMUM SALARY SCHEDULE
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Years
Exp.
4th
Class
3rd
Class
2nd
Class
  A.B.
+15
  M.A.
+15
M.A.
+30
M.A.
+45
Doctorat e
        A.B.
  M.A.
       
0 24,051 24,711 24,975 26,227 26,988 28,755 29,516 30,277 31,038 32,073
1 24,379 25,039 25,303 26,745 27,506 29,274 30,035 30,795 31,556 32,591
2 24,708 25,367 25,631 27,264 28,025 29,792 30,553 31,314 32,075 33,110
3 25,036 25,695 25,959 27,783 28,543 30,311 31,072 31,832 32,593 33,628
4 25,608 26,267 26,531 28,545 29,306 31,074 31,835 32,595 33,356 34,391
5 25,936 26,595 26,859 29,064 29,825 31,592 32,353 33,114 33,875 34,910
6 26,264 26,923 27,187 29,582 30,343 32,111 32,872 33,632 34,393 35,428
7 26,592 27,252 27,515 30,101 30,862 32,629 33,390 34,151 34,912 35,947
8 26,920 27,580 27,844 30,619 31,380 33,148 33,909 34,669 35,430 36,465
9 27,248 27,908 28,172 31,138 31,899 33,666 34,427 35,188 35,949 36,984
10 27,577 28,236 28,500 31,657 32,417 34,185 34,946 35,706 36,467 37,502
11 27,905 28,564 28,828 32,175 32,936 34,704 35,464 36,225 36,986 38,021
12 28,233 28,892 29,156 32,694 33,454 35,222 35,983 36,744 37,504 38,539
13 28,561 29,220 29,484 33,212 33,973 35,741 36,501 37,262 38,023 39,058
14 28,561 29,548 29,812 33,731 34,491 36,259 37,020 37,781 38,541 39,576
15 28,561 29,876 30,140 34,249 35,010 36,778 37,538 38,299 39,060 40,095
16 28,561 29,876 30,468 34,768 35,528 37,296 38,057 38,818 39,578 40,613
17 28,561 29,876 30,796 35,286 36,047 37,815 38,575 39,336 40,097 41,132
18 28,561 29,876 30,796 35,805 36,566 38,333 39,094 39,855 40,615 41,650
19 28,561 29,876 30,796 36,323 37,084 38,852 39,613 40,373 41,134 42,169
20 28,561 29,876 30,796 36,842 37,603 39,370 40,131 40,892 41,653 42,688
21 28,561 29,876 30,796 36,842 37,603 39,889 40,650 41,410 42,171 43,206
22 28,561 29,876 30,796 36,842 37,603 40,407 41,168 41,929 42,690 43,725
23 28,561 29,876 30,796 36,842 37,603 40,926 41,687 42,447 43,208 44,243
24 28,561 29,876 30,796 36,842 37,603 40,926 41,687 42,966 43,727 44,762
25 28,561 29,876 30,796 36,842 37,603 40,926 41,687 43,484 44,245 45,280
26 28,561 29,876 30,796 36,842 37,603 40,926 41,687 44,003 44,764 45,799
27 28,561 29,876 30,796 36,842 37,603 40,926 41,687 44,003 44,764 45,799
28 28,561 29,876 30,796 36,842 37,603 40,926 41,687 44,003 44,764 45,799
29 28,889 30,204 31,125 37,360 38,121 41,445 42,205 44,522 45,282 46,317
30 29,217 30,533 31,453 37,879 38,640 41,963 42,724 45,040 45,801 46,836
31 29,545 30,861 31,781 38,397 39,158 42,482 43,242 45,559 46,319 47,354
32 29,873 31,189 32,109 38,916 39,677 43,000 43,761 46,077 46,838 47,873
33 30,201 31,517 32,437 39,435 40,195 43,519 44,279 46,596 47,356 48,391
34 30,529 31,845 32,765 39,953 40,714 44,037 44,798 47,114 47,875 48,910
35 30,857 32,173 33,093 40,472 41,232 44,556 45,316 47,633 48,393 49,428
2008-09 STATE MINIMUM SALARY SCHEDULE
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Years
Exp.
4th
Class
3rd
Class
2nd
Class
  A.B.
+15
  M.A.
+15
M.A.
+30
M.A.
+45
Doc- torate
        A.B.
  M.A.
       
0 25,651 26,311 26,575 27,827 28,588 30,355 31,116 31,877 32,638 33,673
1 25,979 26,639 26,903 28,345 29,106 30,874 31,635 32,395 33,156 34,191
2 26,308 26,967 27,231 28,864 29,625 31,392 32,153 32,914 33,675 34,710
3 26,636 27,295 27,559 29,383 30,143 31,911 32,672 33,432 34,193 35,228
4 27,208 27,867 28,131 30,145 30,906 32,674 33,435 34,195 34,956 35,991
5 27,536 28,195 28,459 30,664 31,425 33,192 33,953 34,714 35,475 36,510
6 27,864 28,523 28,787 31,182 31,943 33,711 34,472 35,232 35,993 37,028
7 28,192 28,852 29,115 31,701 32,462 34,229 34,990 35,751 36,512 37,547
8 28,520 29,180 29,444 32,219 32,980 34,748 35,509 36,269 37,030 38,065
9 28,848 29,508 29,772 32,738 33,499 35,266 36,027 36,788 37,549 38,584
10 29,177 29,836 30,100 33,258 34,018 35,786 36,547 37,308 38,068 39,103
11 29,505 30,164 30,428 33,776 34,537 36,305 37,065 37,826 38,587 39,622
12 29,833 30,492 30,756 34,295 35,055 36,823 37,584 38,345 39,105 40,140
13 30,161 30,820 31,084 34,813 35,574 37,342 38,102 38,863 39,624 40,659
14 30,489 31,148 31,412 35,332 36,092 37,860 38,621 39,382 40,142 41,177
15 30,817 31,476 31,740 35,850 36,611 38,379 39,139 39,900 40,661 41,696
16 31,145 31,804 32,068 36,369 37,129 38,897 38,658 39,658 40,419 41,179 42,214
17 31,473 32,133 32,396 36,887 37,648 39,416 40,177 40,937 41,698 42,733
18 31,801 32,461 32,725 37,406 38,167 39,934 40,695 41,456 42,217 43,252
19 32,129 32,789 33,053 37,924 38,685 40,453 41,214 41,974 42,735 43,770
20 32,457 33,117 33,381 38,443 39,204 40,971 41,732 42,493 43,254 44,289
21 32,786 33,445 33,709 38,961 39,722 41,490 42,251 43,011 43,772 44,807
22 33,114 33,773 34,037 39,480 40,241 42,008 42,769 43,530 44,291 45,326
23 33,442 34,101 34,365 39,999 40,759 42,527 43,288 44,048 44,809 45,844
24 33,770 34,429 34,693 40,517 41,278 43,046 43,806 44,567 45,328 46,363
25 34,098 34,757 35,021 41,036 41,796 43,564 44,325 45,086 45,846 46,881
26 34,426 35,085 35,349 41,554 42,315 44,083 44,843 45,604 46,365 47,400
27 34,754 35,413 35,677 42,073 42,833 44,601 45,362 46,123 46,883 47,918
28 35,082 35,742 36,005 42,591 43,352 45,120 45,880 46,641 47,402 48,437
29 35,410 36,070 36,334 43,110 43,870 45,638 46,399 47,160 47,920 48,955
30 35,738 36,398 36,662 43,628 44,389 46,157 46,917 47,678 48,439 49,474
31 36,067 36,726 36,990 44,147 44,908 46,675 47,436 48,197 48,957 49,992
32 36,395 37,054 37,318 44,665 45,426 47,194 47,955 48,715 49,476 50,511
33 36,723 37,382 37,646 45,184 45,945 47,712 48,473 49,234 49,995 51,030
34 37,051 37,710 37,974 45,702 46,463 48,231 48,992 49,752 50,513 51,548
35 37,379 38,038 38,302 46,221 46,982 48,749 49,510 50,271 51,032 52,067
2011-12 STATE MINIMUM SALARY SCHEDULE
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
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 26,917 27,606 27,872 29,315 30,076 31,843 32,604 33,365 34,126 35,161
1 27,245 27,934 28,200 29,833 30,594 32,362 33,123 33,883 34,644 35,679
2 27,574 28,262 28,528 30,352 31,113 32,880 33,641 34,402 35,163 36,198
3 27,902 28,590 28,856 30,871 31,631 33,399 34,160 34,920 35,681 36,716
4 28,474 29,162 29,428 31,633 32,394 34,162 34,923 35,683 36,444 37,479
5 28,802 29,490 29,756 32,152 32,913 34,680 35,441 36,202 36,963 37,998
6 29,130 29,818 30,084 32,670 33,431 35,199 35,960 36,720 37,481 38,516
7 29,458 30,147 30,412 33,189 33,950 35,717 36,478 37,239 38,000 39,035
8 29,786 30,475 30,741 33,707 34,468 36,236 36,997 37,757 38,518 39,553
9 30,114 30,803 31,069 34,226 34,987 36,754 37,515 38,276 39,037 40,072
10 30,443 31,131 31,397 34,746 35,506 37,274 38,035 38,796 39,556 40,591
11 30,771 31,459 31,725 35,264 36,025 37,793 38,553 39,314 40,075 41,110
12 31,099 31,787 32,053 35,783 36,543 38,311 39,072 39,833 40,593 41,628
13 31,427 32,115 32,381 36,301 37,062 38,830 39,590 40,351 41,112 42,147
14 31,755 32,443 32,709 36,820 37,580 39,348 40,109 40,870 41,630 42,665
15 32,083 32,771 33,037 37,338 38,099 39,867 40,627 41,388 42,149 43,184
16 32,411 33,099 33,365 37,857 38,617 40,385 41,146 41,907 42,667 43,702
17 32,739 33,428 33,693 38,375 39,136 40,904 41,665 42,425 43,186 44,221
18 33,067 33,756 34,022 38,894 39,655 41,422 42,183 42,944 43,705 44,740
19 33,395 34,084 34,350 39,412 40,173 41,941 42,702 43,462 44,223 45,258
20 33,723 34,412 34,678 39,931 40,692 42,459 43,220 3,981 44,742 45,777
21 34,052 34,740 35,006 40,449 41,210 42,978 43,739 44,499 45,260 46,295
22 34,380 35,068 35,334 40,968 41,729 43,496 44,257 45,018 45,779 46,814
23 34,708 35,396 35,662 41,487 42,247 44,015 44,776 45,536 46,297 47,332
24 35,036 35,724 35,990 42,005 42,766 44,534 45,294 46,055 46,816 47,851
25 35,364 36,052 36,318 42,524 43,284 45,052 45,813 46,574 47,334 48,369
26 35,692 36,380 36,646 43,042 43,803 45,571 46,331 47,092 47,853 48,888
27 36,020 36,708 36,974 43,561 44,321 46,089 46,850 47,611 48,371 49,406
28 36,348 37,037 37,302 44,079 44,840 46,608 47,368 48,129 48,890 49,925
29 36,676 37,365 37,631 44,598 45,358 47,126 47,887 48,648 49,408 50,443
30 37,004 37,693 37,959 45,116 45,877 47,645 48,405 49,166 49,927 50,962
31 37,333 38,021 38,287 45,635 46,396 48,163 48,924 49,685 50,445 51,480
32 37,661 38,349 38,615 46,153 46,914 48,682 49,443 50,203 50,964 51,999
33 37,989 38,677 38,943 46,672 47,433 49,200 49,961 50,722 51,483 52,518
34 38,317 39,005 39,271 47,190 47,951 49,719 50,480 51,240 52,001 53,036
35 38,645 39,333 39,599 47,709 48,470 50,237 50,998 51,759 52,520 53,555

(b) Six hundred dollars shall be paid annually to each classroom teacher who has at least twenty 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.
§18A-4-5. Salary equity among the counties; state salary supplement.

(a) For the purposes of this section, salary equity among the counties means that the salary potential of school employees employed by the various districts throughout the state does not differ by greater than ten percent between those offering the highest salaries and those offering the lowest salaries. In the case of professional educators, the difference shall be calculated utilizing the average of the professional educator salary schedules, degree classifications B.A. through doctorate and the years of experience provided for in the most recent state minimum salary schedule for teachers, in effect in the five counties offering the highest salary schedules compared to the lowest salary schedule in effect among the fifty-five counties. In the case of school service personnel, the difference shall be calculated utilizing the average of the school service personnel salary schedules, pay grades 'A' through 'H' and the years of experience provided for in the most recent state minimum pay scale pay grade for service personnel, in effect in the five counties offering the highest salary schedules compared to the lowest salary schedule in effect among the fifty-five counties. Effective July 1, 2013, for both professional educators and school service personnel, the differences shall be calculated as otherwise required by this subsection except that the ten counties offering the highest salary schedules shall be compared to the lowest salary schedule in effect among the fifty- five counties.
For the school year beginning July 1, 1994, and thereafter, in the counties that jointly support a multicounty vocational school, salary equity funding shall be distributed to nonfiscal agent counties based on: (1) Calculating the amount of salary equity funding each nonfiscal agent county would receive for the employees for which it is charged in the public school support program, as provided in section four, article nine-a, chapter eighteen of this code, if this salary equity funding were distributed to nonfiscal agent counties; and (2) deducting the salary equity funding to be received by the fiscal agent county in the public school support program for those employees for which the nonfiscal agent county is charged in the public school support program.
(b) To assist the state in meeting its objective of salary equity among the counties, as defined in subsection (a) of this section, on and after July 1, 1984, subject to available state appropriations and the conditions set forth herein, each teacher and school service personnel shall receive a supplemental amount in addition to the amount from the state minimum salary schedules provided for in this article.
(c) State funds for this purpose shall be paid within the West Virginia public school support plan in accordance with article nine-a, chapter eighteen of this code. The amount allocated for salary equity shall be apportioned between teachers and school service personnel in direct proportion to that amount necessary to support the professional salaries and service personnel salaries statewide under sections four, and five and eight, article nine-a, chapter eighteen of this code. Provided, That in making this division an adequate amount of state equity funds shall be reserved to finance the appropriate foundation allowances and staffing incentives provided for in article nine-a, chapter eighteen of this code.
(d) Pursuant to this section, each teacher and school service personnel shall receive the amount that is the difference between their authorized state minimum salary and ninety-five percent of the maximum salary schedules prescribed in sections five-a and five-b of this article, reduced by any amount provided by the county as a salary supplement for teachers and school service personnel on January 1, 1984. of the fiscal year immediately preceding that in which the salary equity appropriation is distributed: Provided, That
(e) The amount received pursuant to this section shall not be decreased as a result of any county supplement increase instituted after January 1, 1984: until the objective of salary equity is reached: Provided, however, That any amount received pursuant to this section may be reduced proportionately based upon the amount of funds appropriated for this purpose. No county may reduce any salary supplement that was in effect on January 1, 1984, except as permitted by sections five-a and five-b of this article.
§18A-4-8a. Service personnel minimum monthly salaries.
(a) The minimum monthly pay for each service employee shall be as follows:
(1) The Effective July 1, 2010, through June 30, 2011, 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 2010-2011 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 2010-2011 State Minimum Pay Scale Pay Grade set forth in this section subdivision.
Beginning July 1, 2011, 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 2011-2012 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 2011-2012 State Minimum Pay Scale Pay Grade set forth in this section subdivision.

2010-2011 STATE MINIMUM PAY SCALE PAY GRADE
Years            
Exp.                
  A B C D E F G H
0 1,577 1,598 1,639 1,691 1,743 1,805 1,836 1,908
1 1,609 1,630 1,671 1,723 1,775 1,837 1,868 1,940
2 1,641 1,662 1,703 1,755 1,807 1,869 1,900 1,972
3 1,673 1,694 1,735 1,787 1,839 1,901 1,932 2,004
4 1,705 1,726 1,767 1,819 1,871 1,933 1,964 2,037
5 1,737 1,758 1,799 1,851 1,903 1,965 1,996 2,069
6 1,769 1,790 1,832 1,883 1,935 1,997 2,028 2,101
7 1,802 1,822 1,864 1,915 1,967 2,029 2,060 2,133
8 1,834 1,854 1,896 1,947 1,999 2,061 2,092 2,165
9 1,866 1,886 1,928 1,980 2,031 2,093 2,124 2,197
10 1,898 1,919 1,960 2,012 2,063 2,126 2,157 2,229
11 1,930 1,951 1,992 2,044 2,095 2,158 2,189 2,261
12 1,962 1,983 2,024 2,076 2,128 2,190 2,221 2,293
13 1,994 2,015 2,056 2,108 2,160 2,222 2,253 2,325
14 2,026 2,047 2,088 2,140 2,192 2,254 2,285 2,357
15 2,058 2,079 2,120 2,172 2,224 2,286 2,317 2,389
16 2,090 2,111 2,152 2,204 2,256 2,318 2,349 2,422
17 2,122 2,143 2,185 2,236 2,288 2,350 2,381 2,454
18 2,154 2,175 2,217 2,268 2,320 2,382 2,413 2,486
19 2,187 2,207 2,249 2,300 2,352 2,414 2,445 2,518
20 2,219 2,239 2,281 2,333 2,384 2,446 2,477 2,550
21 2,251 2,271 2,313 2,365 2,416 2,478 2,509 2,582
22 2,283 2,304 2,345 2,397 2,448 2,511 2,542 2,614
23 2,315 2,336 2,377 2,429 2,481 2,543 2,574 2,646
24 2,347 2,368 2,409 2,461 2,513 2,575 2,606 2,678
25 2,379 2,400 2,441 2,493 2,545 2,607 2,638 2,710
26 2,411 2,432 2,473 2,525 2,577 2,639 2,670 2,742
27 2,443 2,464 2,505 2,557 2,609 2,671 2,702 2,774
28 2,475 2,496 2,537 2,589 2,641 2,703 2,734 2,807
29 2,507 2,528 2,570 2,621 2,673 2,735 2,766 2,839
30 2,540 2,560 2,602 2,653 2,705 2,767 2,798 2,871
31 2,572 2,592 2,634 2,685 2,737 2,799 2,830 2,903
32 2,604 2,624 2,666 2,718 2,769 2,831 2,862 2,935
33 2,636 2,656 2,698 2,750 2,801 2,863 2,895 2,967
34 2,668 2,689 2,730 2,782 2,833 2,896 2,927 2,999
35 2,700 2,721 2,762 2,814 2,866 2,928 2,959 3,031
36 2,732 2,753 2,794 2,846 2,898 2,960 2,991 3,063
37 2,764 2,785 2,826 2,878 2,930 2,992 3,023 3,095
38 2,796 2,817 2,858 2,910 2,962 3,024 3,055 3,127
39 2,828 2,849 2,890 2,942 2,994 3,056 3,087 3,159
40 2,860 2,881 2,922 2,974 3,026 3,088 3,119 3,192
2011-2012 STATE MINIMUM PAY SCALE PAY GRADE
Years                
Exp.                
  A B C D E F G H
0 1,627 1,648 1,689 1,741 1,793 1,855 1,886 1,958
1 1,659 1,680 1,721 1,773 1,825 1,887 1,918 1,990
2 1,691 1,712 1,753 1,805 1,857 1,919 1,950 2,022
3 1,723 1,744 1,785 1,837 1,889 1,951 1,982 2,054
4 1,755 1,776 1,817 1,869 1,921 1,983 2,014 2,087
5 1,787 1,808 1,849 1,901 1,953 2,015 2,046 2,119
6 1,819 1,840 1,882 1,933 1,985 2,047 2,078 2,151
7 1,852 1,872 1,914 1,965 2,017 2,079 2,110 2,183
8 1,884 1,904 1,946 1,997 2,049 2,111 2,142 2,215
9 1,916 1,936 1,978 2,030 2,081 2,143 2,174 2,247
10 1,948 1,969 2,010 2,062 2,113 2,176 2,207 2,279
11 1,980 2,001 2,042 2,094 2,145 2,208 2,239 2,311
12 2,012 2,033 2,074 2,126 2,178 2,240 2,271 2,343
13 2,044 2,065 2,106 2,158 2,210 2,272 2,303 2,375
14 2,076 2,097 2,138 2,190 2,242 2,304 2,335 2,407
15 2,108 2,129 2,170 2,222 2,274 2,336 2,367 2,439
16 2,140 2,161 2,202 2,254 2,306 2,368 2,399 2,472
17 2,172 2,193 2,235 2,286 2,338 2,400 2,431 2,504
18 2,204 2,225 2,267 2,318 2,370 2,432 2,463 2,536
19 2,237 2,257 2,299 2,350 2,402 2,464 2,495 2,568
20 2,269 2,289 2,331 2,383 2,434 2,496 2,527 2,600
21 2,301 2,321 2,363 2,415 2,466 2,528 2,559 2,632
22 2,333 2,354 2,395 2,447 2,498 2,561 2,592 2,664
23 2,365 2,386 2,427 2,479 2,531 2,593 2,624 2,696
24 2,397 2,418 2,459 2,511 2,563 2,625 2,656 2,728
25 2,429 2,450 2,491 2,543 2,595 2,657 2,688 2,760
26 2,461 2,482 2,523 2,575 2,627 2,689 2,720 2,792
27 2,493 2,514 2,555 2,607 2,659 2,721 2,752 2,824
28 2,525 2,546 2,587 2,639 2,691 2,753 2,784 2,857
29 2,557 2,578 2,620 2,671 2,723 2,785 2,816 2,889
30 2,590 2,610 2,652 2,703 2,755 2,817 2,848 2,921
31 2,622 2,642 2,684 2,735 2,787 2,849 2,880 2,953
32 2,654 2,674 2,716 2,768 2,819 2,881 2,912 2,985
33 2,686 2,706 2,748 2,800 2,851 2,913 2,945 3,017
34 2,718 2,739 2,780 2,832 2,883 2,946 2,977 3,049
35 2,750 2,771 2,812 2,864 2,916 2,978 3,009 3,081
36 2,782 2,803 2,844 2,896 2,948 3,010 3,041 3,113
37 2,814 2,835 2,876 2,928 2,980 3,042 3,073 3,145
38 2,846 2,867 2,908 2,960 3,012 3,074 3,105 3,177
39 2,878 2,899 2,940 2,992 3,044 3,106 3,137 3,209
40 2,910 2,931 2,972
3,024 3,076 3,138 3,169

3,242


(2) Each service employee shall receive the amount prescribed in the Minimum Pay Scale 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 ID
Accountant IIE
Accountant II IIIF
Accounts Payable SupervisorG
Aide IA
Aide IIB
Aide IIIC
Aide IVD
Audiovisual TechnicianC
AuditorG
Autism MentorF
Braille or Sign Language SpecialistE
Bus OperatorD
BuyerF
CabinetmakerG
Cafeteria ManagerD
Carpenter IE
Carpenter IIF
Chief MechanicG
Clerk IB
Clerk IIC
Computer OperatorE
Cook IA
Cook IIB
Cook IIIC
Crew LeaderF
Custodian IA
Custodian IIB
Custodian IIIC
Custodian IVD
Director or Coordinator of ServicesH
DraftsmanD
Electrician IF
Electrician IIG
Electronic Technician IF
Electronic Technician IIG
Executive SecretaryG
Food Services SupervisorG
ForemanG
General MaintenanceC
GlazierD
Graphic ArtistD
GroundsmanB
HandymanB
Heating and Air Conditioning Mechanic IE
Heating and Air Conditioning Mechanic IIG
Heavy Equipment OperatorE
Inventory SupervisorD
Key Punch OperatorB
Licensed Practical NurseF
LocksmithG
Lubrication ManC
MachinistF
Mail ClerkD
Maintenance ClerkC
MasonG
MechanicF
Mechanic AssistantE
Office Equipment Repairman IF
Office Equipment Repairman IIG
PainterE
ParaprofessionalF
Payroll SupervisorG
Plumber IE
Plumber IIG
Printing OperatorB
Printing SupervisorD
ProgrammerH
Roofing/Sheet Metal MechanicF
Sanitation Plant OperatorG
School Bus SupervisorE
Secretary ID
Secretary IIE
Secretary IIIF
Supervisor of MaintenanceH
Supervisor of TransportationH
Switchboard Operator-ReceptionistD
Truck DriverD
Warehouse ClerkC
WatchmanB
WelderF
WVEIS Data Entry and Administrative ClerkB
(b) An additional $12 per month shall be added to the minimum monthly pay of each service employee who holds a high school diploma or its equivalent.
(c) An additional $11 per month also shall be added to the minimum monthly pay of each service employee for each of the following:
(1) A service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(2) A service employee who holds twenty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(3) A service employee who holds thirty-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(4) A service employee who holds forty-eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(5) A service employee who holds sixty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(6) A service employee who holds seventy-two college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(7) A service employee who holds eighty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(8) A service employee who holds ninety-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(9) A service employee who holds one hundred eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(10) A service employee who holds one hundred twenty 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 shall be added to the minimum monthly pay of each service employee for each of the following:
(1) A service employee who holds an associate's degree;
(2) A service employee who holds a bachelor's degree;
(3) A service employee who holds a master's degree;
(4) A service employee who holds a doctorate degree.
(e) An additional $11 per month shall be added to the minimum monthly pay of each service employee for each of the following:
(1) A service employee who holds a bachelor's degree plus fifteen college hours;
(2) A service employee who holds a master's degree plus fifteen college hours;
(3) A service employee who holds a master's degree plus thirty college hours;
(4) A service employee who holds a master's degree plus forty-five college hours; and
(5) A service employee who holds a master's degree plus sixty college hours.
(f) When any part of a school service employee's daily shift of work is performed between the hours of six o'clock p.m. and five o'clock a.m. the following day, the employee shall be paid no less than an additional $10 per month and one half of the pay shall be paid with local funds.
(g) Any service employee required to work on any legal school holiday shall be paid at a rate one and one-half times the employee's usual hourly rate.
(h) 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 shall be 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.
(i) No service employee may have his or her daily work schedule changed during the school year without the employee's written consent and the employee'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.
(j) The minimum hourly rate of pay for extra duty assignments as defined in section eight-b of this article shall be no less than one seventh of the employee's daily total salary for each hour the employee 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 employees within that classification category of employment within that county: Provided, however, That the vote shall be by secret ballot if requested by a service personnel employee within that classification category within that county. The salary for any fraction of an hour the employee is involved in performing the assignment shall be prorated accordingly. When performing extra duty assignments, employees who are regularly employed on a one-half day salary basis shall receive the same hourly extra duty assignment pay computed as though the employee were employed on a full-day salary basis.
(k) The minimum pay for any service personnel employees engaged in the removal of asbestos material or related duties required for asbestos removal shall be 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 shall be 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 employees 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.
(l) For the purpose of qualifying for additional pay as provided in section eight, article five of this chapter, an aide shall be 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 certified professional personnel 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 certified professional personnel' means that certified professional personnel is present, with and accompanying the aide.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.

§20-7-1c. Natural resources police officer, ranks, salary schedule, base pay, exceptions.

(a) Notwithstanding any provision of this code to the contrary, the ranks within the law-enforcement section of the Division of Natural Resources are colonel, lieutenant colonel, major, captain, lieutenant, sergeant, corporal, natural resources police officer first class, senior natural resources police officer, natural resources police officer and natural resources police officer-in-training. Each officer while in uniform shall wear the insignia of rank as provided by the chief natural resources police officer.
(b) Beginning on July 1, 2002, and continuing thereafter through June 30, 2011, natural resources police officers shall be paid the minimum annual salaries based on the following schedule:
ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Natural Resources Police Officer In Training (first year until end
of probation)
$26,337
Natural Resources Police Officer (second year)
$29,768
Natural Resources Police Officer (third year)
$30,140
Senior Natural Resources Police Officer (fourth and
fifth year)
$30,440
Senior Natural Resources Police Officer First Class
(after fifth year)
$32,528
Senior Natural Resources Police Officer (after
tenth year)
$33,104
Senior Natural Resources Police Officer (after
fifteenth year)
$33,528
Corporal (after sixteenth year)
$36,704
Sergeant
$40,880
First Sergeant
$42,968
Lieutenant
$47,144
Captain
$49,232
Major
$51,320
Lieutenant Colonel
$53,408
Colonel
ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Natural Resources Police Officer In Training
(first year until end of probation)$30,995
Natural Resources Police Officer
(second year)$34,727
Natural Resources Police Officer
(third year)$35,131
Senior Natural Resources Police Officer
(fourth and fifth year)$35,461
Senior Natural Resources Police Officer First Class
(after fifth year)$37,701
Senior Natural Resources Police Officer
(after tenth year)$38,313
Senior Natural Resources Police Officer
(after fifteenth year)$38,758
Corporal

(after sixteenth year)$42,095
Sergeant$46,477
First Sergeant$48,668
Lieutenant$53,062
Captain$55,253
Major$57,444
Lieutenant Colonel$59,635
Colonel
Natural resources police officers in service at the time the amendment to this section becomes effective shall be given credit for prior service and shall be paid salaries as the same length of service will entitle entitles them to receive under the provisions of this section.
(c) This section does not apply to special or emergency natural resources police officers appointed under the authority of section one of this article.
(d) Nothing in this section prohibits other pay increases as provided under section two, article five, chapter five of this code: Provided, That any across-the-board pay increase granted by the Legislature or the Governor will be added to, and reflected in, the minimum salaries set forth in this section; and that any merit increases granted to an officer over and above the annual salary schedule listed in subsection (b) of this section are retained by an officer when he or she advances from one rank to another: Provided, however, That any natural resources police officer who receives an increase in compensation pursuant to the amendment and reenactment of this section in 2011 shall not receive any across-the-board pay increase granted by the Legislature or the Governor in 2011.
CHAPTER 50. MAGISTRATE COURTS.

ARTICLE 1. COURTS AND OFFICERS.
§50-1-3. Salaries of magistrates.

(a) The Legislature finds and declares that:
(1) The West Virginia Supreme Court of Appeals has held that a salary system for magistrates which is based upon the population that each magistrate serves does not violate the equal protection clause of the Constitution of the United States;
(2) The West Virginia Supreme Court of Appeals has held that a salary system for magistrates which is based upon the population that each magistrate serves does not violate section thirty-nine, article VI of the Constitution of West Virginia;
(3) The utilization of a two-tiered salary schedule for magistrates is an equitable and rational manner by which magistrates should be compensated for work performed;
(4) Organizing the two tiers of the salary schedule into one tier for magistrates serving less than eight thousand four hundred in population and the second tier for magistrates serving eight thousand four hundred or more in population is rational and equitable given current statistical information relating to population and caseload; and
(5) That all magistrates who fall under the same tier should be compensated equally.
(b) The salary of each magistrate shall be paid by the state. Magistrates who serve fewer than eight thousand four hundred in population shall be paid annual salaries of thirty thousand six hundred twenty-five dollars and magistrates who serve eight thousand four hundred or more in population shall be paid annual salaries of thirty-seven thousand dollars: Provided, That on and after the first day of July, two thousand three, magistrates who serve fewer than eight thousand four hundred in population shall be paid annual salaries of thirty-three thousand six hundred twenty-five dollars and magistrates who serve eight thousand four hundred or more in population shall be paid annual salaries of forty thousand dollars: Provided, however, That on and after the first day of July, two thousand five, magistrates who serve fewer than eight thousand four hundred in population shall be paid annual salaries of forty-three thousand six hundred twenty-five dollars and magistrates who serve eight thousand four hundred or more in population shall be paid annual salaries of fifty thousand dollars. Provided further, That on and after the first day of July, 2011, magistrates who serve fewer than eight thousand four hundred in population shall be paid annual salaries of $51,125 and magistrates who serve eight thousand four hundred or more in population shall be paid annual salaries of $57,500.
(c) For the purpose of determining the population served by each magistrate, the number of magistrates authorized for each county shall be divided into the population of each county. For the purpose of this article, the population of each county is the population as determined by the last preceding decennial census taken under the authority of the United States government.
CHAPTER 51. COURTS AND THEIR OFFICERS.

ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-10a. Salary of justices.

The salary of each of the justices of the Supreme Court of Appeals shall be $95,000 per year: Provided, That beginning July, 1, 2005, the salary of each of the justices of the Supreme Court shall be $121,000: Provided, however, That beginning July 1, 2011, the annual salary of a justice of the Supreme Court shall be $136,000.
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
§51-2-13. Salaries of judges of circuit courts.

The salaries of the judges of the various circuit courts shall be paid solely out of the State Treasury. No county, county commission, board of commissioners or other political subdivision shall supplement or add to such salaries.
The annual salary of all circuit judges shall be $90,000 per year: Provided, That beginning July 1,2005, the annual salary of all circuit judges shall be $116,000 per year: Provided, however, That beginning July 1, 2011, the annual salary of a circuit court judge shall be $126,000.
ARTICLE 2A. FAMILY COURTS.
§51-2A-6. Compensation and expenses of family court judges and their staffs.

(a) A family court judge is entitled to receive as compensation for his or her services an annual salary of $62,500: Provided, That beginning July 1, 2005, a family court judge is entitled to receive as compensation for his or her services an annual salary of $82,500: Provided, however, That beginning July 1, 2011, the annual salary of a family court judge shall be $94,500.
(b) The secretary-clerk of the family court judge is appointed by the family court judge and serves at his or her will and pleasure. The secretary-clerk of the family court judge is entitled to receive an annual salary of $27,036: Provided, That on and after July 1, 2006, the annual salary of the secretary-clerk shall be established by the administrative director of the Supreme Court of Appeals, but may not exceed $35,000. In addition, any person employed as a secretary-clerk to a family court judge on the effective date of the enactment of this section during the sixth extraordinary session of the Legislature in the year 2001 who is receiving an additional $500 per year up to ten years of a certain period of prior employment under the provisions of the prior enactment of section eight of this article during the second extraordinary session of the Legislature in the year 1999 shall continue to receive such additional amount. Further, the secretary-clerk will receive such percentage or proportional salary increases as may be provided by general law for other public employees and is entitled to receive the annual incremental salary increase as provided in article five, chapter five of this code.
(c) The family court judge may employ not more than one family case coordinator who serves at his or her will and pleasure. The annual salary of the family case coordinator of the family court judge shall be established by the Administrative Director of the Supreme Court of Appeals but may not exceed $36,000: Provided, That on and after July 1, 2006, the annual salary of the family case coordinator of the family court judge may not exceed $46,060. The family case coordinator will receive such percentage or proportional salary increases as may be provided by general law for other public employees and is entitled to receive the annual incremental salary increase as provided in article five, chapter five of this code.
(d) The sheriff or his or her designated deputy shall serve as a bailiff for a family court judge. The sheriff of each county shall serve or designate persons to serve so as to assure that a bailiff is available when a family court judge determines the same is necessary for the orderly and efficient conduct of the business of the family court.
(e) Disbursement of salaries for family court judges and members of their staffs are made by or pursuant to the order of the Director of the Administrative Office of the Supreme Court of Appeals.
(f) Family court judges and members of their staffs are allowed their actual and necessary expenses incurred in the performance of their duties. The expenses and compensation will be determined and paid by the Director of the Administrative Office of the Supreme Court of Appeals under such guidelines as he or she may prescribe, as approved by the Supreme Court of Appeals.
(g) Notwithstanding any other provision of law, family court judges are not eligible to participate in the retirement system for judges under the provisions of article nine of this chapter."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2879 - "A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended; to amend and reenact §15-2-5 of said code; to amend and reenact §18A-4-2, §18A-4-5 and §18A-4-8a of said code; to amend and reenact §20-7-1c of said code; to amend and reenact §50-1-3 of said code; to amend and reenact §51-1-10a of said code; to amend and reenact §51-2-13 of said code; and to amend and reenact §51-2A-6 of said code, all relating to increasing salaries for certain public employees."
On motion of Delegate Boggs, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 216, Modifying definition "imminent danger to physical well-being of a child".
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 256, Requiring sex offenders verity e-mail and online identities.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of
S. B. 486, Creating WVU-Tech Revitalization Project.
At 5:37 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 8, 2011.

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