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 7
th
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 Training3,138.17 Mo. 37,658
Trooper Second Year39,122
Trooper Third Year39,494
Senior Trooper39,882
Trooper First Class40,470
Corporal41,058
Sergeant 45,234
First Sergeant47,322
Second Lieutenant49,410
First Lieutenant51,498
Captain53,586
Major55,674
Lieutenant Colonel57,762
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$39,494
II39,882
III40,470
IV 41,058
V45,244
VI 47,322
VII49,410
VIII 51,498
Beginning on July 1, 2008, and continuing thereafter through June 30, 2011, members shall
receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training$ 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 TITLEPAY 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.