FISCAL NOTE
Date Requested: January 14, 2026
Time Requested: 06:17 PM |
| Agency: |
Education, WV Department of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1341 |
Introduced |
HB4133 |
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|---|
| CBD Subject: |
|
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FUND(S):
0317
Sources of Revenue:
Other Fund County Boards of Education
Legislation creates:
Increases Existing Expenses
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
This proposed legislation defines a workday for school service personnel and removes a provision relating to the employment of licensed practical nurses. In its current form, this proposed legislation does not have any fiscal impact on the State under the Public-School Support Plan (PSSP); however, there is an anticipated cost to the various county boards of education that will be incurred by standardizing the workday for service personnel. Unfortunately, the West Virginia Department of Education (WVDE) does not have the data necessary to accurately provide an estimate of the potential costs to the various county boards of education.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2026
Increase/Decrease
(use"-") |
2027
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
0 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
This legislation, in its current form, does not have any fiscal impact on the State; however, there is an anticipated cost to the various county boards of education, but the cost is indeterminable at this time. The WVDE believes this bill intends to standardize a workday for all classifications of service personnel. The county boards of education currently have the statutory authority to define the workday of service personnel for their district, including the ability to vary the number of hours in a workday among specific classifications of employees within the district. The provisions of this legislation eliminate the county boards of education’s discretion and standardize a workday for all service personnel statewide. County boards of education with service personnel employed at less than an 8-hour workday will be required to bear the additional cost associated with increasing compensated work hours. Further, county boards of education could experience an increase in overtime costs due to the proposed legislation. Unfortunately, WVDE does not have the data necessary to accurately estimate the potential costs to county boards of education necessary to meet the requirements of this proposal.
Memorandum
A review of the proposed changes to W. Va. Code §18-4-8(m)(2) appears to ensure that the workday standardization does not conflict with the language of the current regulating statute; however, WVDE does not believe that changing the statute is necessary because Fair Labor Standards Act compliance means that there should not be any service personnel with a current full-day workday exceeding 8 hours or a half-day workday exceeding 4 hours. The strike-through of §18-4-8(p) does not have any fiscal impact. Further, the Legislature may want to consider the impact of this proposed legislation on the relegation clause established in §18A-4-8.
Person submitting Fiscal Note: Tina Payne
Email Address: tina.a.payne@k12.wv.us