H. B. 2805


(By Delegates Riggs and Fealy)
[Introduced March 31, 1993; referred to the
Committee on Education then Finance.]




A BILL to amend and reenact sections five-a and five-b, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to county salary supplements for teachers and school service personnel.

 Be it enacted by the Legislature of West Virginia:
That sections five-a and five-b, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-5a. County salary supplements for teachers.

County boards of education in fixing the salaries of teachers shall use at least the state minimum salaries established under the provisions of this article. The board may establish salary schedules which shall be in excess of the state minimums fixed by this article, such the county schedules to beuniform throughout the county as to the classification of training, experience, responsibility and other requirements.
Counties may fix higher salaries for teachers placed in special instructional assignments, for those assigned to or employed for duties other than regular instructional duties, and for teachers of one-teacher schools, and they may provide additional compensation for any teacher assigned duties in addition to the teacher's regular instructional duties wherein such the instructional duties are not a part of the scheduled hours of the regular school day. Uniformity also shall apply to such the additional salary increments or compensation for all persons performing like assignments and duties within the county: Provided, That in establishing such the local salary schedules, no a county shall not reduce local funds allocated for salaries in effect on the first day of January, one thousand nine hundred ninety, and used in supplementing the state minimum salaries as provided for in this article. unless forced to do so by defeat of a special levy, or a loss in assessed values or events over which it has no control and for which the county board has received approval from the state board prior to making such reduction
In the event that a reduction in salary supplement must occur as a result of the defeat of an excess levy, the state will, beginning with the fiscal year next following the defeat of the excess levy, assume payment of the salary supplement in an amount equal to the supplement that was being paid through excess levy funds, not to exceed the amount paid to achieve equity inthose counties not having excess levies.
Counties may provide, in a uniform manner, benefits for teachers which require an appropriation from local funds including, but not limited to, dental, optical, health and income protection insurance, vacation time and retirement plans excluding the state teachers retirement system. Nothing herein shall prohibit the maintenance nor result in the reduction of any benefits in effect on the first day of January, one thousand nine hundred eighty-four, by any county board of education.
§18A-4-5b. County salary supplements for school service personnel.

The county board of education may establish salary schedules which shall be in excess of the state minimums fixed by this article.
These county schedules shall be uniform throughout the county with regard to any training classification, experience, years of employment, responsibility, duties, pupil participation, pupil enrollment, size of buildings, operation of equipment or other requirements. Further, uniformity shall apply to all salaries, rates of pay, benefits, increments or compensation for all persons regularly employed and performing like assignments and duties within the county: Provided, That in establishing such the local salary schedules, no a county shall not reduce local funds allocated for salaries in effect on the first day of January, one thousand nine hundred ninety, and used in supplementing the state minimum salaries as provided for in thisarticle. unless forced to do so by defeat of a special levy, or a loss in assessed values or events over which it has no control and for which the county board has received approval from the state board prior to making such reduction
In the event that a reduction in salary supplement must occur as a result of the defeat of an excess levy, the state will, beginning with the fiscal year next following the defeat of the excess levy, assume payment of the salary supplement in an amount equal to the supplement that was being paid through excess levy funds, not to exceed the amount paid to achieve equity in those counties not having excess levies.
Counties may provide, in a uniform manner, benefits for service personnel which require an appropriation from local funds including, but not limited to, dental, optical, health and income protection insurance, vacation time and retirement plans excluding the state teachers retirement system. Nothing herein shall prohibit the maintenance nor result in the reduction of any benefits in effect on the first day of January, one thousand nine hundred eighty-four, by any county board of education.




NOTE: The purpose of this bill is to maintain equity in personnel salaries in the event of a failure of an excess levy.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.