ENGROSSED
H. B. 4694
(By Delegates Kiss, Miller, D. Cook, Pettit, Compton, Warner
and Burk)
(Originating in the House Committee on Finance)
[March 8, 1994]
A BILL to amend article five, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four; to amend and reenact section five, article two, chapter fifteen of said code; to amend article two, chapter eighteen-a of said code by adding thereto a new section, designated section thirteen; to amend and reenact sections two, four and eight-a, article four, chapter eighteen-a of said code; to amend and reenact section one-c, article seven, chapter twenty of said code; and to amend and reenact section three, article one, chapter fifty of said code, all relating to salaries of public employees; providing an across the board pay raise for state employees; increasing the minimum salary schedule for division of public safety employees; providing an across the board salary increase for teachers and school service personnel; providing incremental increases to teachers and school service personnel for specialized training or service; requiring information regarding school cooks work hours to be reported to the state board; providing a thousand dollar salary increase for conservation officers; and providing a one thousand dollar salary increase for magistrates.
Be it enacted by the Legislature of West Virginia:
That article five, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section four; that section five, article two, chapter fifteen of said code be amended and reenacted; that article two, chapter eighteen-a of said code be amended by adding thereto a new section, designated section thirteen; that sections two, four and eight-a, article four, chapter eighteen-a of said code be amended and reenacted; that section one-c, article seven, chapter twenty of said code be amended and reenacted; and that section three, article one, chapter fifty of said code be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC
WORKS
MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§
5-5-4. Across the board salary increase.
On the first day of July, one thousand nine hundred ninety-four, the salary of each state employee whose salary is not otherwise established through a specific statutory provision shall receive a salary increase equal to one thousand dollars per year. State employees whose salary is governed by a salary schedule shall each be entitled to the one thousand dollar annual salary increase in accordance with this section or the specific statutory provision which increases minimum annual salaries as of the first day of July, one thousand nine hundred ninety four:
Provided,
That employees whose salaries are established pursuant to chapter eighteen-b of this code shall receive the incremental salary increase made effective on the first day of July, one thousand nine hundred ninety-four, pursuant to the provisions of articles eight and nine, chapter eighteen-b of this code.
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. DIVISION OF PUBLIC SAFETY.
§
15
-
2
-
5. Career progression system; salaries; exclusion from
wage and hour law, with supplemental payment; bond;
leave time for members called to duty in guard or
reserves.
The superintendent shall establish within the department of public safety 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; and the temporary reclassification of members assigned to administrative duties as administrative support specialist I-VIII.
The superintendent shall, only in the initial implementation f this section, reclassify nonsupervisory members without benefit or requirement of a promotional or reclassification system as long as those reclassified meet the longevity requirements for advancement as follows: Trooper - less than three years; senior trooper - three years to eight years; trooper first class - nine years to fourteen years; corporal - more than fourteen years.
The superintendent is authorized to promulgate legislative rules in accordance with 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.
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.
Members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training$1,600 $19,200
Cadet Trooper After Training$1,715 Mo. 20,580
Trooper Second Year 20,976
Trooper Third Year 21,300
Trooper Fourth & Fifth Year 21,552
Senior Trooper 23,352
Trooper First Class 25,152
Corporal 26,952
Sergeant 30,552
First Sergeant 32,352
Second Lieutenant 34,152
First Lieutenant 35,952
Captain 37,752
Major 39,552
Lieutenant Colonel 41,352
On and after the first day of July, one thousand nine hundred ninety four, the annual salary schedule will be as follows:
Cadet During Training$2,600 $20,200
Cadet Trooper After Training$2,715 Mo. 21,580
Trooper Second Year 21,976
Trooper Third Year 22,300
Trooper Fourth & Fifth Year 22,552
Senior Trooper 24,352
Trooper First Class 26,152
Corporal 27,952
Sergeant 31,552
First Sergeant 33,352
Second Lieutenant 35,152
First Lieutenant 36,952
Captain 38,752
Major 40,552
Lieutenant Colonel 42,352
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION
SUPPORT SPECIALIST CLASSIFICATION
I 21,552
III 25,152
IV 26,952
V 30,552
VI 32,352
VII 34,152
VIII 35,952
On and after the first day of July, one thousand nine hundred ninety four the annual salary schedule shall be as follows:
I 22,552
II 24,352
III 26,152
IV 27,952
V 31,552
VI 33,352
VII 35,152
VIII 36,952
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I 21,552
II 23,352
III 25,152
IV 26,952
V 30,552
VI 32,352
VII 34,152
On and after the first day of July, one thousand nine hundred ninety-four, the annual salary schedule shall be as follows:
I 22,552
II 24,352
III 26,152
IV 27,952
V 31,552
VI 33,352
VII 35,152
Each member of the department whose salary is fixed and specified herein shall receive and be entitled to an increase in salary over that hereinbefore set forth, for grade in rank, based on length of service, including that heretofore and hereafter served with the department as follows: At the end of five years of service with the department, such member shall receive a salary increase of three hundred dollars to be effective during his next three years of service and a like increase at three-year intervals thereafter, with such increases to be cumulative.
In applying the foregoing salary schedule where salary increases are provided for length of service, members of the department in service at the time this article becomes effective shall be given credit for prior service and shall be paid such salaries as the same length of service will entitle them to receive under the provisions hereof.
The Legislature finds and declares that because of the unique duties of members of the department, it is not appropriate to apply the provisions of state wage and hour laws to them. Accordingly, members of the department of public safety are hereby excluded from the provisions of state wage and hour law. The express exclusion hereby enacted shall not be construed as any indication that such members were or were not heretofore covered by said wage and hour law.
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 hereinafter provided.
The superintendent shall, within thirty days after the effective date hereof, promulgate a rule to establish the number of hours per month which shall constitute the standard work month for the members of the department. The rule shall further establish, on a graduated hourly basis, the criteria for receipt of a portion or all of such supplemental payment when hours are worked in excess of said standard work month. The rule shall be promulgated pursuant to the provisions of chapter twenty-nine-a of this code. The superintendent shall certify monthly to the department'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 shall not exceed two hundred thirty-six dollars monthly. The superintendent and civilian employees of the department shall not be eligible for any such supplemental payments.
Each member of the department, except the superintendent and civilian employees, shall execute, before entering upon the discharge of his duties, a bond with security in the sum of five thousand dollars payable to the state of West Virginia, conditioned upon the faithful performance of his or her duties, and such bond shall be approved as to form by the attorney general and to sufficiency by the governor.
Any member of the department who is called to perform active duty for 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 such active duty for training or inactive duty training, and the time so granted shall not be deducted from any leave accumulated as a member of the department.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 2. SCHOOL PERSONNEL.
§
18A-2-13. Guidelines for full-day and half-day cooks.
Each county board of education shall (1) require each school to report (a) the number of meals served, (b) the number of cooks employed and (c) the average number of meals served per cooks hours worked and (2) submit a county-wide report to the state superintendent of schools delineating the above information by the first day of November, one thousand nine hundred ninety-four. The state superintendent of schools shall report such information to the Legislative Oversight Commission on Education Accountability by the first day of January, one thousand nine hundred ninety-five.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§
18A
-
4
-
2. State minimum salaries for teachers.
(a) Each teacher shall receive the amount prescribed in "state minimum salary schedule II":
Provided,
That effective the first day of July, one thousand nine hundred ninety-two ninety-four and thereafter, each teacher shall receive the amount prescribed in the "state minimum salary schedule I" 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.
STATE MINIMUM SALARY SCHEDULE I
(1)(2) (3) (4) (5) (6) (7)
Years4th 3rd 2nd A.B.
Exp.ClassClassClassA.B. +15 M.A.
016,81617,45317,70818,91819,65321,361
117,03217,66917,92419,31820,05321,761
217,24817,88618,14119,71820,45322,161
317,46518,10218,35720,11820,85322,561
417,91718,55418,81020,75421,48923,197
518,13318,77119,02621,15421,88923,597
618,35018,98719,24221,55422,28923,997
719,20319,45921,95422,68924,397
819,42019,67522,35423,08924,797
919,89122,75423,48925,197
1020,10723,15523,89025,598
1123,55524,29025,998
1223,95524,69026,398
1324,35525,09026,798
1427,198
1527,598
1627,998
17
18
19
(8) (9) (10)
YearsM.A.M.A.
Exp. +15 +30 Doctorate
022,096 22,83123,831
1 22,496 23,23124,231
2 22,896 23,63124,631
3 23,296 24,03125,031
4 23,932 24,66725,667
5 24,332 25,06726,067
6 24,732 25,46726,467
725,132 25,86726,867
825,532 26,267 27,267
9 25,932 26,66727,667
10 26,333 27,06828,068
11 26,733 27,46828,468
12 27,133 27,86828,868
13 27,533 28,268 29,268
14 27,933 28,66829,668
15 28,333 29,06830,068
16 28,733 29,46830,468
1729,86830,868
1830,26831,268
1930,66831,668
Six hundred dollars shall be paid annually to each classroom teacher who has at least twenty years of teaching experience. Such payments shall be in addition to any amounts prescribed in the "state minimum salary schedule I", shall be paid in equal monthly installments, and shall be deemed a part of the state minimum salaries for teachers.
Effective the first day of July, one thousand nine hundred ninety-four and thereafter, each teacher shall receive the amount prescribed in the "state minimum salary schedule II" 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.
STATE MINIMUM SALARY SCHEDULE II
(1)(2) (3) (4) (5) (6) (7)
Years4th 3rd 2nd A.B.
Exp.ClassClassClassA.B. +15 M.A.
016,81617,45317,70818,91819,65321,361
117,03217,66917,92419,31820,05321,761
217,24817,88618,14119,71820,45322,161
317,46518,10218,35720,11820,85322,561
417,91718,55418,81020,75421,48923,197
518,13318,77119,02621,15421,88923,597
618,35018,98719,24221,55422,28923,997
719,20319,45921,95422,68924,397
819,42019,67522,35423,08924,797
919,89122,75423,48925,197
1020,10723,15523,89025,598
1123,55524,29025,998
1223,95524,69026,398
1324,35525,09026,798
1427,198
1527,598
1627,998
17
18
19
(8)(9)(10)(11)
YearsM.A.M.A.M.A.Doc-
Exp. +15 +30 +45torate
022,09622,83123,56624,566
122,49623,23123,96624,966
222,89623,63124,36625,366
323,29624,03124,76625,766
423,93224,66725,40226,402
524,33225,06725,80226,802
725,13225,86726,60227,602
825,53226,26727,00228,002
925,93226,66727,40228,402
1026,33327,06827,80328,803
1126,73327,46828,20329,203
1227,13327,86828,60329,603
1327,53328,26829,00330,003
1427,93328,66829,40330,403
1528,33329,06829,80330,803
1628,73329,46830,20331,203
1729,86830,60331,603
1830,26831,00332,003
1930,66831,40332,403
STATE MINIMUM SALARY SCHEDULE
(1)(2) (3) (4) (5) (6) (7)
Years4th 3rd 2nd A.B.
Exp.ClassClassClassA.B. +15 M.A.
017,31617,95318,20819,41820,15321,861
117,57218,20918,46419,85820,59322,301
217,82818,46618,72120,29821,03322,741
318,08518,72218,97720,73821473323,181
418,57719,21419,47021,41422,14923,857
518,83319,47119,72621,85422,58924,297
619,09019,72719,98222,29423,02924,737
719,98320,23922,73423,46925,177
820,24020,49523,17423,90925,617
920,75123,61424,34926,057
1021,00724,05524,79026,498
1124,49525,23026,938
1224,93525,67027,378
1325,37526,11027,818
1428,258
1528,698
1629,138
17
18
19
(8)(9)(10)(11)
YearsM.A.M.A.M.A.Doc-
Exp. +15 +30 +45torate
022,59623,33124,06625,066
123,03623,77124,50625,506
223,47624,21124,94625,946
323,91624,71125,38626,386
424,59225,32726,06227,062
525,33225,76726,50227,502
625,47226,20726,94227,942
725,91226,64727,38228,382
826,35227,08727,82228,822
926,79227,52728,26229,262
1027,23327,96828,70329,703
1127,67328,40829,14330,143
1228,11328,84829,58330,583
1328,55329,28830,02331,023
1428,99329,72830,46331,463
1529,43330,16830,90331,903
1629,87330,60831,34332,343
1731,04831,78332,783
1831,48832,22333,223
1931,92832,66333,663
(b) Six hundred dollars shall be paid annually to each classroom teacher who has at least twenty years of teaching experience. Such payments (i) shall be in addition to any amounts prescribed in the "state minimum salary schedule II", (ii) shall be paid in equal monthly installments, and (iii) shall be deemed a part of the state minimum salaries for teachers.
§
18A
-
4
-
4. Minimum salary schedule for teachers having
specialized training.
The state board of education shall establish the minimum salary schedule for teachers where specialized training may be required for vocational, technical and adult education, and such other permits as may be authorized by said board.
On and after the first day of July, one thousand nine hundred eighty-five, any vocational industrial, technical, occupational home economics, or health occupations teacher who is required to hold a vocational certificate and is paid a salary equivalent to the amount prescribed for "A.B. + 15" training classification in the state minimum salary schedule for teachers under section two of this article shall, upon application therefor, receive advanced salary classification and be entitled to increased compensation on and after such date in respect to and based upon additional semester hours, approved by the state board of education and completed either prior to or subsequent to such date. All such hours earned must be from a regionally accredited institution of higher education.
The advanced salary classification shall be as follows:
(1) Those who have earned fifteen such additional semester hours shall receive an amount equal to that prescribed for the "M.A." training classification under section two of this article.
(2) Those who have earned thirty such additional semester hours shall receive an amount equal to that prescribed for the "M.A. + 15" training classification under section two of this article.
(3) Those who have earned forty-five such additional semester hours shall receive an amount equal to that prescribed for the "M.A. + 30" training classification under section two of this article.
(4) Those who have earned sixty such additional semester hours shall receive an amount equal to that prescribed for the "M.A. + 45" training classification under section two of this article.
Any such teacher who has a permanent vocational certificate and who has earned or earns a bachelor's degree prior or subsequent to the issuance of such certificate shall be entitled to receive the amount prescribed for the "M.A. + 30" training classification upon application:
Provided,
That any such teacher who has a permanent vocational certificate and who has earned or earns fifteen graduate hours prior or subsequent to the issuance of such certificate shall be entitled to receive the amount prescribed for the "M.A. + 45" training classification upon application therefor, such advanced salary to take effect immediately upon qualification therefor:
Provided, however,
That any vocational teacher receiving the amount prescribed for the "M.A. + 30" training classification under prior enactments of this section who have not been issued a permanent vocational certificate shall not have such salary reduced as a result of this section:
Provided however
further, That any teacher with a vocational certificate and under contract for the school year one thousand nine hundred eighty-five - eighty-six who has earned a bachelor's degree prior to the end of such school year shall be entitled to receive the amount prescribed for the "M.A. + 30" training classification, upon application therefor, for the school year beginning on the first day of July, one thousand nine hundred eighty-six, and thereafter.
No teacher holding a valid professional certificate shall incur a salary reduction resulting from assignment out of the teacher's field by the superintendent, with the approval of the county board, under any authorization or regulation of the state board.
§
18A
-
4
-
8a. Service personnel minimum monthly salaries.
STATE MINIMUM PAY SCALE PAY GRADE
Years
of
Employment
ABCDEFGH
09509701,0101,0601,1101,1701,2001,270
19729921,0321,0821,1321,1921,2221,292
29941,0141,0541,1041,1541,2141,2441,314
31,0161,0361,0761,1261,1761,2361,2661,336
41,0381,0581,0981,1481,1981,2581,2881,358
51,0601,0801,1201,1701,2201,2801,3101,380
61,0821,1021,1421,1921,2421,3021,3321,402
71,1041,1241,1641,2141,2641,3241,3541,424
81,1261,1461,1861,2361,2861,3461,3761,446
91,1481,1681,2081,2581,3081,3681,3981,468
101,1701,1901,2301,2801,3301,3901,4201,490
111,1921,2121,2521,3021,3521,4121,4421,512
121,2141,2341,2741,3241,3741,4341,4641,534
131,2361,2561,2961,3461,3961,4561,4861,556
141,2581,2781,3181,3681,4181,4781,5081,578
151,2801,3001,3401,3901,4401,5001,5301,600
161,3021,3221,3621,4121,4621,5221,5521,622
171,3241,3441,3841,4341,4841,5441,5741,644
181,3461,3661,4061,4561,5061,5661,5961,666
191,3681,3881,4281,4781,5281,5881,6181,688
201,3901,4101,4501,5001,5501,6101,6401,710
211,4121,4321,4721,5221,5721,6321,6621,732
221,4341,4541,4941,5441,5941,6541,6841,754
231,4561,4761,5161,5661,6161,6761,7061,776
241,4781,4981,5381,5881,6381,6981,7281,798
251,5001,5201,5601,6101,6601,7201,7501,820
261,5221,5421,5821,6321,6821,7421,7721,842
271,5441,5641,6041,6541,7041,7641,7941,864
281,5661,5861,6261,6761,7261,7861,8161,886
291,5881,6081,6481,6981,7481,8081,8381,908
301,6101,6301,6701,7201,7701,8301,8601,930
STATE MINIMUM PAY SCALE PAY GRADE I
Years
of
employ-
ment A B C D E F G H
0 1,010 1,030 1,070 1,120 1,170 1,230 1,260 1,330
1 1,035 1,055 1,095 1,145 1,195 1,255 1,285 1,355
2 1,060 1,080 1,120 1,170 1,220 1,280 1,310 1,380
3 1,085 1,105 1,145 1,195 1,245 1,305 1,335 1,405
4 1,110 1,130 1,170 1,220 1,270 1,330 1,360 1,430
5 1,135 1,155 1,195 1,245 1,295 1,355 1,385 1,455
6 1,160 1,180 1,220 1,270 1,320 1,380 1,410 1,480
7 1,185 1,205 1,245 1,295 1,345 1,405 1,435 1,505
8 1,210 1,230 1,270 1,320 1,370 1,430 1,460 1,530
9 1,235 1,255 1,295 1,345 1,395 1,455 1,485 1,555
10 1,260 1,280 1,320 1,370 1,420 1,480 1,510 1,580
11 1,285 1,305 1,345 1,395 1,445 1,505 1,535 1,605
12 1,310 1,330 1,370 1,420 1,470 1,530 1,560 1,630
13 1,335 1,355 1,395 1,445 1,495 1,555 1,585 1,655
14 1,360 1,380 1,420 1,470 1,520 1,580 1,610 1,680
15 1,385 1,405 1,445 1,495 1,545 1,605 1,635 1,705
16 1,410 1,430 1,470 1,520 1,570 1,630 1,6601,730
171,4351,4551,4951,5451,5951,6551,6851,755
181,4601,4801,5201,5701,6201,6801,7101,780
191,4851,5051,5451,5951,6451,7051,7351,805
201,5101,5301,5701,6201,6701,7301,7601,830
211,5351,5551,5951,6451,6951,7551,7851,855
221,5601,5801,6201,6701,7201,7801,8101,880
231,5851,6051,6451,6951,7451,8051,8351,905
241,6101,6301,6701,7201,7701,8301,8601,930
251,6351,6551,6951,7451,7951,8551,8851,955
261,6601,6801,7201,7701,8201,8801,9101,980
271,6851,7051,7451,7951,8451,9051,9352,005
281,7101,7301,7701,8201,8701,9301,9602,030
291,7351,7551,7951,8451,8951,9551,9852,055
301,7601,7801,8201,8701,9201,9802,010 2,080
CLASS TITLE PAY GRADE
Accountant I D
Accountant II E
Accountant III F
Aide I A
Aide II B
Aide III C
Aide IV D
Audiovisual Technician C
Auditor G
Autism Mentor .................................................E
Braille or Sign Language Specialist ...........................E
Bus Operator D
Buyer F
Cabinetmaker G
Cafeteria Manager D
Carpenter I E
Carpenter II F
Chief Mechanic G
Clerk I B
Clerk II C
Computer Operator E
Cook I A
Cook II B
Cook III C
Crew Leader F
Custodian I A
Custodian II B
Custodian III C
Custodian IV D
Director or Coordinator of Services H
Draftsman D
Electrician I F
Electrician II G
Electronic Technician I F
Electronic Technician II G
Executive Secretary G
Food Services Supervisor G
Foreman G
General Maintenance C
Glazier .......................................................D
Graphic Artist D
Groundsman B
Handyman B
Heating and Air Conditioning Mechanic I E
Heating and Air Conditioning Mechanic II G
Heavy Equipment Operator E
Inventory Supervisor D
Key Punch Operator B
Locksmith G
Lubrication Man C
Machinist F
Mail Clerk D
Maintenance Clerk C
Mason G
Mechanic F
Mechanic Assistant E
Office Equipment Repairman I F
Office Equipment Repairman II G
Painter E
Paraprofessional ..............................................F
Plumber I E
Plumber II G
Printing Operator B
Printing Supervisor D
Programmer H
Roofing/Sheet Metal Mechanic F
Sanitation Plant Operator F
School Bus Supervisor E
Secretary I D
Secretary II E
Secretary III F
Supervisor of Maintenance H
Supervisor of Transportation H
Switchboard Operator-Receptionist D
Truck Driver D
Warehouse Clerk C
Watchman B
Welder F
(1) The minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the "state minimum pay scale pay grade and the minimum monthly pay and the minimum monthly pay for each service employee whose employment is for a period of three and one half hours or less a day shall be at least one-half the amount indicated in the "state minimum pay scale grade" set forth in this section:
Provided,
That On and after the first day of July, one thousand nine hundred ninety-two ninety-four, the minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the "state minimum pay scale pay grade I" as set forth in this section, and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated in the "state minimum pay scale pay grade I" set forth in this section.
Provided,
That upon the effective date of this section through the remainder of the school year one thousand nine hundred ninety-one -- ninety-two, in lieu of the minimum monthly pay scale pay grade for service employees in effect as set forth in this section, each service employee shall be paid such amount as he or she would be due under the provisions of this section over his or her full employment term on the basis of the "state minimum pay scale pay grade." The difference between such amount and any amount already paid to such employee in such school year shall be prorated over such portion of the employees employment term as remains:
Provided, however,
That the state department of education shall notify each service employee that the amounts paid to them for the remainder of their employment term in the school year one thousand nine hundred ninety-one -- ninety-two will be greater than they would normally be due under the minimum monthly pay scale, because of the pro rata distribution, and that their minimum monthly salaries will decrease slightly during the next school year when the salary increase is paid over the full employment term:
Provided further,
That on and after the first day of July, one thousand nine hundred ninety-two, the minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the "state minimum pay scale pay grade" as set forth in this section, and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one half the amount indicated in the "state minimum pay scale pay grade " set forth in this section.
(2) An additional ten dollars per month shall be added to the minimum monthly pay of each service employee who holds a high school diploma or its equivalent.
(3) An additional ten dollars per month shall also be added to the minimum monthly pay of each service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the state board of education.
(4) 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. following, the employee shall be paid no less than an additional ten dollars per month and one half of such pay shall be paid with local funds.
(5) Any service employee required to work on any legal school holiday shall be paid at a rate one and one-half times such employee's usual hourly rate.
(6) 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 such additional hours or fraction thereof at a rate of one and one-half times their usual hourly rate and paid entirely from county board of education funds.
(7) No service employee shall have his or her daily work schedule changed during the school year without such employee's written consent, and such employee's required daily work hours shall not be changed to prevent the payment of time and one-half wages or the employment of another employee.
(8) 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 utilized if the alternate hourly rate of pay is approved both by the county board of education 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 so 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 such an employee were employed on a full-day salary basis.
(9) 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 three dollars per hour or no less than five dollars 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 shall include, but not be 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 thirty dollars 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 utilized 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.
(10) For the purpose of qualifying for additional pay as provided in section eight, article five of this article, 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 certificated professional personnel within the classroom, library, hallway, lunchroom, gymnasium, school building, school grounds or wherever such supervision is required.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§
20-7-1c. Conservation officers, 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 shall be colonel, lieutenant colonel, major, captain, lieutenant, sergeant, conservation officer and conservation officer-in-training. Each such officer while in uniform shall wear the insignia of rank as provided by the chief conservation officer.
(b) Conservation officers shall be paid the minimum annual salaries based on the following schedule:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Conservation Officer-In-Training (first year)$18,617
Conservation Officer (second year)$20,806
Conservation Officer (third year)$21,078
Conservation Officer (fourth year)$21,290
Conservation Officer (after fifth year)$22,868
Conservation Officer (after tenth year)$24,446
Conservation Officer (after fifteenth year)$25,846
Sergeant$29,469
Lieutenant$32,289
Captain$36,675
Major$38,958
Lieutenant Colonel$41,000
Colonel
On and after the first day of July, one thousand nine hundred ninety-four, the annual salary schedule shall be as follows:
Conservation Officer-In-Training (first year)$19,617
Conservation Officer (second year)$21,806
Conservation Officer (third year)$22,078
Conservation Officer (fourth year)$22,290
Conservation Officer (after fifth year)$23,868
Conservation Officer (after tenth year)$25,446
Conservation Officer (after fifteenth year)$26,846
Sergeant$30,469
Lieutenant$33,289
Captain$37,675
Major$39,958
Lieutenant Colonel$42,000
Colonel
Conservation officers in service at the time the amendment to this section becomes effective shall be given credit for prior service and shall be paid such salaries as the same length of service will entitle them to receive under the provisions hereof.
(c) This section shall not apply to special or emergency conservation officers appointed under the authority of section one of this article.
(d) Nothing in this section shall prohibit other pay increases as provided for under section two, article five, chapter five of this code.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 1. COURTS AND OFFICERS.
§
50
-
1
-
3. Salary 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 United States Constitution;
(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 article VI, section 39 of the constitution of the state 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 five hundred in population and the second tier for magistrates serving eight thousand five 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 less than ten thousand in population shall be paid annual salaries of twenty thousand six hundred twenty-five dollars and magistrates who serve ten thousand or more in population shall be paid annual salaries of twenty-seven thousand dollars:
Provided,
That on and after the first day of January, one thousand nine hundred ninety-two, magistrates who serve less than ten thousand in population shall be paid annual salaries of twenty-one thousand six hundred twenty-five dollars and magistrates who serve ten thousand or more in population shall be paid annual salaries of twenty-eight thousand dollars:
Provided, however,
That on and after the first day of January, one thousand nine hundred ninety-three, magistrates Magistrates who serve less than eight thousand five hundred in population shall be paid annual salaries of twenty-three thousand six hundred twenty-five dollars and magistrates who serve eight thousand five hundred or more in population shall be paid annual salaries of thirty thousand dollars:
Provided,
That on and after the first day of January, one thousand nine hundred ninety-five, magistrates who serve less than eight thousand five hundred in population shall be paid annual salaries of twenty-four thousand six hundred twenty-five dollars and magistrates who serve eight thousand five hundred or more in population shall be paid annual salaries of thirty-one thousand dollars.
(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.