Senate Bill No. 534
(By Senator Bailey)
____________
[Introduced February 9, 2007; referred to the Committee on
Education; and then to the Committee on Finance.]
____________
A BILL to amend and reenact §18A-4-8a of the Code of West Virginia,
1931, as amended, relating to providing a minimum hourly rate
of pay for extracurricular assignments for school service
personnel.
Be it enacted by the Legislature of West Virginia:
That §18A-4-8a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8a. Service personnel minimum monthly salaries.
(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 I 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 beginning on the first day of the second
quarter of the service employee's employment term in the school
year two thousand five-two thousand six, 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 II 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 II set forth in this section: Provided, however, That
any salary increase that a service employee is entitled to receive
as a result of the enactment of the State Minimum Pay Scale Pay
Grade II shall not be paid until the first pay date after the first
day of November, two thousand five.
STATE MINIMUM PAY SCALE PAY GRADE I
Years of
EmploymentPay Grade
A B C D E F G H
0
|
1,366
|
1,386
|
1,426
|
1,476
|
1,526
|
1,586
|
1,616
|
1,686
|
1
|
1,397
|
1,417
|
1,457
|
1,507
|
1,557
|
1,617
|
1,647
|
1,717
|
2
|
1,428
|
1,448
|
1,488
|
1,538
|
1,588
|
1,648
|
1,678
|
1,748
|
3
|
1,459
|
1,479
|
1,519
|
1,569
|
1,619
|
1,679
|
1,709
|
1,779
|
4
|
1,490
|
1,510
|
1,550
|
1,600
|
1,650
|
1,710
|
1,740
|
1,810
|
5
|
1,521
|
1,541
|
1,581
|
1,631
|
1,681
|
1,741
|
1,771
|
1,841
|
6
|
1,552
|
1,572
|
1,612
|
1,662
|
1,712
|
1,772
|
1,802
|
1,872
|
7
|
1,583
|
1,603
|
1,643
|
1,693
|
1,743
|
1,803
|
1,833
|
1,903
|
8
|
1,614
|
1,634
|
1,674
|
1,724
|
1,774
|
1,834
|
1,864
|
1,934
|
9
|
1,645
|
1,665
|
1,705
|
1,755
|
1,805
|
1,865
|
1,895
|
1,965
|
10
|
1,676
|
1,696
|
1,736
|
1,786
|
1,836
|
1,896
|
1,926
|
1,996
|
11
|
1,707
|
1,727
|
1,767
|
1,817
|
1,867
|
1,927
|
1,957
|
2,027
|
12
|
1,738
|
1,758
|
1,798
|
1,848
|
1,898
|
1,958
|
1,988
|
2,058
|
13
|
1,769
|
1,789
|
1,829
|
1,879
|
1,929
|
1,989
|
2,019
|
2,089
|
14
|
1,800
|
1,820
|
1,860
|
1,910
|
1,960
|
2,020
|
2,050
|
2,120
|
15
|
1,831
|
1,851
|
1,891
|
1,941
|
1,991
|
2,051
|
2,081
|
2,151
|
16
|
1,862
|
1,882
|
1,922
|
1,972
|
2,022
|
2,082
|
2,112
|
2,182
|
17
|
1,893
|
1,913
|
1,953
|
2,003
|
2,053
|
2,113
|
2,143
|
2,213
|
18
|
1,924
|
1,944
|
1,984
|
2,034
|
2,084
|
2,144
|
2,174
|
2,244
|
19
|
1,955
|
1,975
|
2,015
|
2,065
|
2,115
|
2,175
|
2,205
|
2,275
|
20
|
1,986
|
2,006
|
2,046
|
2,096
|
2,146
|
2,206
|
2,236
|
2,306
|
21
|
2,017
|
2,037
|
2,077
|
2,127
|
2,177
|
2,237
|
2,267
|
2,337
|
22
|
2,048
|
2,068
|
2,108
|
2,158
|
2,208
|
2,268
|
2,298
|
2,368
|
23
|
2,079
|
2,099
|
2,139
|
2,189
|
2,239
|
2,299
|
2,329
|
2,399
|
24
|
2,110
|
2,130
|
2,170
|
2,220
|
2,270
|
2,330
|
2,360
|
2,430
|
25
|
2,141
|
2,161
|
2,201
|
2,251
|
2,301
|
2,361
|
2,391
|
2,461
|
26
|
2,172
|
2,192
|
2,232
|
2,282
|
2,332
|
2,392
|
2,422
|
2,492
|
27
|
2,203
|
2,223
|
2,263
|
2,313
|
2,363
|
2,423
|
2,453
|
2,523
|
28
|
2,234
|
2,254
|
2,294
|
2,344
|
2,394
|
2,454
|
2,484
|
2,554
|
29
|
2,265
|
2,285
|
2,325
|
2,375
|
2,425
|
2,485
|
2,515
|
2,585
|
30
|
2,296
|
2,316
|
2,356
|
2,406
|
2,456
|
2,516
|
2,546
|
2,616
|
31
|
2,327
|
2,347
|
2,387
|
2,437
|
2,487
|
2,547
|
2,577
|
2,647
|
32
|
2,358
|
2,378
|
2,418
|
2,468
|
2,518
|
2,578
|
2,608
|
2,678
|
33
|
2,389
|
2,409
|
2,449
|
2,499
|
2,549
|
2,609
|
2,639
|
2,709
|
34
|
2,420
|
2,440
|
2,480
|
2,530
|
2,580
|
2,640
|
2,670
|
2,740
|
35
|
2,451
|
2,471
|
2,511
|
2,561
|
2,611
|
2,671
|
2,701
|
2,771
|
36
|
2,482
|
2,502
|
2,542
|
2,592
|
2,642
|
2,702
|
2,732
|
2,802
|
37
|
2,513
|
2,533
|
2,573
|
2,623
|
2,673
|
2,733
|
2,763
|
2,833
|
38
|
2,544
|
2,564
|
2,604
|
2,654
|
2,704
|
2,764
|
2,794
|
2,864
|
39
|
2,575
|
2,595
|
2,635
|
2,685
|
2,735
|
2,795
|
2,825
|
2,895
|
40
|
2,606
|
2,626
|
2,666
|
2,716
|
2,766
|
2,826
|
2,856
|
2,926
|
STATE MINIMUM PAY SCALE PAY GRADE II
Years of
EmploymentPay Grade
A B C D E F G H
0
|
1,456
|
1,476
|
1,516
|
1,566
|
1,616
|
1,676
|
1,706
|
1,776
|
1
|
1,487
|
1,507
|
1,547
|
1,597
|
1,647
|
1,707
|
1,737
|
1,807
|
2
|
1,518
|
1,538
|
1,578
|
1,628
|
1,678
|
1,738
|
1,768
|
1,838
|
3
|
1,549
|
1,569
|
1,609
|
1,659
|
1,709
|
1,769
|
1,799
|
1,869
|
4
|
1,580
|
1,600
|
1,640
|
1,690
|
1,740
|
1,800
|
1,830
|
1,900
|
5
|
1,611
|
1,631
|
1,671
|
1,721
|
1,771
|
1,831
|
1,861
|
1,931
|
6
|
1,642
|
1,662
|
1,702
|
1,752
|
1,802
|
1,862
|
1,892
|
1,962
|
7
|
1,673
|
1,693
|
1,733
|
1,783
|
1,833
|
1,893
|
1,923
|
1,993
|
8
|
1,704
|
1,724
|
1,764
|
1,814
|
1,864
|
1,924
|
1,954
|
2,024
|
9
|
1,735
|
1,755
|
1,795
|
1,845
|
1,895
|
1,955
|
1,985
|
2,055
|
10
|
1,766
|
1,786
|
1,826
|
1,876
|
1,926
|
1,986
|
2,016
|
2,086
|
11
|
1,797
|
1,817
|
1,857
|
1,907
|
1,957
|
2,017
|
2,047
|
2,117
|
12
|
1,828
|
1,848
|
1,888
|
1,938
|
1,988
|
2,048
|
2,078
|
2,148
|
13
|
1,859
|
1,879
|
1,919
|
1,969
|
2,019
|
2,079
|
2,109
|
2,179
|
14
|
1,890
|
1,910
|
1,950
|
2,000
|
2,050
|
2,110
|
2,140
|
2,210
|
15
|
1,921
|
1,941
|
1,981
|
2,031
|
2,081
|
2,141
|
2,171
|
2,241
|
16
|
1,952
|
1,972
|
2,012
|
2,062
|
2,112
|
2,172
|
2,202
|
2,272
|
17
|
1,983
|
2,003
|
2,043
|
2,093
|
2,143
|
2,203
|
2,233
|
2,303
|
18
|
2,014
|
2,034
|
2,074
|
2,124
|
2,174
|
2,234
|
2,264
|
2,334
|
19
|
2,045
|
2,065
|
2,105
|
2,155
|
2,205
|
2,265
|
2,295
|
2,365
|
20
|
2,076
|
2,096
|
2,136
|
2,186
|
2,236
|
2,296
|
2,326
|
2,396
|
21
|
2,107
|
2,127
|
2,167
|
2,217
|
2,267
|
2,327
|
2,357
|
2,427
|
22
|
2,138
|
2,158
|
2,198
|
2,248
|
2,298
|
2,358
|
2,388
|
2,458
|
23
|
2,169
|
2,189
|
2,229
|
2,279
|
2,329
|
2,389
|
2,419
|
2,489
|
24
|
2,200
|
2,220
|
2,260
|
2,310
|
2,360
|
2,420
|
2,450
|
2,520
|
25
|
2,231
|
2,251
|
2,291
|
2,341
|
2,391
|
2,451
|
2,481
|
2,551
|
26
|
2,262
|
2,282
|
2,322
|
2,372
|
2,422
|
2,482
|
2,512
|
2,582
|
27
|
2,293
|
2,313
|
2,353
|
2,403
|
2,453
|
2,513
|
2,543
|
2,613
|
28
|
2,324
|
2,344
|
2,384
|
2,434
|
2,484
|
2,544
|
2,574
|
2,644
|
29
|
2,355
|
2,375
|
2,415
|
2,465
|
2,515
|
2,575
|
2,605
|
2,675
|
30
|
2,386
|
2,406
|
2,446
|
2,496
|
2,546
|
2,606
|
2,636
|
2,706
|
31
|
2,417
|
2,437
|
2,477
|
2,527
|
2,577
|
2,637
|
2,667
|
2,737
|
32
|
2,448
|
2,468
|
2,508
|
2,558
|
2,608
|
2,668
|
2,698
|
2,768
|
33
|
2,479
|
2,499
|
2,539
|
2,589
|
2,639
|
2,699
|
2,729
|
2,799
|
34
|
2,510
|
2,530
|
2,570
|
2,620
|
2,670
|
2,730
|
2,760
|
2,830
|
35
|
2,541
|
2,561
|
2,601
|
2,651
|
2,701
|
2,761
|
2,791
|
2,861
|
36
|
2,572
|
2,592
|
2,632
|
2,682
|
2,732
|
2,792
|
2,822
|
2,892
|
37
|
2,603
|
2,623
|
2,663
|
2,713
|
2,763
|
2,823
|
2,853
|
2,923
|
38
|
2,634
|
2,654
|
2,694
|
2,744
|
2,794
|
2,854
|
2,884
|
2,954
|
39
|
2,665
|
2,685
|
2,725
|
2,775
|
2,825
|
2,885
|
2,915
|
2,985
|
40
|
2,696
|
2,716
|
2,756
|
2,806
|
2,856
|
2,916
|
2,946
|
3,016
|
CLASS TITLEPAY GRADE
Accountant ID
Accountant IIE
Accountant IIIF
Accounts Payable SupervisorG
Aide IA
Aide IIB
Aide IIIC
Aide IVD
Audiovisual TechnicianC
AuditorG
Autism MentorE
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
LocksmithG
Lubrication ManC
MachinistF
Mail ClerkD
Maintenance Clerk C
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 OperatorF
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
(2) An additional twelve 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) Until the first day of July, two thousand two, an
additional ten dollars per month also shall be added to the minimum
monthly pay of each service employee for each of the following, and
beginning the first day of July, two thousand two, the ten dollars
per month shall be increased to an additional eleven dollars per
month for each of subdivisions (A) through (J), inclusive, of this
subsection only and beginning the first day of July, two thousand
two, the ten dollars per month shall be increased to an additional
forty dollars per month for each of subdivisions (K) through (N),
inclusive, of this subsection only:
(A) A service employee who holds twelve college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(B) 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;
(C) 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;
(D) 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;
(E) A service employee who holds sixty college hours or
comparable credit obtained in a trade or vocational school as
approved by the state board;
(F) 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;
(G) 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;
(H) 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;
(I) 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;
(J) 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;
(K) A service employee who holds an associate's degree;
(L) A service employee who holds a bachelor's degree;
(M) A service employee who holds a master's degree;
(N) A service employee who holds a doctorate degree.
(4) Effective the first day of July, two thousand two, an
additional eleven dollars per month shall be added to the minimum
monthly pay of each service employee for each of the following:
(A) A service employee who holds a bachelor's degree plus
fifteen college hours;
(B) A service employee who holds a master's degree plus
fifteen college hours;
(C) A service employee who holds a master's degree plus thirty
college hours;
(D) A service employee who holds a master's degree plus
forty-five college hours; and
(E) A service employee who holds a master's degree plus sixty
college hours.
(5) 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 ten dollars per month and one half of the pay shall be paid with local funds.
(6) 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.
(7) 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.
(8) 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.
(9) The minimum hourly rate of pay for extracurricular
assignments as defined in section sixteen 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 extracurricular
assignments within a particular category of employment may be
utilized 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
extracurricular 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.
(9) (10) 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
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.
(10) (11) 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 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
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.
(11) (12) 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 certificated
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 certificated professional personnel" means
that certificated professional personnel is present, with and
accompanying the aide.
NOTE: The purpose of this bill is to provide a minimum hourly
rate of pay for extracurricular assignments for school service
personnel.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.