ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 2879

(By Mr. Speaker, Mr. Thompson, and Delegate Armstead)

[By Request of the Executive]


[Passed March 12, 2011; in effect from passage]



AN ACT to repeal §18A-4-5c and §18A-4-5d of the Code of West Virginia, 1931, as amended; to amend and reenact §6-7-2a of said code; 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 generally to increasing compensation for certain public officials and public employees.

Be it enacted by the Legislature of West Virginia:
 That §18A-4-5c and §18A-4-5d of the code of West Virginia, 1931, as amended, be repealed; that §6-7-2a of said code be amended and reenacted ; that §15-2-5 of said code be amended and reenacted ; that §18A-4-2, §18A-4-5 and §18A-4-8a of said code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,$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-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 on July 1, 2008, 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$ 2,833 Mo. $ 33,994
Cadet Trooper After Training$ 3,438 Mo. $ 41,258
Trooper Second Year42,266
Trooper Third Year42,649
Senior Trooper43,048
Trooper First Class43,654
Corporal44,260
Sergeant48,561
First Sergeant50,712
Second Lieutenant52,862
First Lieutenant55,013
Captain57,164
Major59,314
Lieutenant Colonel61,465
ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT

SPECIALIST CLASSIFICATION

I42,266
II 43,048
III43,654
IV 44,260
V48,561
VI 50,712
VII52,862
VIII 55,013
ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I42,266
II43,048
III43,654
IV 44,260
V48,561
VI 50,712
VII52,862
VIII 55,013
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, 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.
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 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 43,981 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.
(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, five and eight, article nine-a, chapter eighteen of this code.
(d) Pursuant to this section, each teacher and school service personnel shall receive the amount indicated on the applicable State Equity Supplement Schedule or Pay Scale for 2010-11, maintained by the West Virginia Department of Education, reduced by any amount provided by the county as a salary supplement for teachers and school service personnel on January 1, 1984: Provided, That effective July 1, 2011, the amounts indicated on the State Equity Supplement Pay Scale for service personnel is increased by $37 across-the-board.
(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: Provided, 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.
(f) During its 2011 interim meetings, the Legislative Oversight Commission on Education Accountability shall conduct a study on whether a recommendation should be made to the Legislature for establishing the State Equity Supplement Schedule and the State Equity Supplement Pay Scale in statute.
§18A-4-8a. Service personnel minimum monthly salaries.
(a) The minimum monthly pay for each service employee shall be as follows:
(1) 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 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. Pay Grade
  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.
Pay Grade
  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 2,601
21 2,301 2,321 2,363 2,415 2,466 2,528 2,559 2,634
22 2,333 2,354 2,395 2,447 2,498 2,561 2,593 2,666
23 2,365 2,386 2,427 2,479 2,531 2,594 2,625 2,699
24 2,397 2,418 2,459 2,511 2,563 2,627 2,658 2,732
25 2,429 2,450 2,491 2,543 2,596 2,659 2,691 2,764
26 2,461 2,482 2,523 2,576 2,629 2,692 2,723 2,797
27 2,493 2,514 2,555 2,608 2,661 2,724 2,756 2,829
28 2,525 2,546 2,588 2,641 2,694 2,757 2,789 2,863
29 2,557 2,579 2,621 2,673 2,726 2,790 2,821 2,896
30 2,591 2,611 2,654 2,706 2,759 2,822 2,854 2,928
31 2,623 2,644 2,687 2,739 2,792 2,855 2,887 2,961
32 2,656 2,676 2,719 2,772 2,824 2,888 2,919 2,994
33 2,689 2,709 2,752 2,805 2,857 2,920 2,953 3,026
34 2,721 2,743 2,785 2,838 2,890 2,954 2,986 3,059
35 2,754 2,775 2,817 2,870 2,923 2,987 3,018 3,092
36 2,787 2,808 2,850 2,903 2,956 3,019 3,051 3,124
37 2,819 2,841 2,883 2,936 2,989 3,052 3,083 3,157
38 2,852 2,873 2,915 2,968 3,021 3,084 3,116 3,190
39 2,885 2,906 2,948 3,001 3,054 3,117 3,149 3,222
40 2,917 2,939 2,980 3,033 3,087 3,150 3,181 3,256

(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 TITLE
PAY GRADE

Accountant ID
Accountant IIE
Accountant 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, 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
Beginning July 1, 2011, and continuing thereafter, 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)$31,222
Natural Resources Police Officer (second year)$34,881
Natural Resources Police Officer (third year)$35,277
Senior Natural Resources Police Officer (fourth and
fifth year)$35,601
Senior Natural Resources Police Officer First Class
(after fifth year)$37,797
Senior Natural Resources Police Officer (after tenth
year)$38,397
Senior Natural Resources Police Officer (after
fifteenth year)$38,833
Corporal (after sixteenth year)$42,105
Sergeant$46,401
First Sergeant$48,549
Lieutenant$52,857
Captain$55,005
Major$57,153
Lieutenant Colonel$59,301
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 the same length of service 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.