FISCAL NOTE
Date Requested: January 24, 2024
Time Requested: 12:56 PM |
| Agency: |
Education, WV Department of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 2987 |
Introduced |
HB5059 |
|
|---|
| CBD Subject: |
|
|---|
|
FUND(S):
N/A
Sources of Revenue:
Other Fund County Funded
Legislation creates:
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
This legislation, in its current form, does not have any fiscal impact on the State under the Public School Support Plan (PSSP); however, there is an anticipated cost to county boards of education that will be incurred by standardizing the workday for service personnel. Unfortunately, WVDE does not currently have the data necessary to assist with determining the potential costs to county boards of education.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2024
Increase/Decrease
(use"-") |
2025
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
0 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
This legislation, in its current form, has no fiscal impact for the State; however, there is an anticipated cost to county boards of education, but the cost is indeterminable at this time. The West Virginia Department of Education (WVDE) believes the intent is to standardize a workday for all classifications of service personnel. The county boards of education currently have the statutory authority to define the workday of service personnel for their district including the ability to vary the number of hours in a workday among specific classifications of employees within the district. The provisions of this legislation eliminate the county boards of education’s discretion and standardize a workday for all service personnel statewide. County boards of education with service personnel employed at less than an 8-hour workday will be required to bear the additional cost associated with increasing compensated work hours. Further, county boards of education could see increased overtime costs due to the proposed legislation. Unfortunately, WVDE does not have the data necessary to accurately estimate the potential costs to county boards of education required to meet the requirements of this legislation.
Memorandum
A review of the proposed changes to W. Va. Code §18-4-8(m)(2) appears to ensure that the workday standardization does not conflict with the language of the current regulating statute; however, WVDE does not believe that changing the statute is necessary because Fair Labor Standards Act compliance means that there should not be any service personnel with a current full-day workday exceeding 8 hours or a half-day workday exceeding 4 hours. The strike-through of W. Va. Code §18-4-8(p) has no fiscal impact on the WVDE.
Person submitting Fiscal Note: Uriah Cummings
Email Address: Uriah.Cummings@k12.wv.us