WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
ENROLLED
House Bill 5056
BY DELEGATES TONEY, STATLER, BURKHAMMER, AND
ELLINGTON
[Passed March 6, 2024; in effect ninety days from passage.]
 Enr HB 5056
1 AN ACT to amend and reenact §18A-4-8h of the Code of West Virginia, 1931, as amended,
2 relating to allowing for service personnel to serve as substitute workers under certain
3 conditions.
Be it enacted by the Legislature of West Virginia:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8h. Limitation on number of school service personnel positions to be held by an employee.
1 (a) Upon the effective date of this section, no school service personnel shall be permitted
2 to become employed in more than one regular full-day position, nor more than two one-half day
3 positions at the same time: Provided, That nothing herein shall be construed to prohibit a school
4 service personnel from holding an extracurricular assignment or assignments, as provided in
5 section sixteen of this article, or summer positions, as provided in section thirty-nine, article five,
6 chapter eighteen of this code, nor from performing extra-duty assignments, as provided in section
7 eight-b of this article, in addition to his or her regular position.
8 (b) Due to the shortages of substitutes in service personnel positions, a service personnel
9 may substitute on a day-to-day basis in a position outside of their regular full-time position:
10 Provided, That a service personnel may not substitute in another position if:
11 (a) A qualified substitute is available to fill the shift;
12 (b) The shift interferes with their regular duties and or responsibilities; and
13 (c) The service personnel assuming the shift is not properly certified and trained for that
14 position.
1
Enr HB 5056
The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
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Clerk of the House of Delegates
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Clerk of the Senate Originated in the House of Delegates.
In effect ninety days from passage.
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Speaker of the House of Delegates
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President of the Senate __________
The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2024.
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Governor
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Statutes affected:
Introduced Version: 18A-4-8h
Enrolled Version: 18A-4-8h