ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 514
(By Senators Kessler, Bailey, Sharpe, Oliverio, Yoder, Unger and
Love)
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[Originating in the Committee on the Judiciary;
reported April 4, 2005.]
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A BILL to amend and reenact §6-7-2 of the Code of West Virginia,
1931, as amended;
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 the
salaries of the Governor, Attorney General, State Treasurer,
State Auditor, Secretary of Agriculture, Secretary of State,
Supreme Court Justices, judges of circuit courts and family
court judges; and effective dates.
Be it enacted by the Legislature of West Virginia:
That §6-7-2 of the Code of West Virginia, 1931, as amended
, 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.
§6-7-2. Salaries of certain state officers.
(a) The salaries for each of the state constitutional officers
are as follows:
(1) The salary of the Governor is ninety thousand dollars per
year;
(2) The salary of the Attorney General is seventy-five
thousand dollars per year;
(3) The salary of the Auditor is seventy thousand dollars per
year;
(4) The salary of the Secretary of State is sixty-five
thousand dollars per year;
(5) The salary of the Commissioner of Agriculture is seventy
thousand dollars per year; and
(6) The salary of the State Treasurer is seventy thousand
dollars per year.
(b) (a) Beginning in the calendar year two thousand five, and
for each calendar year thereafter, salaries for each of the state
constitutional officers shall be as follows:
(1) The salary of the Governor shall be ninety-five thousand
dollars per year;
(2) The salary of the Attorney General shall be eighty
thousand dollars per year;
(3) The salary of the Auditor shall be seventy-five thousand
dollars per year;
(4) The salary of the Secretary of State shall be seventy
thousand dollars per year;
(5) The salary of the Commissioner of Agriculture shall be seventy-five thousand dollars per year; and
(6) The salary of the State Treasurer shall be seventy-five
thousand dollars per year.
(b) Notwithstanding the provisions of subsection (a) of this
section, beginning in the calendar year two thousand nine, and for
each calendar year thereafter, salaries for each of the state
constitutional officers shall be as follows:
(1) The salary of the Governor shall be one hundred fifty
thousand dollars per year;
(2) The salary of the Attorney General shall be one hundred
five thousand dollars per year;
(3) The salary of the Auditor shall be ninety-five thousand
dollars per year;
(4) The salary of the Secretary of State shall be ninety-five
thousand dollars per year;
(5) The salary of the Commissioner of Agriculture shall be
ninety-five thousand dollars per year; and
(6) The salary of the State Treasurer shall be ninety-five
thousand dollars per year.
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
seventy-two ninety-five thousand dollars per year:
Provided, That beginning the first day of
January July, one
thousand nine hundred ninety-five two thousand five, the salary of
each of the Justices of the Supreme Court shall be
eighty-five one hundred twenty-one thousand dollars per year.
Provided, however,
That beginning the first day of July, one thousand nine hundred
ninety-nine, the salary of each of the justices of the supreme
court shall be ninety-five thousand dollars per year.
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
sixty-five
ninety thousand dollars per year:
Provided, That beginning the
first day of
January July, one thousand nine hundred ninety-five
two thousand five, the annual salary of all circuit judges shall be
eighty one hundred sixteen thousand dollars per year.
Provided,
however, That beginning the first day of July, one thousand nine
hundred ninety-nine, the annual salary of all circuit judges shall
be ninety thousand dollars per year.
ARTICLE 2A. FAMILY COURTS.
§51-2A-6. Compensation and expenses of family court judges and
their staffs.
(a)
Until the thirty-first day of December, two thousand two,
a family court judge is entitled to receive as compensation for his
or her services an annual salary of sixty thousand dollars.
Beginning the first day of January, two thousand three, A family
court judge is entitled to receive as compensation for his or her
services an annual salary of sixty-two thousand five hundred dollars:
Provided, That beginning the first day of July, two
thousand five, a family court judge is entitled to receive as
compensation for his or her services an annual salary of seventy-
five thousand five hundred dollars.
(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 twenty-five thousand three
hundred thirty-two dollars. In addition, any person employed as a
secretary-clerk to a family
law master court judge on the effective
date of the enactment of this section during the sixth
extraordinary session of the Legislature in the year two thousand
one who is receiving an additional five hundred dollars 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 one thousand nine hundred ninety-nine shall continue to
receive such additional amount. Further, the secretary-clerk will
receive such percentage or proportional salary increases as may be
provided
for by general law for other public employees and is
entitled to receive the annual incremental salary increase as
provided
for 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 thirty-six thousand sixty dollars. The family case coordinator will receive such
percentage or proportional salary increases as may be provided
for
by general law for other public employees and is entitled to
receive the annual incremental salary increase as provided
for 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.