SB600 SUB1
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 600
(By Senators Bowman and Kessler)
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[Originating in the Committee on Government Organization;
reported February 24, 2010.]
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A BILL to amend and reenact §6-7-2a of the Code of West Virginia,
1931, as amended, relating to salaries of appointive state
officers; setting a salary range for the Lottery Director and
the Adjutant General; and allowing the Governor to determine
the salary.
Be it enacted by the Legislature of West Virginia:
That §6-7-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
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,
between $92,500
and $115,000, as determined by the Governor;
Director, Division of Homeland Security and Emergency Management,
$65,000; and Adjutant General,
between $92,500
and $115,000, as
determined by the Governor.
(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.