Senate Bill No. 709
(By Senators Craigo, Anderson, Bailey, Bowman, Chafin, Edgell,
Helmick, Jackson, Love, Plymale, Prezioso, Sharpe, Unger, Walker,
Sprouse, Boley and Minear)
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[Originating in the Committee on Finance;
reported March 9, 1999.]
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A BILL to amend and reenact section three, article one, chapter
five-f of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact section two- a, article seven, chapter six of said code, all relating to
providing salary increases to certain state officials.
Be it enacted by the Legislature of West Virginia:
That section three, article one, chapter five-f of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; and that section two-a, article seven,
chapter six of said code be amended and reenacted, all to read as
follows:
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH
OF STATE GOVERNMENT.
ARTICLE 1. GENERAL PROVISIONS.
§5F-1-3. Oath; bond; compensation.
(a) Each person appointed to serve as a secretary shall take
the oath or affirmation prescribed by section five, article four of
the constitution, and such oath shall be certified by the person
who administers the same and filed in the office of the secretary
of state.
(b) Each person so appointed shall give bond in the penalty of
twenty-five thousand dollars conditioned for the faithful
performance of the duties of the office, which bond shall be
approved by the attorney general as to form and by the governor as
to sufficiency. The surety of such bond may be a bonding or surety
company, in which case the premium shall be paid out of the
appropriation made for the administration of the department.
(c) Each secretary shall receive a salary of seventy thousand
dollars per year:
Provided, That the secretary for the department
of health and human resources shall receive a salary of eighty-five
thousand.
(d) The salary and expenses necessary for each secretary and
all expenditures for personal services for the office of secretary shall be paid from and within existing appropriations made to the
agencies and boards transferred to the department headed by that
secretary, and revised expenditure schedules shall be submitted to
the commissioner of finance and administration and the legislative
auditor stating the amount and source of funds to be expended:
Provided, That for fiscal years beginning the first day of July,
one thousand nine hundred eighty-nine, such amounts shall follow
the procedures described in chapter five-a of this code.
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2a. Terms of certain appointive state officers; appointment; qualifications; powers and salaries of such officers.
(a) Notwithstanding any other provision of this code to the
contrary enacted prior to the first day of January, one thousand
nine hundred ninety-four, 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 such appointive state officers shall serve 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 such appointive state
officers shall hereafter be subject to the existing qualifications
for holding each such respective office and each shall have 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 such office.
Beginning on the first day of July, one thousand nine hundred
ninety-four ninety-nine, the annual salary of each such named
appointive state officer shall be as follows:
Administrator, division of highways,
sixty-five eighty-five
thousand dollars; administrator, division of health, fifty-seven
thousand two hundred dollars; administrator, division of human
services, forty-seven thousand eight hundred dollars;
administrator, state tax division, forty-nine thousand nine hundred
dollars; administrator, division of energy, sixty-five thousand
dollars; administrator, division of corrections,
fifty-five seventy
thousand dollars; administrator, division of natural resources,
sixty-five thousand dollars; administrator, division of public
safety, sixty thousand dollars; administrator, lottery division,
sixty seventy thousand dollars; director, public employees
insurance agency,
fifty-five seventy thousand dollars;
administrator, division of banking, fifty-five thousand dollars;
administrator, division of insurance, fifty-five thousand dollars;
administrator, division of culture and history, fifty thousand
dollars; administrator, alcohol beverage control commission, sixty thousand dollars; administrator, division of motor vehicles,
fifty-five seventy thousand dollars; director, division of
personnel, fifty thousand dollars; adjutant general,
fifty seventy
thousand dollars; chairman, health care cost review authority,
fifty-five thousand dollars; members, health care cost review
authority, fifty-one thousand two hundred dollars; director, human
rights commission, forty thousand dollars; administrator, division
of labor, fifty-five thousand dollars; administrator, division of
veterans affairs, forty thousand dollars; administrator, division
of emergency services, forty thousand dollars; members, board of
parole, forty thousand dollars; members, employment security review
board, seventeen thousand dollars; members, workers' compensation
appeal board, seventeen thousand eight hundred dollars.
Prior to the first day of July, one thousand nine hundred
ninety-four, each of the aforesaid officers shall continue to
receive the annual salaries they were receiving as of the last day
of December, one thousand nine hundred ninety-three.
(b) Notwithstanding any other provisions of this code to the
contrary enacted prior to the first day of January, one thousand
nine hundred ninety-four, each of the state officers named in this
subsection shall continue to be appointed in the manner prescribed
in this code, and, prior to the first day of July, one thousand nine hundred ninety-four, each of the state officers named in this
subsection shall continue to receive the annual salaries they were
receiving as of the last day of December, one thousand nine hundred
ninety-three, and shall thereafter be paid an annual salary as
follows: Administrator, division of risk and insurance management,
fifty thousand dollars; director, division of rehabilitation
services, fifty-five thousand dollars; executive director,
educational broadcasting authority, fifty-five thousand dollars;
secretary, library commission, forty-seven thousand five hundred
dollars; director, geologic and economic survey, forty-seven
thousand five hundred dollars; executive director, water
development authority, fifty-four thousand two hundred dollars;
executive director, public defender services, fifty-five thousand
dollars; director, commission on aging, forty thousand dollars;
commissioner, oil and gas conservation commission, forty thousand
dollars; director, farm management commission, thirty-two thousand
five hundred dollars; director, railroad maintenance authority,
fifty thousand dollars; executive secretary, women's commission,
thirty thousand one hundred dollars; director, regional jail
authority,
fifty-five seventy thousand dollars; director, hospital
finance authority, twenty-five thousand eight hundred dollars.
(c) No increase in the salary of any appointive state officer pursuant to this section shall be paid until and unless such
appointive state officer shall have 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 such form to the affected spending
units:
Provided, That no decrease in salary shall be effective for
any current appointive state officer appointed prior to the first
day of January, one thousand nine hundred eighty-nine:
Provided,
however, That such decreases shall take effect at such time as any
appointive office is vacated:
Provided further, That the increase
provided for the state superintendent of schools enacted during the
regular session, one thousand nine hundred ninety-four, should not
become effective until the first day of January, one thousand nine
hundred ninety-seven.