H. B. 413
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced September 7, 2005; referred to the
Committee on Finance.]
A BILL to amend and reenact §6-7-2a of the Code of West Virginia,
1931, as amended; to amend and reenact §15-2-5 of said code;
to amend and reenact §19-23-4 of said code; and to amend and
reenact §24-1-3 of said code, all relating generally to
salaries of state officials; providing a Senior Executive
Service Salary Schedule for certain state officials; relating
to an increase in the annual base salary of all sworn state
police personnel; relating to salaries for members of the
Racing Commission; and relating to salaries of the members of
the Public Service Commission.
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; that §15-2-5 of said code be amended and
reenacted; that §19-23-4 of said code be amended and reenacted; and
that §24-1-3 of said code be amended and reenacted, all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2a. 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 the first day of July, two thousand one, 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 two thousand one, 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 The appointive state officers subject to this subsection
are as follows:
Administrator Commissioner, Division of Highways;
ninety
thousand dollars administrator Commissioner, State Tax Division;
sixty-five thousand dollars administrator Commissioner, Division of
Corrections;
seventy-five thousand dollars administrator Director,
Division of Natural Resources;
seventy thousand dollars
Superintendent, State Police;
seventy-five thousand dollars
administrator Director, Lottery
Commission; division, seventy-five
thousand dollars Director, Public Employees Insurance Agency;
seventy-five thousand dollars administrator Commissioner, Division
of Banking;
sixty thousand dollars administrator, division of
Commissioner, Insurance
Commission; sixty thousand dollars
administrator Commissioner, Division of Culture and History;
fifty-five thousand dollars administrator Commissioner, Alcohol
Beverage Control Commission;
seventy thousand dollars administrator
Commissioner, Division of Motor Vehicles;
seventy thousand dollars
Director, Division of Personnel;
fifty-five thousand dollars
Adjutant General;
seventy-five thousand dollars Chairman, Health
Care Authority;
seventy thousand dollars members, Health Care
Authority;
sixty thousand dollars Director, Human Rights
Commission;
forty-five thousand dollars administrator Commissioner,
Division of Labor;
sixty thousand dollars administrator Director,
Division of Veterans' Affairs;
forty-five thousand dollars
administrator Director, Division of
Homeland Security and Emergency
services Management; forty-five thousand dollars members, Board of Parole;
forty-five thousand dollars members, Employment Security
Review Board; seventeen thousand dollars members, workers'
compensation appeal board, seventeen thousand eight hundred dollars
administrator Commissioner, Bureau of Employment Programs;
seventy
thousand dollars; administrator, bureau of commerce, seventy
thousand dollars; administrator, bureau of environment, seventy
thousand dollars and Director, Office of Miner's Health, Safety and
Training;
sixty-five thousand dollars; Secretaries of the
departments shall be paid an annual salary as follows: Secretary,
Department of Health and Human Resources;
ninety thousand dollars
Secretary, Department of Transportation;
seventy-five thousand
dollars Secretary, Department of
tax and Revenue;
seventy-five
thousand dollars Secretary, Department of Military Affairs and
Public Safety;
seventy-five thousand dollars Secretary, Department
of Administration;
seventy-five thousand dollars Secretary,
Department of Education and the Arts;
seventy-five thousand dollars
Secretary, Department of Commerce; and Secretary, Department of and
Environmental Protection.
seventy-five thousand dollars
(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 the first day of July, two thousand two, 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 two thousand two, and shall thereafter, notwithstanding any other provision of this code to the
contrary, be paid an annual salary as follows:
Administrator, division Director, Board of Risk and Insurance
Management;
fifty-five thousand dollars Director, Division of
Rehabilitation Services;
sixty thousand dollars Executive Director,
Educational Broadcasting Authority;
sixty thousand dollars
Secretary, Library Commission;
sixty-seven thousand dollars
Director, Geological and Economic Survey;
fifty-two thousand five
hundred dollars Executive Director, Prosecuting Attorneys
Institute;
sixty thousand dollars Executive Director, Public
Defender Services;
sixty thousand dollars Commissioner, Bureau of
Senior Services;
seventy thousand dollars Director, State Rail
Authority;
fifty-five thousand dollars Executive Secretary, Women's
Commission;
thirty-one thousand dollars Director, Hospital Finance
Authority;
twenty-six thousand dollars Director, Forestry Division;
Director, Division of Juvenile Services; Executive Director,
Regional Jail Authority; Commissioner, Oil and Gas Conservation
Commission; and Director, Division of Protective Services. member,
racing commission, twelve thousand dollars; chairman, public
service commission, seventy thousand dollars; and members, public
service commission, seventy thousand dollars
(c) 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.
(d) Any tenured or classified state employee who assumes the
duties of any of the positions subject to the Senior Executive
Service Salary Schedule provided in subsection (e) on an "acting"
or "interim" basis and receives an increase in salary shall have
their salary reduced by an equal amount upon relinquishing such
position: Provided, That any employee assuming such "acting" or
"interim" assignment shall be entitled, upon completion of such
assignment, to any general salary increase provided and received by
state employee incumbents occupying the same job class held by the
tenured or classified employee prior to the "acting" or "interim"
assignment.
(e) Each state officer named in subsections (a) and (b) of
this section shall continue to receive the annual salaries they
were receiving as of the effective date of the enactment of this
section in the year two thousand five, and shall thereafter,
notwithstanding any other provision of this code to the contrary,
be subject to the following Senior Executive Service Salary
Schedule and shall be paid an annual salary within the salary range as designated for that position by the Governor:
Senior Executive Service Salary Schedule
|
Pay-
grad
e
|
Minimu
m
|
Maximum
|
Position
|
|
E1
|
26,000
|
40,000
|
Executive Secretary, Women's Commission
Director, Hospital Finance Authority
|
|
E2
|
45,000
|
60,000
|
Director, Division of Veterans Affairs
Director, Human Rights Commission
Director, Homeland Security and Emergency Management
Director, State Rail Authority
Members, Board of Parole
Director, Division of Protective Services
Commissioner, Oil and Gas Conservation Commission
|
|
E3
|
52,500
|
78,984
|
Director, Geological and Economic Survey
Exec. Director, Public Defender Services
Director, Board of Risk and Insurance Management
Commissioner, Division of Culture and History
Secretary, Library Commission
Commissioner, Alcohol Beverage Control Administration
Director, Office of Miners' Health Safety and Training
Exec. Director, Educational Broadcasting Authority
Commissioner, Division of Labor
Exec. Director, Prosecuting Attorneys Institute
|
|
E4
|
55,000
|
85,464
|
Commissioner, Division of Banking
Commissioner, Bureau of Senior Services
Director, Forestry Division
Director, Division of Personnel
|
|
E5
|
60,000
|
91,848
|
Commissioner, Bureau of Employment Programs
Commissioner, Division of Motor Vehicles
Director, Division of Rehabilitation Services
Members, Health Care Authority
|
|
E6
|
60,000
|
98,736
|
Commissioner, State Tax Division
Director, Division of Natural Resources
Commissioner, Insurance Commission
Chairman, Health Care Authority
|
|
E7
|
75,000
|
106,128
|
Commissioner, Division of Highways
Director, Lottery Commission
Commissioner, Division of Corrections
Director, Division of Juvenile Services
Executive Director, Regional Jail Authority
Superintendent, State Police
Adjutant General
Secretary, Department of Education and the Arts
Secretary, Department of Military Affairs and Public
Safety
Secretary, Department of Environmental Protection
Secretary, Department of Administration
Secretary, Department of Commerce
Secretary, Department of Revenue
|
|
E8
|
90,000
|
114,120
|
Secretary, Department of Health and Human Resources
Secretary, Department of Transportation
|
(f) Notwithstanding the provisions of subsection (e) of this
section, each member of any boards contained in the Senior
Executive Salary Schedule shall receive an equal salary.
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-5. Career progression system; salaries; exclusion from wage
and hour law, with supplemental payment; bond; leave
time for members called to duty in guard or reserves.
(a) The Superintendent shall establish within the West
Virginia State Police a system to provide for: The promotion of
members to the supervisory ranks of sergeant, first sergeant,
second lieutenant and first lieutenant; the classification of
nonsupervisory members within the field operations force to the
ranks of trooper, senior trooper, trooper first class or corporal;
the classification of members assigned to the forensic laboratory
as criminalist I-VII; and the temporary reclassification of members
assigned to administrative duties as administrative support
specialist I-VIII.
(b) The Superintendent may propose legislative rules for
promulgation in accordance with article three, chapter
twenty-nine-a of this code for the purpose of ensuring consistency,
predictability and independent review of any system developed under
the provisions of this section.
(c) The Superintendent shall provide to each member a written
manual governing any system established under the provisions of
this section and specific procedures shall be identified for the
evaluation and testing of members for promotion or reclassification
and the subsequent placement of any members on a promotional
eligibility or reclassification recommendation list.
(d) Beginning on the first day of
July November, two thousand
two five, and continuing thereafter, members shall receive annual
salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training$2,106 Mo.$25,272
Cadet Trooper After Training2,509 Mo.30,108
Trooper Second Year30,572
Trooper Third Year30,944
Trooper Fourth & Fifth Year31,244
Senior Trooper33,332
Trooper First Class35,420
Corporal37,508
Sergeant41,684
First Sergeant43,772
Second Lieutenant45,860
First Lieutenant47,948
Captain50,036
Major52,124
Lieutenant Colonel54,212
Cadet During Training$2,218.50 Mo.$26,622
Cadet Trooper After Training2,621.50 Mo.31,458
Trooper Second Year31,922
Trooper Third Year32,294
Trooper Fourth & Fifth Year32,594
Senior Trooper34,682
Trooper First Class36,770
Corporal38,858
Sergeant43,034
First Sergeant45,122
Second Lieutenant47,210
First Lieutenant49,298
Captain51,386
Major53,474
Lieutenant Colonel55,562
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I31,244
II33,332
III35,420
IV37,508
V41,684
VI43,772
VII45,860
VIII47,948
I32,594
II34,682
III36,770
IV38,858
V43,034
VI45,122
VII47,210
VIII49,298
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I31,244
II33,332
III35,420
IV37,508
V41,684
VI43,772
VII45,860
I32,594
II34,682
III36,770
IV38,858
V43,044
VI45,122
VII47,210
Each member of the West Virginia State Police whose salary is
fixed and specified in this annual salary schedule is entitled to
the length of service increases set forth in subsection (e) of this
section and supplemental pay as provided in subsection (g) of this
section.
(e) Each member of the West Virginia State Police whose salary
is fixed and specified pursuant to this section shall receive, and
is entitled to, an increase in salary over that set forth in
subsection (d) of this section, for grade in rank, based on length
of service, including that service served before and after the
effective date of this section with the West Virginia State Police
as follows: At the end of five years of service with the West Virginia State Police, the member shall receive a salary increase
of six hundred dollars to be effective during his or her next three
years of service and a like increase at three-year intervals
thereafter, with the increases to be cumulative.
(f) In applying the salary schedules set forth in this section
where salary increases are provided for length of service, members
of the West Virginia State Police in service at the time the
schedules become effective shall be given credit for prior service
and shall be paid the salaries the same length of service entitles
them to receive under the provisions of this section.
(g) The Legislature finds and declares that because of the
unique duties of members of the West Virginia State Police, it is
not appropriate to apply the provisions of state wage and hour laws
to them. Accordingly, members of the West Virginia State Police
are excluded from the provisions of state wage and hour law. This
express exclusion shall not be construed as any indication that the
members were or were not covered by the wage and hour law prior to
this exclusion.
In lieu of any overtime pay they might otherwise have received
under the wage and hour law, and in addition to their salaries and
increases for length of service, members who have completed basic
training and who are exempt from federal Fair Labor Standards Act
guidelines may receive supplemental pay as provided in this
section.
The Superintendent shall, within thirty days after the
effective date of this section, propose a legislative rule for
promulgation in accordance with article three, chapter
twenty-nine-a of this code to establish the number of hours per
month which constitute the standard work month for the members of
the West Virginia State Police. The rule shall further establish,
on a graduated hourly basis, the criteria for receipt of a portion
or all of supplemental payment when hours are worked in excess of
the standard work month. The Superintendent shall certify monthly
to the West Virginia State Police's payroll officer the names of
those members who have worked in excess of the standard work month
and the amount of their entitlement to supplemental payment. The
supplemental payment may not exceed two hundred thirty-six dollars
monthly. The Superintendent and civilian employees of the West
Virginia State Police are not eligible for any supplemental
payments.
(h) Each member of the West Virginia State Police, except the
Superintendent and civilian employees, shall execute, before
entering upon the discharge of his or her duties, a bond with
security in the sum of five thousand dollars payable to the State
of West Virginia, conditioned upon the faithful performance of his
or her duties, and the bond shall be approved as to form by the
Attorney General and as to sufficiency by the Governor.
(i) Any member of the West Virginia State Police who is called
to perform active duty training or inactive duty training in the
National Guard or any reserve component of the Armed Forces of the
United States annually shall be granted, upon request, leave time
not to exceed thirty calendar days for the purpose of performing
the active duty training or inactive duty training and the time
granted may not be deducted from any leave accumulated as a member
of the West Virginia State Police.
CHAPTER 19. AGRICULTURE.
ARTICLE 23. HORSE AND DOG RACING.
§19-23-4. West Virginia Racing Commission continued as a public
corporation; composition; terms; vacancies;
qualifications, expenses of members; principal
office; meetings; election of officers; quorum;
inspection of records; annual report.
(a) The "West Virginia Racing Commission," is continued in
existence as a public corporation and, as such, may contract and be
contracted with, plead and be impleaded, sue and be sued and have
and use a common seal.
(b) The Racing Commission shall consist of three members, not
more than two of whom shall belong to the same political party, to
be appointed by the Governor by and with the advice and consent of
the Senate.
The members of the Racing Commission shall receive an annual salary of twelve thousand dollars. The term of office for
the members of the Racing Commission is four years, and until their
successors have been appointed and have qualified, and members of
the Racing Commission may serve any number of successive terms.
The members of the Racing Commission in office on the effective
date of the amendment and reenactment of this section in two
thousand one shall, unless removed by the Governor after the
effective date of this article, continue to serve until their terms
expire and until their successors have been appointed and have
qualified. Any vacancy in the office of a member of the Racing
Commission shall be filled by appointment by the Governor for the
unexpired term of the member whose office shall be vacant. No
person is eligible for appointment to or to serve upon the Racing
Commission:
(1) Unless he or she is an actual and bona fide resident of
this state, shall have resided in this state for a period of at
least five years next preceding his or her appointment, shall be a
qualified voter of this state and be not less than twenty-five
years of age;
(2) Who directly or indirectly, or in any capacity, owns or
has any interest, in any manner whatever, in any racetrack where
horse or dog race meetings may be held, including, but not limited
to, an interest as owner, lessor, lessee, stockholder or employee;
(3) While serving as a member of the Legislature or as an
elective officer of this state; or
(4) Who has been or shall be convicted of an offense which,
under the law of this state or any other state or of the United
States of America, constitutes a felony, or is a violation of
article four, chapter sixty-one of this code.
(c) Each member of the Racing Commission shall be reimbursed
for all reasonable and necessary expenses actually incurred in the
performance of his or her duties as a member of the Racing
Commission.
(d) The Racing Commission shall have its principal office at
the seat of government, and shall meet annually at its principal
office in the month of January, and at any other times and places
designated by its chairman. At the annual meeting the Racing
Commission shall elect from its membership a chairman and any other
officers that are desired. Other meetings of the Racing Commission
may be called by the chairman on such notice to the other members
prescribed by the Racing Commission.
(e) A majority of the members of the Racing Commission
constitute a quorum for the transaction of its business or the
exercise of any of its powers and authority. No person not a bona
fide member of the Racing Commission shall vote upon or participate
in the deliberations of the Racing Commission on any matter which may come before it. All Racing Commission records, except as
otherwise provided by law, shall be open to public inspection
during regular office hours.
(f) As soon as possible after the close of each calendar year,
the Racing Commission shall submit to the Governor a report of the
transactions of the Racing Commission during the preceding calendar
year.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 1. GENERAL PROVISIONS.
§24-1-3. Commission continued; membership; chairman; compensation.
(a) The Public Service Commission of West Virginia is
continued and directed as provided by this chapter, chapter
twenty-four-a, chapter twenty-four-b and chapter twenty-four-d of
this code. After having conducted a performance audit through its
joint committee on government operations, pursuant to section nine,
article ten, chapter four of this code, the Legislature hereby
finds and declares that the Public Service Commission should be
continued and reestablished. Accordingly, notwithstanding the
provisions of section five, article ten, chapter four of this code,
the Public Service Commission shall continue to exist until the
first day of July, two thousand three. The Public Service
Commission may sue and be sued by that name. The Public Service
Commission shall consist of three members who shall be appointed by the Governor, with the advice and consent of the Senate. The
commissioners shall be citizens and residents of this state and at
least one of them shall be duly licensed to practice law in West
Virginia, with not less than ten years' actual work experience in
the legal profession as a member of a state bar. No more than two
of the commissioners shall be members of the same political party.
Each commissioner shall, before entering upon the duties of his or
her office, take and subscribe to the oath provided by section
five, article IV of the Constitution of this State. The oath shall
be filed in the office of the Secretary of State. The Governor
shall designate one of the commissioners to serve as chairman at
the Governor's will and pleasure. The chairman shall be the chief
administrative officer of the commission. The Governor may remove
any commissioner only for incompetency, neglect of duty, gross
immorality, malfeasance in office or violation of subsection (c) of
this section.
(b) The unexpired terms of members of the Public Service
Commission at the time this subsection becomes effective are
continued. Upon expiration of the terms, appointments are for
terms of six years, except that an appointment to fill a vacancy is
for the unexpired term only. The commissioners whose terms are
terminated by the provisions of this subsection are eligible for
reappointment.
(c) No person while in the employ of, or holding any official
relation to, any public utility subject to the provisions of this
chapter or holding any stocks or bonds of a public utility subject
to the provisions of this chapter or who is pecuniarily interested
in a public utility subject to the provisions of this chapter may
serve as a member of the commission or as an employee of the
commission. Nor may any commissioner be a candidate for or hold
public office or be a member of any political committee while
acting as a commissioner; nor may any commissioner or employee of
the commission receive any pass, free transportation or other thing
of value, either directly or indirectly, from any public utility or
motor carrier subject to the provisions of this chapter. In case
any of the commissioners becomes a candidate for any public office
or a member of any political committee, the Governor shall remove
him or her from office and shall appoint a new commissioner to fill
the vacancy created.
(d) The salaries of members of the Public Service Commission
and the manner in which they are paid established by the prior
enactment of this section are continued. Effective the first day
of July, two thousand one, the annual salary of each commissioner
provided in section two-a, article seven, chapter six of this code
shall be seventy thousand dollars and shall be paid in monthly
installments from the special funds in the percentages that follow:
(1) From the Public Service Commission fund collected under
the provisions of section six, article three of this chapter,
eighty percent;
(2) From the Public Service Commission Motor Carrier Fund
collected under the provisions of section six, article six, chapter
twenty-four-a of this code, seventeen percent; and
(3) From the Public Service Commission Gas Pipeline Safety
Fund collected under the provisions of section three, article five,
chapter twenty-four-b of this code, three percent.
In addition to the salary provided for all commissioners in
section two-a, article seven, chapter six of this code subsection
(d) of this section, the chairman of the commission shall receive
five thousand dollars per annum to be paid in monthly installments
from the Public Service Commission Fund collected under the
provisions of section six, article three of this chapter.
NOTE: The purpose of this bill is to provide for a Senior
Executive Service Salary Schedule; to provide a salary adjustment
for State Troopers, and make technical corrections consistent with
the Senior Executive Service Salary Schedule.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.
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