Senate Bill No. 136
(By Senator Deem)
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[Introduced January 20, 1995; referred to the
Committee on the Judiciary; and then to the
Committee on Finance.]
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A BILL to amend and reenact article two-a, chapter four of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, relating to the compensation for and expenses of
members of the Legislature.
Be it enacted by the Legislature of West Virginia:
That article two-a, chapter four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended and
reenacted to read as follows:
ARTICLE 2A. COMPENSATION FOR AND EXPENSES OF MEMBERS OF THE
LEGISLATURE.
PART I. GENERAL.
§4-2A-1. Implementation of resolutions of citizens legislative
compensation commission; definition.
The purpose of this article is to implement from time to time
the resolutions submitted by the citizens' legislative compensation
commission created by section thirty-three, article IV of the West
Virginia Constitution. For the purposes of this article, the term
"regular session" shall include any extension of a regular session
of the Legislature.
PART II. COMPENSATION.
§4-2A-2. Basic compensation for services; proration.
(a) Each member of the Legislature shall receive as basic
compensation for his or her services the sum of six thousand five
hundred dollars per calendar year, for calendar year one thousand
nine hundred ninety-five, and for each calendar year thereafter.
In addition to such basic compensation, members shall receive the
additional compensations as are expressly provided for in sections
three, four and five of this article.
(b) The basic compensation shall be payable twice a month during each regular session of the Legislature, without regard to
any extension of such regular session. In the event of the death,
resignation or removal of a member of the Legislature during a
regular session of the Legislature and the appointment and
qualification of his or her successor during any such regular
session, the basic compensation provided for in this section shall
be prorated between the original member and his or her successor on
the basis of the number of days served (including Saturdays and
Sundays) as a member of the Legislature by each during such regular
session of sixty calendar days.
(c) In the event of the death, resignation or removal of a
member of the Legislature and the appointment and qualification of
his or her successor subsequent to the regular session of the
Legislature held in the calendar year in which such successor was
appointed and qualified, none of the basic compensation provided
for in this section shall be paid to such successor.
4-2§A-3. Compensation for members of the Legislature during any
extension of regular session or during extraordinary session.
Each member of the Legislature shall receive, in addition to the basic compensation provided for in section two of this article,
additional compensation of fifty dollars per day for each day of
attendance in person upon any business of the Senate or House of
Delegates, as the case may be, on each day upon which said Senate
or House of Delegates is actually called to order during each
extension of regular session or during extraordinary session of the
Legislature. Such additional compensation shall be paid from time
to time during any such extended session or extraordinary session,
as may be prescribed by rules established by the legislative
auditor.
§4-2A-4. Additional compensation for president of Senate, speaker
of House of Delegates, majority leaders, minority leaders of
both houses.
(a) In addition to the basic and additional compensation
provided for in sections two and three of this article, the
president of the Senate and the speaker of the House of Delegates
shall each receive additional compensation of:
(1) Fifty dollars per day for each day actually served during
any regular, extension of regular or extraordinary session as presiding officer, including Saturdays and Sundays; and
(2) One hundred dollars per day up to a maximum of eighty such
days per calendar year for attending to legislative business in
their offices in the capitol building when the Legislature is not
in regular, extension of regular or extraordinary session and
interim committees are not meeting.
(b) In addition to the basic and additional compensation
provided in sections two and three of this article, the majority
leaders and minority leaders of the Senate and of the House of
Delegates shall each receive additional compensation of twenty-five
dollars per day for each day actually served during any regular,
extension of regular or during extraordinary session, including
Saturdays and Sundays, as the selected legislative leaders of their
respective political parties.
(c) Such presiding officer and majority and minority leader
compensation shall be paid from time to time during any such
session or interim period, as the case may be, as may be prescribed
by rules established by the legislative auditor.
§4-2A-5. Interim compensation for members of joint committee on
government and finance and commission on interstate
cooperation and for restructured interim meetings.
(a) In addition to the basic and any additional and presiding
officer and majority leader compensation provided for in sections
two, three and four of this article, each member of the joint
committee on government and finance and the commission on
interstate cooperation shall receive interim compensation of fifty
dollars per day for each day actually engaged in the performance of
interim duties as a member of either such committee or commission
between regular sessions of the Legislature: Provided, That not
more than twenty-eight members combined of both such committee and
commission shall be entitled to receive the interim compensation
authorized in this section, and the total additional interim
compensation payable to any such member and his replacement, if
any, on such committee or commission under the provisions of this
section shall not exceed the sum of one thousand five hundred
dollars per calendar year.
(b) If, for whatever reason, the Legislature should restructure its interim committee meetings along any lines
whatsoever, the interim compensation authorized in subsection (a)
of this section for members of the joint committee on government
and finance and of the commission on interstate cooperation and the
additional interim compensation authorized in this subsection may
be authorized as interim compensation by the Legislature as it may
determine, but not to exceed either fifty dollars per member of the
Legislature per day for each day actually engaged in the
performance of interim duties as a member of the Legislature, or a
total of one thousand five hundred dollars per calendar year for
any one member, or a total of sixty-five thousand dollars per
calendar year for all such interim compensation for the members of
both houses of the Legislature combined.
PART III. EXPENSES.
§4-2A-6. Travel expenses.
Each member of the Legislature shall be entitled to be
reimbursed, upon submission of an expense voucher, for expenses
incurred incident to travel in the performance of his or her duties
as a member of the Legislature or any committee of the Legislature, whether such committee is operating under general law or
resolution, including, but not limited to, attendance at party
caucuses held in advance of the date of the assembly of the
Legislature in regular session in odd-numbered years for the
purpose of selecting candidates for officers of the two houses, at
a rate of twenty cents per mile for the most direct usually
traveled route, if travel is by private automobile, or for actual
transportation costs for direct route travel, if travel is by
public carrier, or for any combination of such means of
transportation actually used, plus the cost of necessary taxi or
limousine service, tolls and parking fees in connection therewith,
but during any regular, extension of regular or extraordinary
session, travel expenses shall not be paid to any member for more
than one round trip to and from the seat of government and to and
from his or her place of residence for each week of any such
session.
In addition to the above travel expense, the president of the
Senate and the speaker of the House of Delegates shall be entitled to be reimbursed as provided above, upon submission of an expense
voucher, for expenses incurred incident to travel for up to a
maximum of eighty days per calendar year in connection with their
visits to the capitol building for business which is related to
their duties as presiding officers of the respective houses of the
Legislature, but which takes place when the Legislature is not in
regular, extension of regular or extraordinary session and interim
committees are not meeting.
§4-2A-7. Reimbursement for expenses incurred during any session.
In addition to reimbursement for travel expenses as authorized
in section six of this article, each member of the Legislature
shall also be entitled to be reimbursed, upon submission of an
expense voucher therefor, for all reasonable and necessary expenses
actually incurred in connection with any regular, extension of
regular or extraordinary session of the Legislature, but the total
of any and all reimbursed expenses, exclusive of reimbursement for
travel expenses as aforesaid, shall not exceed housing expenses of
forty dollars per day and meal and miscellaneous expenses of thirty
dollars per day. An additional housing expense allowance of twenty-five dollars per day shall be received by the president of
the Senate and the speaker of the House of Delegates, but only
during the regular or an extension for the regular sessions of the
Legislature. A receipt for the amount paid for housing expenses
shall be submitted with the expense voucher, but a receipt shall
not be required to be submitted with any such expense voucher for
meal and miscellaneous expenses. The Legislature may provide for
direct billing of housing expenses of legislators to be made to the
Legislature from recognized hotels or motels. In lieu of
reimbursement for housing expenses pursuant to the provisions of
this section, any member of the Legislature shall be entitled to be
reimbursed, upon submission of an expense voucher, for expenses
incurred incident to daily travel to and from his place of
residence and to the from the seat of government at a rate of
twenty cents per mile for the most direct usually traveled route,
but the total of such daily travel expenses shall not exceed forty
dollars per night.
§4-2A-8. Interim expenses.
In addition to reimbursement for travel expenses and any such reimbursements for any and all such session expenses as provided
for in sections six and seven of this article, each member of the
Legislature serving as a member of any committee of the Legislature
established by and operating under general law and designed for the
performance of interim assignments by the Legislature or otherwise
duly authorized to perform interim assignments between regular
sessions of the Legislature shall also be entitled to be
reimbursed, upon submission of an expense voucher therefor, for all
reasonable and necessary expenses actually incurred incident to the
performance of duties as member of any such committee, but the
total of any and all such reimbursed interim expenses, exclusive of
reimbursement for such travel and session expenses as aforesaid,
shall not under any circumstances exceed housing expenses of forty
dollars per day and meal and miscellaneous expenses of thirty
dollars per day for each day actually engaged in the performance of
interim duties as a member of any such committee. The president of
the Senate and the speaker of the House of Delegates shall be
entitled to be reimbursed for housing expenses and for meal and miscellaneous expenses incurred in connection with their visits to
the capital building for business which is related to their duties
as presiding officers of the respective houses of the Legislature,
but which takes place when the Legislature is not in regular,
extension of regular or extraordinary session and interim
committees are not meeting, not to exceed housing expenses of forty
dollars per day and meal and miscellaneous expenses of thirty
dollars per day up to a maximum of eighty such days per calendar
year. A receipt for the amount paid for housing shall be submitted
with expense voucher, but a receipt shall not be required to be
submitted with any such expense voucher for meal and miscellaneous
expenses. In lieu of reimbursement for housing expenses pursuant
to the provisions of this section, any member of the Legislature
shall be entitled to be reimbursed, upon submission of an expense
voucher, for expenses incurred incident to daily travel to and from
his place of residence and to and from the seat of government at a
rate of twenty cents per mile for the most direct usually traveled
route, but the total of such daily travel expenses shall not exceed forty dollars per night.
§4-2A-9. Out-of-state expenses.
In addition to reimbursement for travel expenses as authorized
in section six of this article, each member of the Legislature
traveling from West Virginia to an out-of-state point or points and
return incident to the performance of his duties as a member of the
Legislature or any committee of the Legislature, whether such
committee is operating under general law or resolution, which
travel has been duly authorized, shall be entitled to be
reimbursed, upon submission of any expense voucher therefor, for
all reasonable and necessary expenses actually incurred incident
thereto, but the total of any and all such reimbursed expenses,
exclusive of reimbursement for such travel expenses, shall not
under any circumstances exceed the actual cost of housing at the
least expensive available single rate and meal and miscellaneous
expenses of thirty dollars per day. A receipt for the amount paid
for housing and for travel by any public transportation to and from
West virginia shall be submitted with the expense voucher, but a
receipt shall not be required to be submitted with any such expenses voucher for meal and miscellaneous expenses.
§4-2A-10. Affidavits required; approval by legislative auditor of
vouchers; travel and lodging expenses within Charleston not
reimbursable; rules authorized.
Any expense voucher submitted pursuant to the provisions of
sections six, seven, eight or nine of this article must be verified
by the affidavit of the member incurring such expense and all such
expense vouchers shall be approved by the legislative auditor prior
to submission for payment.
Notwithstanding any other provisions of this article to the
contrary, no member of the Legislature who resides within the
corporate limits of the city of Charleston may be reimbursed under
this article for any travel and lodging expenses incurred within
such corporate limits.
The legislative auditor is hereby authorized to adopt, amend
and repeal such rules as may be necessary to implement or
effectuate the provisions of this article.