Senate Bill No. 513
(By Senators Wagner, Bailey, Love and Chafin)
____________
[Introduced February 20, 1995; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
____________
A BILL to amend and reenact sections one, three, four and six-b,
article seven, chapter seven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; to amend
and reenact section seventeen, article one, chapter eleven-a
of said code, all relating to classification of counties for
purpose of determining compensation of elected county
officials; making legislative findings pertaining thereto;
and increasing the sheriff's commission for the collection
of taxes.
Be it enacted by the Legislature of West Virginia:
That sections one, three, four and six-b, article seven,
chapter seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; and that section seventeen, article one, chapter eleven-a of said
code be amended and reenacted, all to read as follows:
ARTICLE 7. TRAINING PROGRAMS FOR COUNTY EMPLOYEES, ETC.;
COMPENSATION OF ELECTED COUNTY OFFICIALS; COUNTY
ASSISTANTS, DEPUTIES AND EMPLOYEES, THEIR NUMBER
AND COMPENSATION.
§7-7-1. Legislative findings and purpose.
The Legislature hereby takes cognizance of the provisions of
chapter twenty-three, acts of the Legislature, regular session,
one thousand nine hundred seventy-one, as partially amended by
chapter thirteen, acts of the Legislature, first extraordinary
session, one thousand nine hundred seventy-one, and the decision
of the supreme court on February twenty-two, one thousand nine
hundred seventy-two, and the conclusions set forth in the opinion
of the court in said proceeding.
The Legislature hereby finds as a fact that the Legislature
did impose upon the county commissioners in each county broad,
new and additional duties by the enactment of committee
substitute for house bill number three, passed in special session
November three, one thousand nine hundred seventy-one, and that
the new and additional duties of county commissioners under said
act will begin with the organizational meetings of the various regional planning and development councils during the month of
May, one thousand nine hundred seventy-two. The Legislature
hereby finds as a fact that the new and additional duties imposed
under the provisions of the aforementioned house bill number
three, are such that they would justify the increase in
compensation as provided in section five-a, article one of this
chapter without being in violation of the provisions of section
38, article VI of the Constitution of West Virginia.
The Legislature hereby further finds, as a fact, that the
duties required by sections three-q and three-r, article one,
chapter seven as herein provided, constitute new and additional
duties for county commissioners and as such justify the increased
compensation provided by section five-a, article one, chapter
seven without violating the provisions of section 38, article VI
of the Constitution of West Virginia.
The Legislature hereby further finds as a fact that the
duties imposed upon county clerks by the provisions of section
three-q, article one, chapter seven, as herein provided,
constitute new and additional duties for county clerks and as
such justify the additional compensation provided by section five
of this article without violating the provisions of section 38, article VI of the Constitution of West Virginia.
The Legislature hereby finds as a fact that the Legislature
has consistently and annually imposed upon the county
commissioners, sheriffs, county and circuit clerks, assessors and
prosecuting attorneys in each county broad, new and additional
duties by the enactment of new provisions and amendments to the
West Virginia code. The new and additional duties imposed upon
the aforesaid county officials under these amendments to the West
Virginia code are such that they would justify the increase in
compensation as provided in section four of this article, without
being in violation of the provisions of section 38, article VI of
the Constitution of West Virginia.
The Legislature hereby further finds, as a fact, that there
are, from time to time, additional duties imposed upon all county
officials through the acts of the United States Congress and that
such acts constitute new and additional duties for county
officials and as such justify the increased compensation provided
by section four-a of this article, without violating the
provisions of section 38, article VI of the Constitution of West
Virginia.
The Legislature hereby further finds there to be a direct correlation between the total assessed property valuations of a
county, on which the salary levels of the county commissioners,
sheriffs, county and circuit clerks, assessors and prosecuting
attorneys is based, and new and additional duties that each of
these officials are required to perform as they serve the best
interests of a growing county. Inasmuch as the reappraisal has
now been completed, the Legislature finds that the change in
classification of counties by virtue of increased property
valuations will occur on an infrequent basis. However, it is
further the finding of the Legislature that when such change in
classification of counties does occur that new and additional
programs, economic developments, requirements of public safety
and the provision of new services expected of county government
all increase and do constitute new and additional duties for
county officials as their counties reach greater heights of
economic development as exemplified by the substantial increases
in property valuations and as such justify the increased
compensation provided by section four of this article, without
violating the provisions of section 38, article VI of the
Constitution of West Virginia.
The Legislature hereby further finds and declares that the amendments made by this act to this article are intended to
modify the provisions of this article so as to cause the same to
be in full compliance with the provisions of the Constitution of
West Virginia, and to be in full compliance with the decisions of
the supreme court of appeals of West Virginia.
§7-7-3. Classification of counties for purpose of determining
compensation of elected county officials.
For the purpose of determining the compensation of elected
county officials, the counties of the State of West Virginia are
hereby grouped into seven classes based on their assessed
valuation of property, all classes. These seven classes and the
minimum and maximum valuation of property, all classes,
established to determine the classification of each county are as
follows:
Minimum Assessed
Maximum Assessed
Valuation of PropertyValuation of Property
ClassAll ClassesAll Classes
Class I$600,000,000No Limit
Class II$450,000,000$599,999,999
Class III$200,000,000$449,999,999
Class IV$100,000,000$199,999,999
Class V$ 50,000,000$ 99,999,999
Class VI$ 15,000,000$ 49,999,999
Class VII$ 0$ 14,999,999
The assessed valuation of property, all classes, that shall
be used as the base to determine the class of a county shall be
the assessed valuation of property, all classes, of the county as
certified by the county assessor, state auditor and county clerk
prior to March twenty-nine, one thousand nine hundred
seventy-two.
Prior to March twenty-nine, one thousand nine hundred
seventy-four, and each second year thereafter, the county court
[county commission] of each county, shall determine if the
assessed valuation of property, all classes, of the county, as
certified by the county assessor, state auditor, and county
clerk, is within the minimum and maximum limits of a class above
or below the class in which the county then is. If the county
court so determines, it shall record the new classification of
the county with the state auditor and state tax commissioner and
record its action on its county court [county commission] record.
The classification of each county shall be subject to review
by the state tax commissioner. He shall determine if the
classification of each county is correct based on the final assessed valuation of property, all classes, certified to him by
the county assessor, state auditor and county clerk. If he finds
that a county is incorrectly classified he shall notify the
county court [county commission] of that county promptly of his
finding and in any case shall notify the county court prior to
June thirtieth of that current fiscal year. Any county court
[county commission] so notified shall correct its classification
immediately and make any necessary corrections in the salaries of
its elected county officials for the next fiscal year. Nothing
in this section shall be construed as authorizing an increase in
compensation except at such time as the affected county officer
begins a new term of office.
(a) Prior to the effective date of subsection (b) of this
section, the former provisions of this section as they existed on
the first day of January, one thousand nine hundred ninety-five,
remain in effect.
(b)
Effective the first day of July, one thousand nine
hundred ninety-six and thereafter, for the purpose of determining
the compensation of elected county officials, the counties of the
state of West Virginia will be grouped into fourteen classes
based on their assessed valuation of property, all classes. These fourteen classes and the minimum and maximum valuation of
property, all classes, established to determine the
classification of each county are as follows:
Minimum Assessed Maximum Assessed
Valuation of Property Valuation of Property
Class All Classes All Classes
Class I $ 2,000,000,000 No Limit
Class II $ 1,500,000,000 $1,999,999,999
Class III $ 1,000,000,000 $1,499,999,999
Class IV $ 800,000,000 $ 999,999,999
Class V $ 700,000,000 $ 799,999,999
Class VI $ 600,000,000 $ 699,999,999
Class VII $ 500,000,000 $ 599,999,999
Class VIII $ 400,000,000 $ 499,999,999
Class IX $ 300,000,000 $ 399,999,999
Class X $ 250,000,000 $ 299,999,999
Class XI $ 200,000,000 $ 249,999,999
Class XII $ 150,000,000 $ 199,999,999
Class XIII $ 100,000,000 $ 149,999,999
Class XIV $ 0 $ 99,999,999
The assessed valuation of property, all classes, on the first day of July, one thousand nine hundred ninety-six, that
shall be used as the base to determine the class of a county
shall be the assessed valuation of property, all classes, of the
county as certified by the county assessor, state auditor and
county clerk prior to the twenty-ninth day of March, one thousand
nine hundred ninety-six.
Prior to the twenty-ninth day of March, one thousand nine
hundred ninety-six, and each second year thereafter, the county
commission of each county, shall determine if the assessed
valuation of property, all classes, of the county, as certified
by the county assessor, state auditor and county clerk is within
the minimum and maximum limits of a class above or below the
class in which the county then is. If the county commission so
determines, it shall record the new classification of the county
with the state auditor and state tax commissioner and record its
action on its county commission record.
The classification of each county shall be subject to review
by the state tax commissioner. He shall determine if the
classification of each county is correct based on the final
assessed valuation of property, all classes, certified to him by
the county assessor, state auditor and county clerk. If he finds that a county is incorrectly classified he shall notify the
county commission of that county property of his finding and in
any case shall notify the county prior to the thirtieth day of
June of that current fiscal year. Any county commission so
notified shall correct its classification immediately and make
any necessary corrections in the salaries of its elected county
officials for the next fiscal year.
§7-7-4. Compensation of elected county officials and county
commissioners for each class of county.
(a)(1) All county commissioners shall be paid compensation
out of the county treasury in amounts and according to the
schedule hereafter set forth for each class of county as
determined by the provisions of section three, article seven,
chapter seven: Provided, That as to any county having a tribunal
in lieu of a county commission, the county commissioners of such
county may be paid less than the minimum compensation limits of
the county commission for the particular class of such county.
Class I$20,000
Class II$15,500
Class III$14,000
Class IV$10,000
Class V$ 7,000
Class VI$ 4,000
The compensation hereinabove provided shall be paid on and
after January one, one thousand nine hundred eighty-five, to each
county commissioner. Within each county, every county
commissioner whose term of office commenced prior to the first
day of January, one thousand nine hundred eighty-five, shall
received the same annual compensation as commissioners commencing
a term of office on or after that date by virtue of the new
duties imposed upon county commissioners pursuant to the
provisions of chapter fifteen, Acts of the Legislature, first
extraordinary session, one thousand nine hundred eighty-three.
(a)(1) All county commissioners shall be paid compensation
out of the county treasury in amounts and according to the
schedule hereafter set forth for each class of county as
determined by the provisions of section three, article seven,
chapter seven: Provided, That as to any county having a tribunal
in lieu of a county commission, the county commissioners of such
county may be paid less than the minimum compensation limits of
the county commission for the particular class of such county.
Class I$ 26,880
Class II$ 26,760
Class III$ 26,640
Class IV$ 26,520
Class V$ 26,400
Class VI$ 26,280
Class VII$ 20,270
Class VIII$ 20,180
Class IX$ 18,350
Class X$ 18,300
Class XI$ 18,060
Class XII$ 12,240
Class XIII$ 12,120
Class XIV$ 8,800
The compensation hereinabove provided shall be paid on and
after the first day of January, one thousand nine hundred
ninety-seven, to each county commissioner. Within each county,
every county commissioner whose term of office commenced prior
to, or on, or after the first day of January, one thousand nine
hundred ninety-seven shall receive the same annual compensation
by virtue of legislative findings of extra duties as set forth in
section one of this article.
(2) For the purpose of determining the compensation to be paid to the elected county officials of each county, the
following compensations for each county office by class are
hereby established and shall be used by each county commission in
determining the compensation of each of their county officials
other than compensation of members of the county commission:
CountyCircuitProsecuting
SheriffClerkClerkAssessorAttorney
Class I$24,200$31,300$31,300$24,200$41,500
Class II$24,200$28,000$28,000$24,200$39,500
Class III$24,200$28,000$28,000$24,200$30,000
Class IV$22,300$24,000$24,000$22,300$26,500
Class V$20,400$22,000$22,000$20,400$23,500
Class VI$17,200$17,200$17,200$17,200$17,000
CountyCircuit
SheriffClerkClerkAs
sessor
Class I$32,525$42,065$42,065
$32,525
Class II$32,380$41,880$41,880$32,380
Class III$32,235$41,690$41,690$32,235
Class IV$32,090$41,500$41,500$32,090
Class V$31,940$41,315$41,315$31,940
Class VI$31,780$41,130$41,130$31,780
Class VII$31,650$36,960$36,960$31,650
Class VIII$31,510$36,790$36,790$31,510
Class IX$31,430$36,700$36,700$31,430
Class X$31,360$36,620$36,620$31,360
Class XI$31,290$36,200$36,200$31,290
Class XII$27,290$29,370$29,370$27,290
Class XIII$27,020$29,090$29,090$27,020
Class XIV$24,600$26,530$26,530$24,600
Effective the first day of January in the year one thousand
nine hundred ninety-seven and thereafter, the salary of the
prosecuting attorney shall be the percent of salaries of judges
of circuit courts as prescribed by section thirteen, article two,
of chapter fifty-one of this code, as set out below for the
respective classes o
f counties:
ClassificationPercent of Circuit Judges
Of County Salary to be Paid Prosecutor
Class I Ninety-five percent (95%)
Class II Ninety-three percent (93%)
Class III Ninety-one percent (91%)
Class IV Eighty-nine percent (89%)
Class V Eighty-seven percent (87%)
Class VI Eighty-five percent (85%)
Class VII Sixty percent (60%)
Class VIII Fifty-eight percent (58%)
Class IX Fifty-six percent (56%)
Class X Fifty-four percent (54%)
Class XI Fifty-two percent (52%)
Class XII Fifty percent (50%)
Class XIII Forty-eight percent (48%)
Class XIV Forty-five percent (45%)
Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor, sheriff
and prosecuting attorney of a Class I county through Class V
counties, inclusive, any assessor of a Class II and Class III
county Class VI through XI county, inclusive, any sheriff of a
Class II and Class III county Class VI through XI county,
inclusive, and any prosecuting attorney of a Class II VI county
shall devote full time to his or her public duties to the
exclusion of any other employment: Provided, That any such
public official, whose term of office begins when his or her
county's classification imposes no restriction on his or her
outside activities, shall not be restricted on his or her outside activities during the remainder of the term for which he or she
is elected. The compensation hereinabove provided shall be paid
on and after the first day of January, one thousand nine hundred
eighty-five, to each elected county official.
In the case of a county that has a joint clerk of the county
commission and circuit court, the compensation of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
compensation would be fixed for the county clerk if it had
separate offices of county clerk and circuit clerk.
Prior to the first day of January in the year one thousand
nine hundred ninety-six, and prior to any subsequent January of
a year in which a primary and general election are to be held for
the office of prosecuting attorney, the county commission is
hereby authorized to make a finding of facts and circumstances
that would cause the commission to decide, by proper order duly
entered, to provide for their county a full-time prosecuting
attorney, other than as required above by this section. Those
county commissions providing for a full-time prosecuting attorney
rather than a part-time prosecuting attorney shall compensate
their full-time prosecutor at the same rate of compensation as
that of a prosecuting attorney in a Class VI county.
The Legislature finds, as a fact, that the duties imposed
upon county clerks by the provisions of chapter sixty-four, acts
of the Legislature, regular session, one thousand nine hundred
eighty-two, and by chapter fifteen, acts of the Legislature,
first extraordinary session, one thousand nine hundred
eighty-three, constitute new and additional duties for county
clerks and as such justify the additional compensation provided
in this section without violating the provisions of section
thirty-eight, article six of the Constitution of West Virginia.
The Legislature further finds as a fact that the duties
imposed upon circuit clerks by the provisions of chapter
sixty-one and one hundred eighty-two, acts of the Legislature,
regular session, one thousand nine hundred eighty-one, and by
chapter sixty, acts of the Legislature, regular session, one
thousand nine hundred eighty-three, constitute new and additional
duties for circuit clerks and as such justify the additional
compensation provided by this section without violating the
provisions of section thirty-eight, article six of the
Constitution of West Virginia.
(b) Prior to the primary election in the year one thousand
nine hundred ninety-two, and for the fiscal year beginning on the first day of July, one thousand nine hundred ninety-two, or for
any subsequent fiscal year if the approval set out herein is not
granted for any fiscal year, and at least thirty days prior to
the meeting to approve the county budget, the commission shall
provide notice to the public of the date and time of the meeting
and that the purpose of the meeting of the county commission is
to decide upon their budget certification to the tax department.
Upon submission by the county commission to the chief inspector
division of the department of tax and revenue of a proposed
annual budget which contains anticipated receipts into the
county's general revenue fund, less anticipated moneys from the
unencumbered fund balance, equal to anticipated receipts into the
county's general revenue fund, less anticipated moneys from he
unencumbered fund balance and any federal or state special
grants, for the immediately preceding fiscal year, plus such
additional amount as is necessary for payment of the increases in
the salaries set out herein and related employment taxes over
that paid for the immediately preceding fiscal year, and upon
approval thereof by the chief inspector, which approval shall not
be granted for any proposed annual budget containing anticipated
receipts which are unreasonably greater or lesser than that of the immediately preceding fiscal year, for the purpose of
determining the compensation to be paid to the elected county
officials of each county office by class are hereby established
and shall be used by each county commission in determining the
compensation of each of their county officials: Provided, That
as to any county having a tribunal in lieu of a county
commission, the county commissioners of such county may be paid
less than the minimum compensation limits of the county
commission for the particular class of each county.
Class I$24,000
Class II$18,500
Class III$16,800
Class IV$12,000
Class V$ 8,400
If the approval set out hereinabove is granted, the
compensation hereinabove provided shall be paid on and after
January one, one thousand nine hundred ninety-three, to each
county commissioner. Within each county, every county
commissioner shall receive the same annual compensation by virtue
of the new duties imposed upon county commissioners pursuant to
the provisions of chapter one hundred seventy-two, Acts of the Legislature, second regular session, one thousand nine hundred
ninety, and chapter five, Acts of the Legislature, third
extraordinary session, one thousand nine hundred ninety.
CountyCircuitProsecuting
SheriffClerkClerkAssessorAttorney
Class I$29,040$37,560$37,560$29,040$59,500
Class II$29,040$33,600$33,600$29,040$59,500
Class III$29,040$33,600$33,600$29,040$36,000
Class IV$26,760$28,800$28,800$26,760$31,800
Class V$24,480$26,400$26,400$24,480$28,200
Class VI$24,480$26,400$26,400$24,480$28,200
Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor, sheriff
and prosecuting attorney of a Class I county, any assessor of a
Class II and Class III county, any sheriff of a Class II and
Class III county, and any prosecuting attorney of a Class II
county shall devote full time to his or her public duties to the
exclusion of any other employment: Provided, That any such
public official, whose term of office begins when his or her
county's classification imposes no restriction on his or her
outside activities, shall not be restricted on his or her outside activities during the remainder of the term of which he or she is
elected. If the approval set out hereinabove provided shall be
paid on and after the first day of January, one thousand nine
hundred ninety-three, to each elected county official.
In the case of a county that has a joint clerk of the county
commission and circuit court, the compensation of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
compensation would be fixed for the county clerk if it had
separate offices of county clerk and circuit clerk.
Prior to the primary election in the year one thousand nine
hundred ninety-two, in the case of Class III, Class IV or Class
V county which has a part-time prosecuting attorney, the county
commission may find that such facts and circumstances exist that
require the prosecuting attorney to devote full time to his or
her public duties for the four-year term, beginning the first day
of January, one thousand nine hundred ninety-three. If the
county commission makes such a finding, it may by proper order
adopted and entered, require the prosecuting attorney who takes
office on the first day of January, one thousand nine hundred
ninety-three, to devote full time to his or her public duties and
the county commission shall than compensate said prosecuting attorney at the same rate of compensation as that of a
prosecuting attorney in a Class II county.
§7-7-6b. Additional compensation of assessors according to
county classification.
For the purpose of determining the additional compensation
to be paid to the county assessor of each county for the
additional duties provided by section six-a of this article, the
following compensation for each county assessor by class, as
provided in section three of this article, are hereby established
and shall be used by each county commission in determining the
compensation of each county assessor; for assessors in Class I
counties, twelve thousand dollars for the calendar year one
thousand nine hundred and eighty and eleven thousand dollars for
each calendar year thereafter fourteen thousand five hundred
twenty dollars; for assessors in Class II counties, six thousand
fourteen thousand four hundred sixty dollars; for assessors in
Class III counties, five thousand dollars fourteen thousand four
hundred ten dollars; for assessors in Class IV counties, two
thousand five hundred dollars fourteen thousand three hundred
fifty dollars; for assessors in Class V counties, one thousand
five hundred dollars fourteen thousand three hundred dollars; and
for assessors in Class VI counties, one thousand fourteen thousand two hundred fifty dollars; for assessors in Class VII
counties, seven thousand seven hundred forty dollars; for
assessors in Class VIII counties, seven thousand seven hundred
ten dollars; for assessors in Class IX counties, six thousand
four hundred ten dollars; for assessors in Class X counties, six
thousand four hundred dollars; for assessors in Class XI
counties, six thousand three hundred seventy dollars; for
assessors in Class XII counties, three thousand fifty dollars;
for assessors in Class XIII counties, three thousand twenty
dollars; and for assessors in Class XIV counties, one thousand
eight hundred dollars.
Notwithstanding this section or any other section of the
code to the contrary, in no event shall the additional
compensation paid to the county assessors for performance of
additional duties as provided in section six-a of this article be
less than the additional compensation such county assessors
received January one, one thousand nine hundred seventy-six.
§11A-1-17. Sheriff's commission for collection.
After the sheriff has collected eighty-five percent of the
combined total of all taxes assessed on real and personal
property, he shall, in addition to the salary and compensation
now authorized by law, be allowed a commission as follows: Two and one-half percent on the remainder of taxes collected up to
ninety percent of the combined total of all taxes assessed on
real and personal property, three and one-half percent of the
remainder collected above ninety percent and up to ninety-five
percent of the combined total of all taxes assessed on real and
personal property, and five percent on the remainder of taxes
collected above ninety-five percent of the combined total of all
taxes assessed on real and personal property. In all cases the
taxes collected on which any commission shall be paid will be
exclusive of interest and charges thereon, if the collection be
made before the delinquent list has been approved by the county
commission: Provided, That the total amount of commissions paid
to any sheriff shall not exceed the sum of fifteen nineteen
thousand eight hundred dollars in any one year. The commission
so allowed shall be determined by the county commission and
charged against the various funds for which the taxes are
collected.
NOTE: The purpose of this bill is to change the
classification of counties from the present number of seven to
fourteen and to further provide salary reform for county
officials including prosecuting attorneys whose salaries under
this bill will be tied to a percentage of the salaries of the circuit judges of their particular county. Counties with
part-time prosecuting attorneys would be authorized, prior to
any election of prosecuting attorneys, to opt for and pay the
compensation of a full-time prosecutor. This bill further
provides for an increase in the sheriff's commission for the
collection of taxes.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
FOLLOWS IS A LIST OF COUNTIES THAT WOULD BE IN THE NEW CLASSES
SET OUT IN THE PROPOSED LEGISLATION OR ARE LIKELY TO BE IN THAT
CLASS ON JULY 1, 1996
Class I - Cabell, Kanawha, Wood
Former
Class I Class II - Berkeley, Harrison, Monongalia
Counties
Class III - Jefferson, Marion, Marshall,
Mercer, Mingo, Putnam, Raleigh
Class IV - Logan, Ohio
Class V - Fayette, Greenbrier, Hancock
Wayne
Class VI - Boone, Jackson, Mason, Preston
----------------------------------------------------------------
Former Class VII - Brooke, Grant, Nicholas, Randolph
Class II Wyoming
Counties
Class VIII - Hampshire, McDowell, Mineral,
Upshur
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Former Class IX - Hardy, Lewis, Morgan, Pleasants
Class III Wetzel
Counties
Class X - Barbour, Braxon, Lincoln,
Pocahontas, Taylor
Class XI - Gilmer, Pendleton, Ritchie, Roane
Tucker, Tyler, Webster
----------------------------------------------------------------
Former Class XII - Clay, Doddridge, Monroe, Summers
Class IV
Counties Class XIII - Calhoun
-----------------------------------------------------------------
Former Class XIV - Wirt
Class V
Counties