H. B. 2888
(By Delegate Mezzatesta)
(Originating in the Committee on Education)
[April 3, 1997]
A BILL to amend and reenact section two-a, article seven, chapter
six of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact section
one, article three, chapter eighteen of said code, all
relating to the salary of state superintendent of schools.
Be it enacted by the Legislature of West Virginia:
That
section two-a, article seven, chapter six of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended
, be amended and reenacted;
and that section one, article
three, chapter eighteen of said code be amended and reenacted,
all to read as follows:
§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, the annual salary of each such named
appointive state officer shall be as follows:
Administrator, division of highways, sixty-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 thousand
dollars; administrator, division of natural resources, sixty-five
thousand dollars; administrator, division of public safety, sixty
thousand dollars; administrator, lottery division, sixty thousand
dollars; director, public employees insurance agency, fifty-five
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 thousand dollars;
director, division of personnel, fifty thousand dollars; adjutant
general, fifty 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: State superintendent of schools,
ninety thousand dollars; 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 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.
§18-3-1. Appointment; qualifications; compensation; traveling
expenses; office and residence.
There shall be appointed by the state board a state
superintendent of schools. He shall be a person of good moral
character, of recognized ability as a school administrator,
holding at least a master's degree in educational administration,
and shall have had not less than five years of experience in
public school work. He shall receive an annual salary set by the
state board, to be paid monthly: Provided, That the annual
salary may not exceed one hundred thousand dollars. The state
superintendent shall also receive and necessary traveling
expenses incident to the performance of his duties, the same to
be paid out of the general school fund upon warrants of the state
auditor. The superintendent shall have his office at the state
capital.