COMMITTEE SUBSTITUTE

FOR

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 481

(By Senators Tomblin, Mr. President, and Sprouse,

By Request of the Executive)

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[Originating in the Committee on Finance;

reported February 29, 2000.]

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A BILL to amend and reenact section two, 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 reorganization of the executive branch; establishing that the secretary for the department of transportation shall also serve as the commissioner of highways and receive the commissioner's salary; requiring the secretary of department of transportation to be a registered professional engineer; establishing that the secretary of the department of tax and revenue shall also serve as the tax commissioner; and increasing the salary of the commissioner of highways.

Be it enacted by the Legislature of West Virginia:
That section two, 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-1-2. Executive departments created; offices of secretary created.

(a) There are hereby created continued, within the executive branch of the state government, the following departments:
(1) Department of administration;
(2) Department of commerce, labor and environmental resources;
(3) (2) Department of education and the arts;
(4) (3) Department of health and human resources;
(5) (4) Department of military affairs and public safety;
(6) (5) Department of tax and revenue; and
(7) (6) Department of transportation.
(b)
Each department shall be headed by a secretary who shall be appointed by the governor
by and with the advice and consent of the Senate and who shall serve at the will and pleasure of the governor.
(c) The secretary of the department of transportation shall also serve as the commissioner of highways, shall receive the salary of the commissioner of highways as provided for in section two-a, article seven, chapter six of this code and shall be registered in this state as a professional engineer.
(d) The secretary of the department of tax and revenue shall also serve as the tax commissioner.
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 such the 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 the appointive state officers shall be is 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.
Notwithstanding any other provision of this code to the contrary, beginning on the first day of July, one thousand nine hundred ninety-nine two thousand, the annual salary of each such named appointive state officer shall be as follows:
Administrator, division of highways, eighty-five one hundred 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, sixty-five thousand dollars; administrator, division of energy, sixty-five thousand dollars; administrator, division of corrections, seventy thousand dollars; administrator, division of natural resources, sixty-five thousand dollars; superintendent, state police, seventy thousand dollars; administrator, lottery division, seventy thousand dollars; director, public employees insurance agency, 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, seventy thousand dollars; administrator, division of motor vehicles, seventy thousand dollars; director, division of personnel, fifty thousand dollars; adjutant general, seventy thousand dollars; chairman, health care authority, sixty-five thousand dollars; members, health care authority, sixty thousand 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.
(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, one thousand nine hundred ninety- nine, each of the state officers named in this subsection shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in one thousand nine hundred ninety-nine, and shall thereafter, notwithstanding any other provision of this code to the contrary, 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, sixty-two thousand five hundred dollars; director, geological 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; commissioner, bureau of senior services, sixty-five thousand dollars; commissioner, oil and gas conservation commission, forty thousand dollars; director, farm management commission, thirty-two thousand five hundred dollars; director, state rail authority, fifty thousand dollars; executive secretary, women's commission, thirty thousand one hundred dollars; director, regional jail and correctional facility authority, 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.