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Committee Substitute House Bill 4500 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

H. B. 4500

(By Mr. Speaker, Mr. Kiss, and Delegate Trump)

[By Request of the Executive]

(Originating in the Committee on Finance)

[February 23, 2006]



A BILL to amend and reenact §6-7-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §6-7-2a of said code; to amend and reenact §9A-1-5 of said code; to amend and reenact §15-2-2 of said code; to amend and reenact §16-5P-5 of said code; to amend and reenact §17-2A-3 of said code; to amend and reenact §19-1A-5 of said code; to amend and reenact §20-1-5 of said code; to amend and reenact §21-1-2 of said code; to amend and reenact §21A-4-5 of said code; to amend and reenact §22-1-6 of said code; to amend and reenact §24-1-3 of said code; to amend and reenact §29-1-1 of said code; and to amend and reenact §60-2-9 of said code, all relating to salary adjustments for certain public officials.

Be it enacted by the Legislature of West Virginia:
That §6-7-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §6-7-2a of said code be amended and reenacted;
that §9A-1-5 of said code be amended and reenacted; that §15-2-2 of said code be amended and reenacted; that §16-5P-5 of said code be amended and reenacted; that §17-2A-3 of said code be amended and reenacted; that §19-1A-5 of said code be amended and reenacted; that §20-1-5 of said code be amended and reenacted; that §21-1-2 of said code be amended and reenacted; that §21A-4-5 of said code be amended and reenacted; that §22-1-6 of said code be amended and reenacted; that §24-1-3 of said code be amended and reenacted; that §29-1-1 of said code be amended and reenacted; that §60-2-9 of said code be amended and reenacted, all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.

ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2. Salaries of certain state officers.
(a) Beginning in the calendar year two thousand five, and for each calendar year after that, salaries for each of the state constitutional officers are as follows:
(1) The salary of the Governor is ninety-five thousand dollars per year;
(2) The salary of the Attorney General is eighty thousand dollars per year;
(3) The salary of the Auditor is seventy-five thousand dollars per year;
(4) The salary of the Secretary of State is seventy thousand dollars per year;
(5) The salary of the Commissioner of Agriculture is seventy-five thousand dollars per year; and
(6) The salary of the State Treasurer is seventy-five thousand dollars per year.

(b) Notwithstanding the provisions of subsection (a) of this section, beginning in the calendar year two thousand nine, and for each calendar year thereafter, salaries for each of the state constitutional officers shall be as follows:
(1) The salary of the Governor shall be one hundred fifty thousand dollars per year;
(2) The salary of the Attorney General shall be
one hundred five thousand dollars per year;
(3) The salary of the Auditor shall be ninety-five thousand dollars per year;
(4) The salary of the Secretary of State shall be
ninety-five thousand dollars per year;
(5) The salary of the Commissioner of Agriculture shall be
ninety-five thousand dollars per year; and
(6) The salary of the State Treasurer shall be
ninety-five thousand dollars per year.

§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 two thousand six, 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 two thousand six, 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:
Administrator Commissioner, Division of Highways, ninety thousand dollars ninety-two thousand five hundred dollars; administrator, State Tax Division, sixty-five thousand dollars; administrator Commissioner, Division of Corrections, seventy-five thousand dollars eighty thousand dollars; administrator Director, Division of Natural Resources, seventy thousand dollars seventy-five thousand dollars; Superintendent, State Police, seventy-five thousand dollars eighty-five thousand dollars; administrator, Lottery division, seventy-five thousand dollars; Director, Public Employees Insurance Agency; seventy-five thousand dollars; administrator Commissioner, Division of Banking, sixty thousand dollars eighty-five thousand dollars; administrator, division of insurance, sixty thousand dollars; administrator Commissioner, Division of Culture and History, fifty-five thousand dollars sixty-five thousand dollars; administrator Commissioner, Alcohol Beverage Control Commission, seventy thousand dollars seventy-five thousand dollars; administrator Commissioner, Division of Motor Vehicles, seventy thousand dollars seventy-five thousand dollars; Director, Division of Personnel, fifty-five thousand dollars seventy thousand dollars; Adjutant General, seventy-five thousand dollars ninety-five thousand dollars; Chairman, Health Care Authority, seventy thousand dollars eighty thousand dollars; members, Health Care Authority, sixty thousand dollars seventy thousand dollars; Director, Human Rights Commission, forty-five thousand dollars fifty-five thousand dollars; administrator Commissioner, Division of Labor, sixty thousand dollars seventy thousand dollars; administrator Director, Division of Veterans' Affairs, forty-five thousand dollars sixty-five thousand dollars; administrator, Division of Emergency services, forty-five thousand dollars; Chairperson, Board of Parole, fifty-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 seventy-five thousand dollars. administrator, bureau of commerce, seventy thousand dollars; administrator, bureau of environment, seventy thousand dollars; and Director, Office of Miners' Health, Safety and Training, sixty-five thousand dollars eighty thousand dollars. Secretaries of the departments shall be paid an annual salary as follows: Health and Human Resources, ninety thousand dollars ninety-five thousand dollars; Transportation, seventy-five thousand dollars ninety-five thousand dollars; tax and Revenue, seventy-five thousand dollars ninety-five thousand dollars; Military Affairs and Public Safety, seventy-five thousand dollars ninety-five thousand dollars; Administration, seventy-five thousand dollars ninety-five thousand dollars; Education and the Arts, seventy-five thousand dollars ninety-five thousand dollars; Commerce, ninety-five thousand dollars; and Environmental Protection, seventy-five thousand dollars ninety-five thousand dollars: Provided, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the Regular Session of the Legislature in two thousand six that exceeds five thousand dollars shall be paid to such officer beginning on the first day of July, two thousand six, in annual increments of five thousand dollars per fiscal year, up to the maximum salary provided in this subsection: Provided, however, That in the event of a vacancy in any of the appointive state offices named in this subsection, the annual salary of the respective state officers' successors shall immediately be set at the maximum salary provided in this subsection.
(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 two thousand six, 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 two thousand six, 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 seventy-five thousand dollars; Director, Division of Rehabilitation Services, sixty thousand dollars sixty-five thousand dollars; Executive Director, Educational Broadcasting Authority, sixty thousand dollars seventy-five thousand dollars; Secretary, Library Commission, sixty-seven thousand dollars seventy-two thousand dollars; Director, Geological and Economic Survey, fifty-two thousand five hundred dollars sixty thousand dollars; Executive Director, Prosecuting Attorneys Institute, sixty thousand dollars seventy thousand dollars; Executive Director, Public Defender Services, sixty thousand dollars seventy thousand dollars; Commissioner, Bureau of Senior Services, seventy thousand dollars seventy-five thousand dollars; Director, State Rail Authority, fifty-five thousand dollars sixty-five thousand dollars; Executive Secretary Director, Women's Commission, thirty-one thousand dollars forty- five thousand dollars; Director, Hospital Finance Authority, twenty-six thousand dollars thirty-five thousand dollars; member, racing commission, twelve thousand dollars; chairman, Public Service Commission, seventy thousand dollars ninety thousand dollars; and members, Public Service Commission, seventy thousand dollars eighty-five thousand dollars; Director, Division of Forestry, seventy-five thousand dollars; Director, Division of Juvenile Services, eighty-five thousand dollars; Chief Technology Officer, ninety-two thousand five hundred dollars; and Executive Director, Regional Jail Authority, eighty thousand dollars: Provided, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the Regular Session of the Legislature in two thousand six that exceeds five thousand dollars shall be paid to such officer beginning on the first day of July, two thousand six, in annual increments of five thousand dollars per fiscal year, up to the maximum salary provided in this subsection: Provided, however, That in the event of a vacancy in any of the appointive state offices named in this subsection, the annual salary of the respective state officers' successors shall immediately be set at the maximum salary provided in this subsection.
(c) 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 six, 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 six, 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:
Commissioner, State Tax Division,
ninety-two thousand five hundred dollars; Commissioner, Insurance Commission, ninety-two thousand five hundred dollars; Director, Lottery Commission, ninety-two thousand five hundred dollars; and Director, Division of Homeland Security and Emergency Management, sixty-five thousand dollars.
(c) (d) 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.
CHAPTER 9A. VETERANS' AFFAIRS.

ARTICLE 1. DIVISION OF VETERANS' AFFAIRS.
§9A-1-5. Compensation of director, veterans' affairs officers, assistants and employees; payment to veterans' council members; traveling expenses; meetings of veterans' council.

The director shall receive a an annual salary of thirty-two thousand dollars per annum as provided in section two-a, article seven, chapter six of this code, and necessary traveling expenses incident to the performance of his or her duties. The salaries of the veterans' affairs officers, assistants and employees shall be fixed by the veterans' council. The members of the veterans' council shall receive no salary, but each member shall receive the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. The requisition for such expenses and traveling expenses shall be accompanied by a sworn and itemized statement, which shall be filed with the Auditor and permanently preserved as a public record. The veterans' council shall hold its initial meeting on the call of the Governor, and thereafter shall meet on the call of its chairman, except as otherwise provided. With the exception of the first three meetings of the veterans' council, none of which shall be of a duration longer than two weeks each, for organizational purposes, the veterans' council shall meet not more than once every two months at such times as may be determined by and upon the call of the chairman for a period of not more than two days, unless there should be an emergency requiring a special meeting or for a longer period and so declared and called by the Governor or by the chairman with the approval of the Governor. A majority of the members of the veterans' council shall constitute a quorum for the conduct of official business.
CHAPTER 15. PUBLIC SAFETY.

ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-2. Superintendent; departmental headquarters; continuation of the State Police.

The Department of Public Safety, heretofore established, shall be continued and hereafter shall be known as the West Virginia State Police. Wherever the words "Department of Public Safety" or "Division of Public Safety" appear in this code, they shall mean the West Virginia State Police. The Governor shall nominate, and by and with the advice and consent of the Senate, appoint a superintendent to be the executive and administrative head of the department. Notwithstanding any provision of this code to the contrary, The superintendent shall be paid an annual salary of sixty thousand dollars as provided in section two-a, article seven, chapter six of this code. The superintendent shall hold the rank of colonel and is entitled to all rights, benefits and privileges of regularly enlisted members. On the date of his or her appointment, the superintendent shall be at least thirty years of age. Before entering upon the discharge of the duties of his or her office, he or she shall execute a bond in the penalty of ten thousand dollars, payable to the State of West Virginia and conditioned upon the faithful performance of his or her duties. Such bond both as to form and security shall be approved as to form by the Attorney General, and to sufficiency by the Governor.
Before entering upon the duties of his or her office, the superintendent shall subscribe to the oath hereinafter provided. The headquarters of the department shall be located in Kanawha County.
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 5P. SENIOR SERVICES.
§16-5P-5. Compensation; traveling expenses.
Notwithstanding the provisions of section two-a, article seven, chapter six of this code, The Commissioner of the Bureau of Senior Services shall receive a yearly an annual salary of sixty- five thousand dollars as provided in section two-a, article seven, chapter six of this code and the necessary traveling expenses incident to the performance of his or her duties. Requisition for traveling expenses shall be accompanied by a sworn itemized statement which shall be filed with the Auditor and preserved as a public record.

CHAPTER 17. ROADS AND HIGHWAYS.

ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-3. Salary and expenses.
The commissioner shall receive an annual salary of fourteen thousand dollars as provided in section two-a, article seven, chapter six of this code. He or she shall be allowed and paid necessary traveling expenses incident to the performance of his or her duties. Statements covering such expenses shall be itemized and verified by the commissioner.
CHAPTER 19. AGRICULTURE.

ARTICLE 1A. DIVISION OF FORESTRY.
§19-1A-5. Director of Division of Forestry; appointment; qualifications.

The Director of the Division of Forestry shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall serve at the will and pleasure of the Governor. The director shall be a graduate of a school of forestry accredited by the society of American foresters and have a minimum of ten years experience in forest management. The director's salary shall be sixty-five thousand dollars per year The director shall be paid an annual salary as provided in section two-a, article seven, chapter six of this code: Provided, That the director's salary shall be paid solely from budget appropriations to the division.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-5. Salary, expenses, oath and bond of director.
Any other provision of this code to the contrary notwithstanding, The director shall receive an annual salary of sixty-five thousand dollars as provided in section two-a, article seven, chapter six of this code, payable in equal monthly installments, and shall be allowed and paid necessary expenses incident to the performance of his or her official duties. Prior to the assumption of the duties of his or her office, he or she shall take and subscribe to the oath required of public officers by the Constitution of West Virginia and shall execute a bond, with surety approved by the Governor, in the penal sum of ten thousand dollars, which executed oath and bond shall be filed in the office of the Secretary of State. Premiums on the bond shall be paid from division funds.
CHAPTER 21. LABOR.

ARTICLE 1. DIVISION OF LABOR.
§21-1-2. Appointment of Commissioner of Labor; qualifications; term of office; salary.

The State Commissioner of Labor shall be appointed by the Governor, by and with the advice and consent of the Senate. He or she shall be a competent person, who is identified with the labor interests of the state. The Commissioner of Labor in office on the effective date of this section shall, unless sooner removed, continue to serve until his or her term expires and his or her successor has been appointed and has qualified. On or before the first day of April, one thousand nine hundred forty-one, and on or before the first day of April of each fourth year thereafter, the Governor shall appoint a Commissioner of Labor to serve for a term of four years, commencing on said first day of April. Notwithstanding the provisions of section two-a, article seven, chapter six of this code, the salary of the commissioner of labor shall be ten thousand dollars per annum. The commissioner shall receive an annual salary as provided in section two-a, article seven, chapter six of this code.
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.

ARTICLE 4. BOARD OF REVIEW.

§21A-4-5. Compensation and travel expenses.

Notwithstanding the provisions of section two-a, article seven, chapter six of this code, each member of the board shall receive an annual salary of twelve thousand six hundred dollars Each member of the board shall receive an annual salary as provided in section two-a, article seven, chapter six of this code and the necessary traveling expenses incurred in the performance of his or her duties.
Requisition for traveling expenses shall be accompanied by a sworn and itemized statement which shall be filed with the auditor and preserved as a public record.
The salaries and expenses of the members shall be paid from the administration fund.

CHAPTER 22. ENVIRONMENTAL RESOURCES.

ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-6. Secretary of the Department of Environmental Protection.
(a) The secretary is the chief executive officer of the division. Subject to section seven of this article and other provisions of law, the secretary shall organize the department into such offices, sections, agencies and other units of activity as may be found by the secretary to be desirable for the orderly, efficient and economical administration of the department and for the accomplishment of its objects and purposes. The secretary may appoint a deputy secretary, chief of staff, assistants, hearing officers, clerks, stenographers and other officers, technical personnel and employees needed for the operation of the department and may prescribe their powers and duties and fix their compensation within amounts appropriated.
(b) The secretary has the power to and may designate supervisory officers or other officers or employees of the department to substitute for him or her on any board or commission established under this code or to sit in his or her place in any hearings, appeals, meetings or other activities with such substitute having the same powers, duties, authority and responsibility as the secretary. The secretary has the power to delegate, as he or she considers appropriate, to supervisory officers or other officers or employees of the department his or her powers, duties, authority and responsibility relating to issuing permits, hiring and training inspectors and other employees of the department, conducting hearings and appeals and such other duties and functions set forth in this chapter or elsewhere in this code.
(c) The secretary has responsibility for the conduct of the intergovernmental relations of the department, including assuring:
(1) That the department carries out its functions in a manner which supplements and complements the environmental policies, programs and procedures of the Federal Government, other state governments and other instrumentalities of this state; and
(2) That appropriate officers and employees of the division consult with individuals responsible for making policy relating to environmental issues in the Federal Government, other state governments and other instrumentalities of this state concerning differences over environmental policies, programs and procedures and concerning the impact of statutory law and rules upon the environment of this state.
(d) In addition to other powers, duties and responsibilities granted and assigned to the secretary by this chapter, the secretary is hereby authorized and empowered to:
(1) Sign and execute in the name of the state by the "Department of Environmental Protection" any contract or agreement with the Federal Government or its departments or agencies, subdivisions of the state, corporations, associations, partnerships or individuals: Provided, That the powers granted to the secretary to enter into agreements or contracts and to make expenditures and obligations of public funds under this subdivision may not exceed or be interpreted as authority to exceed the powers granted by the Legislature to the various commissioners, directors or board members of the various departments, agencies or boards that comprise and are incorporated into each secretary's department pursuant to the provisions of chapter five-f of this code;
(2) Conduct research in improved environmental protection methods and disseminate information to the citizens of this state;
(3) Enter private lands to make surveys and inspections for environmental protection purposes; to investigate for violations of statutes or rules which the division is charged with enforcing; to serve and execute warrants and processes; to make arrests; issue orders, which for the purposes of this chapter include consent agreements; and to otherwise enforce the statutes or rules which the division is charged with enforcing;
(4) Acquire for the state in the name of the "Department of Environmental Protection" by purchase, condemnation, lease or agreement, or accept or reject for the state, in the name of the Department of Environmental Protection, gifts, donations, contributions, bequests or devises of money, security or property, both real and personal, and any interest in property;
(5) Provide for workshops, training programs and other educational programs, apart from or in cooperation with other governmental agencies, necessary to insure adequate standards of public service in the department. The secretary may provide for technical training and specialized instruction of any employee. Approved educational programs, training and instruction time may be compensated for as a part of regular employment. The secretary is authorized to pay out of federal or state funds, or both, as such funds are available, fees and expenses incidental to such educational programs, training, and instruction. Eligibility for participation by employees will be in accordance with guidelines established by the secretary;
(6) Issue certifications required under 33 U.S.C. §1341 of the Federal Clean Water Act and enter into agreements in accordance with the provisions of section seven-a, article eleven of this chapter. Prior to issuing any certification the secretary shall solicit from the Division of Natural Resources reports and comments concerning the possible certification. The Division of Natural Resources shall direct the reports and comments to the secretary for consideration; and
(7) Notwithstanding any provisions of this code to the contrary, employ in-house counsel to perform all legal services for the secretary and the department, including, but not limited to, representing the secretary, any chief, the department or any office thereof in any administrative proceeding or in any proceeding in any state or federal court. Additionally, the secretary may call upon the Attorney General for legal assistance and representation as provided by law.
(e) The secretary shall be appointed by the Governor, by and with the advice and consent of the Senate, and serves at the will and pleasure of the Governor.
(f) At the time of his or her initial appointment, the secretary must be at least thirty years old and must be selected with special reference and consideration given to his or her administrative experience and ability, to his or her demonstrated interest in the effective and responsible regulation of the energy industry and the conservation and wise use of natural resources. The secretary must have at least a bachelor's degree in a related field and at least three years of experience in a position of responsible charge in at least one discipline relating to the duties and responsibilities for which the secretary will be responsible upon assumption of the office. The secretary may not be a candidate for or hold any other public office, may not be a member of any political party committee and shall immediately forfeit and vacate his or her office as secretary in the event he or she becomes a candidate for or accepts appointment to any other public office or political party committee.
(g) The secretary will shall receive an annual salary of eighty-five thousand dollars as provided in section two-a, article seven, chapter six of this code and will be allowed and paid necessary expenses incident to the performance of his or her official duties. Prior to the assumption of the duties of his or her office, the secretary shall take and subscribe to the oath required of public officers prescribed by section five, article IV of the Constitution of West Virginia and shall execute a bond, with surety approved by the Governor, in the penal sum of ten thousand dollars, which executed oath and bond will be filed in the Office of the Secretary of State. Premiums on the bond will be paid from the department funds.
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 term 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 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, the chairman of the commission shall receive five thousand dollars ten 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.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 1. DIVISION OF CULTURE AND HISTORY.
§29-1-1. Division of Culture and History continued; sections and commissions; purposes; definitions; effective date.

(a) The Division of Culture and History and the Office of Commissioner of Culture and History heretofore created are hereby continued. The Governor shall nominate, and by and with the advice and consent of the Senate, appoint the commissioner, who shall be the Chief Executive Officer of the Division and shall be paid an annual salary of forty-five thousand dollars per year, notwithstanding the provisions of as provided in section two-a, article seven, chapter six of this code. The commissioner so appointed shall have: (1) A bachelor's degree in one of the fine arts, social sciences, library science or a related field; or (2) four years' experience in the administration of museum management, public administration, arts, history or a related field.
(b) The division shall consist of five sections as follows:
(1) The arts section;
(2) The archives and history section;
(3) The museums section;
(4) The historic preservation section; and
(5) The administrative section.
(c) The division shall also consist of two citizens commissions as follows:
(1) A commission on the arts; and
(2) A commission on archives and history.
(d) The commissioner shall exercise control and supervision of the division and shall be responsible for the projects, programs and actions of each of its sections. The purpose and duty of the division is to advance, foster and promote the creative and performing arts and crafts, including both indoor and outdoor exhibits and performances; to advance, foster, promote, identify, register, acquire, mark and care for historical, prehistorical, archaeological and significant architectural sites, structures and objects in the state; to encourage the promotion, preservation and development of significant sites, structures and objects through the use of economic development activities such as loans, subsidies, grants and other incentives; to coordinate all cultural, historical and artistic activities in State Government and at state-owned facilities; to acquire, preserve and classify books, documents, records and memorabilia of historical interest or importance; and, in general, to do all things necessary or convenient to preserve and advance the culture of the state.
(e) The division shall have jurisdiction and control and may set and collect fees for the use of all space in the building presently known as the West Virginia Science and Culture Center, including the deck and courtyards forming an integral part thereof; the building presently known as West Virginia Independence Hall in Wheeling, including all the grounds and appurtenances thereof; "Camp Washington Carver" in Fayette County, as provided for in section fourteen of this article; and any other sites as may be transferred to or acquired by the division. Notwithstanding any provision of this code to the contrary, including the provisions of article one of chapter five-b of this code, beginning on and after the first day of July, one thousand nine hundred ninety-three, the division shall have responsibility for, and control of, all visitor touring and visitor tour guide activities within the State Capitol Building at Charleston.
(f) For the purposes of this article, "commissioner" means the Commissioner of Culture and History, and "division" means the Division of Culture and History.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 2. ALCOHOLIC BEVERAGE CONTROL COMMISSIONER.
§60-2-9. Salary and expenses.
The commissioner shall receive an annual salary of sixty thousand dollars as provided in section two-a, article seven, chapter six of this code, and shall be paid actual and necessary traveling expenses incurred in performance of the official duties of the office.

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