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Key: Green = existing Code. Red = new code to be enacted
H. B. 2606
(By Delegates Hartman, Campbell, Evans, A., Rowan,
Boggs and Lynch)
[Introduced February 22, 2013; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact §6-7-2a of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §29-18-4a, all relating to having the
salary of the executive director of the West Virginia State
Rail Authority set by the authority.
Be it enacted by the Legislature of West Virginia:
That §6-7-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §29-18-4a, all to read as
follows:
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 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.
The annual salary of each named appointive state officer is as
follows:
Commissioner, Division of Highways, $92,500; Commissioner,
Division of Corrections,$80,000; Director, Division of Natural
Resources, $75,000; Superintendent, State Police, $85,000;
Commissioner, Division of Banking, $75,000; Commissioner, Division
of Culture and History, $65,000; Commissioner, Alcohol Beverage
Control Commission, $75,000; Commissioner, Division of Motor
Vehicles, $75,000; Chairman, Health Care Authority, $80,000;
members, Health Care Authority, $70,000; Director, Human Rights
Commission, $55,000; Commissioner, Division of Labor, $70,000;
prior to July 1, 2011, Director, Division of Veterans Affairs,
$65,000; Chairperson, Board of Parole, $55,000; members, Board of
Parole, $50,000; members, Employment Security Review Board,
$17,000; and Commissioner, Workforce West Virginia, $75,000. Secretaries of the departments shall be paid an annual salary as
follows: Health and Human Resources, $95,000; Transportation,
$95,000: Provided, That if the same person is serving as both the
Secretary of Transportation and the Commissioner of Highways, he or
she shall be paid $120,000; Revenue, $95,000; Military Affairs and
Public Safety, $95,000; Administration, $95,000; Education and the
Arts, $95,000; Commerce, $95,000; Veterans' Assistance, $95,000;
and Environmental Protection,$95,000: Provided, however, That any
officer specified in this subsection whose salary is increased by
more than $5,000 as a result of the amendment and reenactment of
this section during the 2011 regular session of the Legislature
shall be paid the salary increase in increments of $5,000 per
fiscal year beginning July 1, 2011 up to 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
shall be paid an annual salary as follows:
Director, Board of Risk and Insurance Management, $80,000;
Director, Division of Rehabilitation Services, $70,000; Director,
Division of Personnel, $70,000; Executive Director, Educational
Broadcasting Authority, $75,000; Secretary, Library Commission,
$72,000; Director, Geological and Economic Survey, $75,000;
Executive Director, prosecuting attorneys Institute, $70,000;
Executive Director, Public Defender Services, $70,000; Commissioner, Bureau of Senior Services, $75,000; Director, State
Rail Authority, $65,000; Executive Director, Women's Commission,
$45,000; Director, Hospital Finance Authority, $35,000; member,
Racing Commission, $12,000; Chairman, Public Service Commission,
$85,000; members, Public Service Commission, $85,000; Director,
Division of Forestry, $75,000; Director, Division of Juvenile
Services, $80,000; and Executive Director, Regional Jail and
Correctional Facility Authority, $80,000.
(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.
The annual salary of each named appointive state officer shall
be as follows:
Commissioner, State Tax Division, $92,500; Insurance
Commissioner, $92,500; Director, Lottery Commission, $92,500;
Director, Division of Homeland Security and Emergency Management, $65,000; and Adjutant General, $125,000.
(d) No increase in the salary of any appointive state officer
pursuant to this section may 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 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 18. WEST VIRGINIA STATE RAIL AUTHORITY.
§29-18-4a. West Virginia State Rail Authority director's salary
set by the authority.
__(a) Notwithstanding any other provisions of this code to the
contrary, the salary of the Executive Director of the State Rail
Authority shall be set by the authority.
NOTE: The purpose of this bill is to permit the State Rail
Authority to set the salary of the executive director. It is now
set by statute.
Section 29-18-4a is new; therefore, it has been completely
underscored.