WEST virginia legislature

2026 regular session

Enrolled

Committee Substitute

for

Committee Substitute

for

Senate Bill 587

By Senators Clements, Chapman, Charnock, Deeds, Grady, Hamilton, Helton, Phillips, Takubo, Tarr, Thorne, Morris, Rose, Weld, Roberts, and Z. Maynard

[Passed March 14, 2026; to take effect July 1, 2026]

 

AN ACT to amend and reenact §7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as amended, relating to providing increased salaries for county commissioners, sheriffs, county clerks, circuit clerks, county assessors and prosecuting attorneys; making legislative findings; eliminating requirement for the Auditor to certify that the fiscal condition of the county has sufficiently improved over the previous fiscal years so that there exists an amount sufficient for payment of the increase in salaries and related employment taxes; and eliminating requirement that who desire to receive increased salary must prior to effective date of salary increase have filed in the office of clerk of the county commission his or her written request for the salary increase.

Be it enacted by the Legislature of West Virginia:

ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.

§7-7-1. Legislative findings and purpose.

 

(a) The Legislature finds that it has, since January 1, 2023, consistently and annually imposed upon the county commissioners, sheriffs, county and circuit clerks, assessors, and prosecuting attorneys in each county new and additional duties by the enactment of new provisions and amendments to this code. The new and additional duties imposed upon the aforesaid county officials by these enactments are such that they would justify the increases in compensation as provided in §7-7-4 of this code, without violating the provisions of W. Va. Const. Art. VI, §38.

(b) The Legislature further finds that there are, from time to time, additional duties imposed upon all county officials through the acts of the Congress of the United States and that such acts constitute new and additional duties for county officials and, as such, justify the increases in compensation as provided by §7-7-4 of this code, without violating the provisions of W. Va. Const. Art. VI, §38.

(c) The Legislature further finds that there is 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 are based, and the new and additional duties that each of these officials is required to perform as they serve the best interests of their respective counties. Inasmuch as the reappraisal of the property valuations in each county has now been accomplished, the Legislature finds that a change in classification of counties by virtue of increased property valuations will occur on an infrequent basis. However, it is the further 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 need for new services provided by county officials all increase, that the same constitute new and additional duties for county officials as their respective counties reach greater heights of economic development, as exemplified by the substantial increases in property valuations and, as such, justify the increases in compensation provided in §7-7-4 of this code, without violating the provisions of W. Va. Const. Art. VI, §38.

(d) The Legislature further finds and declares that the amendments enacted 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.

 

§7-7-4. Compensation of elected county officials and county commissioners for each class of county; effective date.

 

(1) The increased salaries to be paid to the county commissioners and the other elected county officials described in this section on and after July 1, 2014, on and after July 1, 2022, and on and after July 1, 2026, are set out in subsections  (2) and  (4) of this section. Every county commissioner and elected county official in each county, whose term of office commenced prior to or on or after July 1, 2014, shall receive the same annual salary by virtue of legislative findings of extra duties as set forth in §7-7-1 of this code.

(2) Prior to July 1, 2014:

COUNTY COMMISSIONERS

Class I $36,960

Class II $36,300

Class III $35,640

Class IV $34,980

Class V $34,320

Class VI $28,380

Class VII $27,720

Class VIII $25,080

Class IX $24,420

Class X $19,800

After June 30, 2014:

COUNTY COMMISSIONERS

Class I $41,395

Class II $40,656

Class III $39,917

Class IV $39,178

Class V $38,438

Class VI $31,786

Class VII $31,046

Class VIII $28,090

Class IX $27,350

Class X $22,176

After June 30, 2022:

COUNTY COMMISSIONERS

Class I $45,535

Class II $44,722

Class III $43,909

Class IV $43,096

Class V $42,282

Class VI $34,965

Class VII $34,151

Class VIII $30,899

Class IX $30,085

Class X $24,394

After June 30, 2026:

COUNTY COMMISSIONERS

Class I $47,812

Class II $46,958

Class III $46,104

Class IV $45,251

Class V $44,396

Class VI $36,713

Class VII $35,859

Class VIII $32,444

Class IX $31,589

Class X $25,614

(3) For the purpose of determining the salaries to be paid to the elected county officials of each county, the salaries for each county office by class, set out in subsection  (4) of this section, are established and shall be used by each county commission in determining the salaries of each of their county officials other than salaries of members of the county commission.

(4) Prior to July 1, 2014:

OTHER ELECTED OFFICIALS

 

Sheriff

County Clerk

Circuit Clerk

Assessor

Prosecuting Attorney

Class I

$44,880

$55,440

$55,440

$44,880

$96,600

Class II

$44,220

$54,780

$54,780

$44,220

$94,400

Class III

$43,890

$53,460

$53,460

$43,890

$92,200

Class IV

$43,560

$53,154

$53,154

$43,560

$90,000

Class V

$43,230

$52,800

$52,800

$43,230

$87,800

Class VI

$42,900

$49,500

$49,500

$42,900

$59,400

Class VII

$42,570

$48,840

$48,840

$42,570

$56,760

Class VIII

$42,240

$48,180

$48,180

$42,240

$54,120

Class IX

$41,910

$47,520

$47,520

$41,910

$50,160

Class X

$38,280

$42,240

$42,240

$38,280

$46,200

After June 30, 2014:

OTHER ELECTED OFFICIALS

 

Sheriff

County Clerk

Circuit Clerk

Assessor

Prosecuting Attorney

Class I

$50,266

$62,093

$62,093

$50,266

$108,192

Class II

$49,526

$61,354

$61,354

$49,526

$105,728

Class III

$49,157

$59,875

$59,875

$49,157

$103,264

Class IV

$48,787

$59,536

$59,536

$48,787

$100,800

Class V

$48,418

$59,136

$59,136

$48,418

$98,336

Class VI

$48,048

$55,440

$55,440

$48,048

$66,528

Class VII

$47,678

$54,701

$54,701

$47,678

$63,571

Class VIII

$47,309

$53,962

$53,962

$47,309

$60,614

Class IX

$46,939

$53,222

$53,222

$46,939

$56,179

Class X

$42,874

$47,309

$47,309

$42,874

$51,744

After June 30, 2022:

OTHER ELECTED OFFICIALS

 

Sheriff

County Clerk

Circuit Clerk

Assessor

Prosecuting Attorney

Class I

$56,793

$68,302

$68,302

$56,793

$119,011

Class II

$55,979

$67,489

$67,489

$55,979

$116,301

Class III

$55,573

$65,863

$65,863

$55,573

$113,590

Class IV

$55,166

$65,485

$65,485

$55,166

$110,880

Class V

$54,760

$65,050

$65,050

$54,760

$108,170

Class VI

$54,353

$60,984

$60,984

$53,853

$73,181

Class VII

$53,946

$60,171

$60,171

$53,446

$69,928

Class VIII

$53,540

$59,358

$59,358

$52,940

$66,675

Class IX

$53,133

$58,544

$58,544

$52,533

$61,797

Class X

$48,661

$52,040

$52,040

$47,811

$56,918

After June 30, 2026:

OTHER ELECTED OFFICIALS

 

Sheriff

County Clerk

Circuit Clerk

Assessor

Prosecuting Attorney

Class I

$59,633

 $71,717

 $71,717

 $59,633

 $124,962

Class II

 $58,778

 $70,863

 $70,863

 $58,778

 $122,116

Class III

 $58,352

 $69,156

 $69,156

 $58,352

 $119,270

Class IV

 $57,924

 $68,759

 $68,759

 $57,924

 $116,424

Class V

 $57,498

 $68,303

 $68,303

 $57,498

 $113,579

Class VI

 $57,071

 $64,033

 $64,033

 $56,546

 $76,840

Class VII

 $56,643

 $63,180

 $63,180

 $56,118

 $73,424

Class VIII

 $55,167

 $62,326

 $62,326

 $55,587

 $70,009

Class IX

 $55,790

 $61,471

 $61,471

 $55,160

 $64,887

Class X

 $51,094

 $54,642

 $54,642

 $50,202

 $59,764

(5) Any county clerk, circuit clerk, county assessor, prosecuting attorney, or sheriff of a Class I through Class V county, inclusive, any assessor or any sheriff of a Class VI through Class IX county, inclusive, shall devote full time to his or her public duties to the exclusion of any other employment: Provided, That any public official whose term of office begins when his or her county’s classification imposes no restriction on his or her outside activities may not be restricted on his or her outside activities during the remainder of the term for which he or she is elected.

The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.

 

 

...............................................................

Clerk of the Senate

 

 

...............................................................

Clerk of the House of Delegates

               

 

 

Originated in the Senate.

 

To take effect July 1, 2026.

 

 

 

 

...............................................................

President of the Senate

 

 

...............................................................

Speaker of the House of Delegates

 

 

__________

 

 

 

The within is ................................................ this the...........................................

 

Day of ..........................................................................................................., 2026.

 

 

.............................................................

Governor