H. B. 4076
(By Delegate Cowles)
[Introduced January 17, 2008; referred to the
Committee on Finance.]
A BILL to amend and reenact §4-2A-4 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto
three new sections, designated §4-2A-2a, §4-2A-6a and
§4-2A-7a, all relating to the compensation and expenses of
senators;
increasing the basic compensation and expense
reimbursement for members of the Senate; providing a schedule
of payment for compensation; increasing the additional
compensation of presiding officers, majority and minority
leaders and specified committee chairs, as well as certain
other members to be designated by the presiding officers
;
increasing from four to six the number of
other members that
may be designated by the presiding officers
to receive extra
compensation and corresponding reimbursement of expenses;
removing certain limits on the number of days for which extra
compensation and expenses may be paid; and removing the requirement that to be compensated for additional days that
the legislative business for which the member is to be
compensated be performed in the Capitol.
Be it enacted by the Legislature of West Virginia:
That §4-2A-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto three new sections, designated §4-2A-2a, §4-2A-6a and
§4-2A-7a, all to read as follows:
ARTICLE 2A. COMPENSATION FOR AND EXPENSES OF MEMBERS OF THE
LEGISLATURE.
PART II. COMPENSATION.
§4-2A-2a. Basic compensation for State Senators; proration.
(a) Notwithstanding any other provisions of the code,
beginning in the calendar year two thousand eight and for each
calendar year after that, each member of the Senate shall receive
as basic compensation for his or her services the sum of twenty
thousand dollars per calendar year, to be paid as provided in
subsection (b) of this section. In addition to the basic
compensation, members shall receive the additional compensations as
are expressly provided in sections three, four and five of this
article. All other increased amounts or new amounts in respect to
the compensation or expenses of members of the Senate, set forth in
the resolution of the Citizens Legislative Compensation Commission,
dated the ninth day of January, two thousand seven, and implemented in sections two through eight of this article providing
new amounts or amounts increased to new amounts greater than those
in force and effect on the first day of January, two thousand six,
become effective for calendar year two thousand eight and each
calendar year after that.
(b) The basic compensation is payable as follows:
(1) In two thousand nine:
(A) Fifteen thousand dollars total in the months of January,
February and March, payable twice a month; and
(B) Six hundred twenty-five dollars in each of April, May,
June, July, August, September, October and November, payable once
a month;
(2) Beginning in two thousand eight, in all years except those
described in subdivision (3) of this subsection:
(A) Five thousand dollars in each of January, February and
March, payable twice a month; and
(B) Six hundred twenty-five dollars in each of April, May,
June, July, August, September, October and November, payable once
a month;
(3) In the year two thousand ten, and every fourth year after
that:
(A) Five thousand dollars in each of February, March and
April, payable twice a month; and
(B) Six hundred twenty-five dollars in each of January, May, June, July, August, September, October and November, payable once
a month.
(c) In the event of the death, resignation or removal of a
member of the Senate and the appointment and qualification of his
or her successor, the compensation provided in this section for the
month in which the death, resignation or removal of the member of
the Senate occurs shall be prorated between the original member and
his or her successor on the basis of the number of days served,
including Saturdays and Sundays in the month.
§4-2A-4. Additional compensation for President of Senate, Speaker
of House of Delegates, majority leaders, minority
leaders, certain committee chairs and selected members
of both houses.
(a) In addition to the basic and additional compensation
provided
for in sections two and three of this article, the
President of the Senate and the Speaker of the House of Delegates
shall each receive additional compensation of:
(1)
One hundred fifty dollars per day for each day actually
served during any regular, extension of regular or extraordinary
session as presiding officer, including Saturdays and Sundays; and
(2) One hundred fifty dollars per day
up to a maximum of
eighty days per calendar year for attending to legislative business
in their offices in the capitol building when the Legislature is
not in regular, extension of regular or extraordinary session and interim committees are not meeting.
(b) In addition to the basic and additional compensation
provided
for in sections two and three of this article, the
majority leaders and minority leaders of the Senate and of the
House of Delegates shall each receive additional compensation of
twenty-five fifty dollars per day for each day actually served
during any regular, extension of regular or during extraordinary
session, including Saturdays and Sundays, as the selected
legislative leaders of their respective political parties.
(c) The presiding officer and majority and minority leader
compensation shall be paid, from time to time, during any such
session or interim period, as the case may be, as may be prescribed
by rules established by the Legislative Auditor.
(d) In addition to the basic and additional compensation
provided
for in sections two and three of this article, the
chairpersons of the committees on finance and committees on the
judiciary of the respective houses and up to
four six additional
persons from each house, to be named by the presiding officer,
shall each receive an additional compensation of one hundred fifty
dollars per day up to a maximum of thirty days for attending to
legislative business
in their offices in the capitol building when
the Legislature is not in regular, extended or extraordinary
session and interim committees are not meeting.
PART III. EXPENSES.
§4-2A-6a. Travel expenses.
(a) Notwithstanding any other provisions of the code, each
member of the Senate is entitled to be reimbursed, upon submission
of an expense voucher, for expenses incurred incident to travel in
the performance of his or her duties as a member of the Senate or
any committee of the Senate, whether the committee is operating
under general law or resolution, including, but not limited to,
attendance at party caucuses held in advance of the date of the
assembly of the Senate in regular session in odd-numbered years for
the purpose of selecting candidates for officers of the two houses,
at a rate equal to that paid by the Travel Management Office of the
Department of Administration for the most direct usually traveled
route, if travel is by private automobile, or for actual
transportation costs for direct route travel, if travel is by
public carrier, or for any combination of those means of
transportation actually used, plus the cost of necessary taxi or
limousine service, tolls and parking fees in connection with the
travel, but during any regular, extension of regular or
extraordinary session, travel expenses shall not be paid to any
member for more than one round trip to and from the seat of
government and to and from his or her place of residence for each
week of the session.
(b) In addition to the travel expense in subsection (a) of
this section, the President of the Senate and the Speaker of the House of Delegates are entitled to be reimbursed as provided in
subsection (a) of this section, upon submission of an expense
voucher, for expenses incurred incident to travel which is related
to their duties as presiding officers of the respective houses of
the Senate, but which takes place when the Senate is not in
regular, extension of regular or extraordinary session and interim
committees are not meeting.
(c) The rate paid for mileage pursuant to this section may
change, from time to time, in accordance with changes in the
reimbursement rates established by the Travel Management Office of
the Department of Administration or its successor agency.
§4-2A-7a. Reimbursement for expenses incurred during any session
or interim assignment.
(a) Notwithstanding any other provisions of the code, each
member of the Senate who does not commute daily shall receive the
sum of one hundred thirty-one dollars per day as per diem allowance
in connection with any regular, extended, extraordinary session,
interim assignment or for any member authorized by the presiding
officer. Any member of the Senate who does commute daily shall
receive the sum of fifty-five dollars per day as the per diem
allowance and, in addition to the allowance, shall be reimbursed
for overnight commuting expenses at the mileage rate equal to the
amount paid by the Travel Management Office of the Department of
Administration for the most direct usually traveled route, if travel is by private automobile, or for actual transportation costs
for direct route travel, if travel is by public carrier, or for any
combination of the means of transportation actually used, plus the
costs of necessary taxi or limousine service, tolls and parking
fees in connection with the travel: Provided, That the total of
this per diem allowance plus travel expense for a daily commuting
member may not exceed one hundred thirty-one dollars per day. The
amount for mileage paid pursuant to this subsection may change,
from time to time, in accordance with changes in the level of
reimbursement by the Travel Management Office.
(b) The President of the Senate and the Speaker of the House
of Delegates, the Chairman of the House Committee on Finance, the
Chairman of the Senate Committee on Finance, the Chairman of the
House Committee on the Judiciary, the Chairman of the Senate
Committee on the Judiciary and up to six additional persons from
each house designated by the presiding officer pursuant to section
four of this article shall be reimbursed for travel at the rate
established in subsection (a) of this section and shall further
receive the per diem allowance established in the subsection in
connection with their visits to the Capitol for business which is
related to their duties as officers at the times when the Senate is
not in regular, extended or extraordinary session and interim
committees are not meeting.
NOTE: The purpose of this bill goes to the compensation and
expenses of legislators;
increasing the basic compensation and
expense reimbursement for members of the Senate; providing a
schedule of payment for compensation; increasing the additional
compensation of presiding officers, majority and minority leaders
and specified committee chairs, as well as certain other members to
be designated by the presiding officers
; increasing from four to
six the number of
other members that may be designated by the
presiding officers
to receive extra compensation and corresponding
reimbursement of expenses; removing certain limits on the number of
days for which extra compensation and expenses may be paid; and
removing the requirement that to be compensated for additional days
that the legislative business for which the member is to be
compensated be performed in the Capitol.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.