H. B. 2697
(By Delegates Sprouse, G. Martin, Louisos, Pulliam,
Hutchins and Hall)
[Introduced February 23, 1995; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact sections two, three, four, five, six,
seven and eight, article two-a, chapter four of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended; and to further amend said article by adding thereto
a new section, designated section nine, relating to
providing that members of the Legislature receive nine
thousand five hundred dollars as basic compensation and to
roll back all other increases involving reimbursement for
costs or expenses or other benefits, such as allotments for
meals and lodging to pre-nineteen ninety-four levels.
Be it enacted by the Legislature of West Virginia:
That sections two, three, four, five, six, seven and eight, article two-a, chapter four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted; and that said article be amended by adding thereto a
new section, designated section nine, to read as follows:
ARTICLE 2A. COMPENSATION FOR AND EXPENSES OF MEMBERS OF THE
LEGISLATURE.
PART II. COMPENSATION.
§4-2A-2. Basic compensation for services; proration.
(a) Each member of the Legislature shall receive as basic
compensation for his or her services the sum of six thousand five
hundred dollars per calendar year. Beginning in the calendar
year one thousand nine hundred ninety-five ninety-six, and for
each calendar year thereafter, each member of the Legislature
shall receive as basic compensation for his or her services the
sum of fifteen nine thousand five hundred dollars. In addition
to such basic compensation, members shall receive the additional
compensations as are expressly provided for in sections three,
four and five of this article. The increased basic compensation
as set forth in this subsection and all other increased amounts
or new amounts in respect to the compensation or expenses of
members of the Legislature, set forth in the resolution of the citizens legislative compensation commission, dated the third day
of March, one thousand nine hundred ninety-four, and implemented
in sections two through eight of this article providing for new
amounts or amounts increased to new amounts greater than those in
force and effect on the first day of January, one thousand nine
hundred ninety-four, shall all become effective only for calendar
year one thousand nine hundred ninety-five, and each calendar
year thereafter.
(b) The basic compensation shall be payable twice a month
during each regular session of the Legislature, without regard to
any extension of such regular session. In the event of the
death, resignation or removal of a member of the Legislature
during a regular session of the Legislature and the appointment
and qualification of his or her successor during any such regular
session, the basic compensation provided for in this section
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) as a member of the Legislature by each during such regular session of sixty calendar days.
(c) In the event of the death, resignation or removal of a
member of the Legislature and the appointment and qualification
of his or her successor subsequent to the regular session of the
Legislature held in the calendar year in which such successor was
appointed and qualified, none of the basic compensation provided
for in this section shall be paid to such successor.
§4-2A-3. Compensation for members of the Legislature during any
extension of regular session or during extraordinary
session.
Each member of the Legislature shall receive, in addition to
the basic compensation provided for in section two of this
article, additional compensation of one hundred dollars fifty
dollars per day for each day of attendance in person upon any
business of the Senate or House of Delegates, as the case may be,
on each day upon which said Senate or House of Delegates is
actually called to order during each extension of regular session
or during extraordinary session of the Legislature. Such
additional compensation shall be paid from time to time during any such extended session or extraordinary session, as may be
prescribed by rules established by the legislative auditor.
§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) 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 dollars per day up to a maximum of eighty
such 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 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) Such 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 additional
persons from each house, to be named by the presiding officer,
shall each receive an additional compensation of one hundred
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.
§4-2A-5. Interim compensation for members.
In addition to the basic and any additional compensation
provided for in sections two, three and four of this article,
each member shall receive interim compensation of one hundred
fifty dollars per day for each day actually engaged in the
performance of interim duties as a member of any interim
committee between regular sessions of the Legislature: Provided,
That the total additional interim compensation payable to any
member and his replacement, if any, on a committee or commission
under the provisions of this section shall not exceed the sum of
three thousand five hundred dollars per calendar year.
PART III. EXPENSES.
§4-2A-6. Travel expenses.
Each member of the Legislature shall be 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 Legislature or any committee of the
Legislature, whether such 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
Legislature 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 twenty cents per mile 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
such means of transportation actually used, plus the cost of
necessary taxi or limousine service, tolls and parking fees in
connection therewith, 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 any such session.
In addition to the above travel expense, the president of
the Senate and the speaker of the House of Delegates shall be
entitled to be reimbursed as provided above, upon submission of
an expense voucher, for expenses incurred incident to travel for
up to a maximum of eighty days per calendar year in connection
with their visits to the capitol building for business which is
related to their duties as presiding officers of the respective
houses of the Legislature, but which takes place when the
Legislature is not in regular, extension of regular or
extraordinary session and interim committees are not meeting.
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,
or its successor agency.
§4-2A-7. Reimbursement for expenses incurred during any session.
In addition to reimbursement for any travel expenses, as
provided for in section six of this article, each member of the
Legislature shall also be entitled to be reimbursed, upon submission of an expense voucher therefor, for all reasonable and
necessary expenses actually incurred in connection with any
regular, extension of regular or extraordinary session of the
Legislature, but the total of any and all such reimbursed
expenses, exclusive of reimbursement for any such travel expenses
as aforesaid, shall not exceed housing expenses of forty dollars
per day and meal and miscellaneous expenses of thirty dollars per
day. An additional housing expense allowance of twenty-five
dollars per day shall be received by the president of the Senate
and the speaker of the House of Delegates, but only during the
regular or an extension of the regular sessions of the
Legislature. A receipt for the amount paid for housing expenses
shall be submitted with the expense voucher, but a receipt shall
not be required to be submitted with any such expense voucher for
meal and miscellaneous expenses. The Legislature may provide for
direct billing of housing expenses of legislators to be made to
the Legislature from recognized hotels or motels. In lieu of
reimbursement for housing expenses pursuant to the provisions of this section, any member of the Legislature shall be entitled to
be reimbursed, upon submission of an expense voucher, for
expenses incurred incident to daily travel to and from his place
of residence and to and from the seat of government at a rate of
twenty cents per mile for the most direct usually traveled route,
but such total of such daily travel expenses shall not exceed
forty dollars per night.
§4-2A-8. Out-of-state expenses.
In addition to reimbursement for travel expenses as
authorized in section six of this article, each member of the
Legislature traveling from West Virginia to an out-of-state point
or points and returning incident to the performance of his or her
duties as a member of the Legislature or any committee of the
Legislature, whether such committee is operating under general
law or resolution, which travel has been duly authorized, shall
be entitled to be reimbursed, upon submission of an expense
voucher therefor, for all reasonable and necessary expenses
actually incurred incident thereto, but the total of any and all
such reimbursed expenses, exclusive of reimbursement for such travel expenses, shall not under any circumstances exceed the
actual cost of housing at the least expensive available single
rate and meal and miscellaneous expenses of
forty-five thirty
dollars per day. A receipt for the amount paid for housing and
for travel by any public transportation to and from West Virginia
shall be submitted with the expense voucher, but a receipt shall
not be required to be submitted with any such expense voucher for
meal and miscellaneous expenses.
§4-2A-9. Interim expenses.
In addition to reimbursement for any travel expenses and any
such reimbursement for any and all such session expenses as
provided for in sections six and seven of this article, each
member of the Legislature serving as a member of any committee of
the Legislature established by and operating under general law
and designated for the performance of interim assignments by the
Legislature or otherwise duly authorized to perform interim
assignments between regular sessions of the Legislature shall
also be entitled to be reimbursed, upon submission of an expense
voucher therefor, for all reasonable and necessary expenses actually incurred incident to the performance of duties as a
member of any such committee, but the total of any and all such
reimbursed interim expenses, exclusive of reimbursement for any
such travel and session expenses as aforesaid, shall not under
any circumstances exceed housing expenses of forty dollars per
day and meal and miscellaneous expenses of thirty dollars per day
for each day actually engaged in the performance of interim
duties as a member of any such committee. The president of the
Senate and the speaker of the House of Delegates shall be
entitled to be reimbursed for housing expenses and for meal and
miscellaneous expenses incurred in connection with their visits
to the capitol building for business which is related to their
duties as presiding officers of the respective houses of the
Legislature, but which takes place when the Legislature is not in
regular or extraordinary session and interim committees are not
meeting, not to exceed housing expenses of forty dollars per day
and meal and miscellaneous expenses of thirty dollars per day up
to a maximum of eighty such days per calendar year. A receipt for the amount paid for housing shall be submitted with the expense
voucher, but a receipt shall not be required to be submitted with
any such expense voucher for meal and miscellaneous expenses. In
lieu of reimbursement for housing expenses pursuant to the
provisions of this section, any member of the Legislature shall
be entitled to be reimbursed, upon submission of an expense
voucher, for expenses incurred incident to daily travel to and
from his place of residence and to and from the seat of
government at a rate of twenty cents per mile for the most direct
usually traveled route, but the total of such daily travel
expenses shall not exceed forty dollars per night.
NOTE: The purpose of this bill is to provide that members
of the Legislature receive $9,500 basic compensation for service
and that all other provisions that address reimbursement for
costs or expenses or the provision of allotments for meals,
travel or lodging, be rolled back to pre 1994 levels.
Section 9 is new while section 7 has been completely
rewritten; therefore, strike-throughs and underscoring have been
omitted.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that would be added.
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