COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 309
(By Senators Bowman, Plymale, Oliverio and Sypolt)
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[Originating in the Committee on Government Organization;
reported January 31, 2008.]
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A BILL to amend and reenact §6-7-2a of the Code of West Virginia,
1931, as amended, relating to the terms of certain appointed
state officers; qualifications; powers and salaries of such
officers; and clarifying salary when one person is serving as
both the Secretary of Transportation and the Commissioner of
Highways.
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 to read as follows:
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.
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, Division of Highways, ninety-two thousand five
hundred dollars; Commissioner, Division of Corrections, eighty
thousand dollars; Director, Division of Natural Resources,
seventy-five thousand dollars; Superintendent, State Police,
eighty-five thousand dollars; Commissioner, Division of Banking,
seventy-five thousand dollars; Commissioner, Division of Culture
and History, sixty-five thousand dollars; Commissioner, Alcohol
Beverage Control Commission, seventy-five thousand dollars;
Commissioner, Division of Motor Vehicles, seventy-five thousand
dollars; Director, Division of Personnel, seventy thousand dollars;
Chairman, Health Care Authority, eighty thousand dollars; members,
Health Care Authority, seventy thousand dollars; Director, Human
Rights Commission, fifty-five thousand dollars; Commissioner,
Division of Labor, seventy thousand dollars; Director, Division of Veterans' Affairs, sixty-five thousand dollars; Chairperson, Board
of Parole, fifty-five thousand dollars; members, Board of Parole,
fifty thousand dollars; members, Employment Security Review Board,
seventeen thousand dollars; and Commissioner, Bureau of Employment
Programs, seventy-five thousand dollars. Secretaries of the
departments shall be paid an annual salary as follows: Health and
Human Resources, ninety-five thousand dollars; Transportation,
ninety-five thousand dollars:
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 one hundred
twenty thousand dollars; Revenue, ninety-five thousand dollars;
Military Affairs and Public Safety, ninety-five thousand dollars;
Administration, ninety-five thousand dollars; Education and the
Arts, ninety-five thousand dollars; Commerce, ninety-five thousand
dollars; and Environmental Protection, ninety-five thousand
dollars:
Provided, however, 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 or his or her successor
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 further, That
if the same person is serving as both the Secretary of
Transportation and the Commissioner of Highways, then the annual
increments of five thousand dollars per fiscal year do not apply.
(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 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 six and shall
thereafter, notwithstanding any other provision of this code to the
contrary, be paid an annual salary as follows:
Director, Board of Risk and Insurance Management, eighty
thousand dollars; Director, Division of Rehabilitation Services,
seventy thousand dollars; Executive Director, Educational
Broadcasting Authority, seventy-five thousand dollars; Secretary,
Library Commission, seventy-two thousand dollars; Director,
Geological and Economic Survey, seventy-five thousand dollars;
Executive Director, Prosecuting Attorneys Institute, seventy
thousand dollars; Executive Director, Public Defender Services,
seventy thousand dollars; Commissioner, Bureau of Senior Services,
seventy-five thousand dollars; Director, State Rail Authority,
sixty-five thousand dollars; Executive Director, Women's
Commission, forty-five thousand dollars; Director, Hospital Finance
Authority, thirty-five thousand dollars; member, Racing Commission,
twelve thousand dollars; Chairman, Public Service Commission,
eighty-five thousand dollars; members, Public Service Commission,
eighty-five thousand dollars; Director, Division of Forestry,
seventy-five thousand dollars; Director, Division of Juvenile
Services, eighty thousand dollars; and Executive Director, Regional
Jail and Correctional Facility 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 or his or her successor 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.
(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; Director, Division of
Homeland Security and Emergency Management, sixty-five thousand dollars; and Adjutant General, ninety-two thousand five hundred
dollars;
(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.
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(NOTE: The purpose of this bill is to increase the salary of
the Secretary of Transportation and the Commissioner of Highways
when one person is performing both duties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)