Senate Bill No. 382
(By Senators Tomblin, Wooton, Jackson, Wagner, Manchin,
Anderson, Bailey, Schoonover,
Plymale, Dittmar and Yoder)
____________
[Introduced February 13, 1996;
referred to the Committee on Government Organization;
and then to the Committee on Finance.]
____________
A BILL to repeal sections five and six, article seven, chapter
seven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact sections one,
three, four and six-b of said article; and to further amend
said article by adding thereto a new section, designated
section four-a, all relating to the classification of counties
and the compensation of elected county officials and county
commissioners as related to the classification system.
Be it enacted by the Legislature of West Virginia:
That section six, article seven, chapter seven of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
repealed; and that sections one, three, four and six-b of said
article, be amended and reenacted; and that said article be further
amended by adding thereto a new section, designated section four-a,
all to read as follows:
ARTICLE 7. TRAINING PROGRAMS FOR COUNTY EMPLOYEES, ETC.;
COMPENSATION OF ELECTED COUNTY OFFICIALS; COUNTY ASSISTANTS, DEPUTIES AND EMPLOYEES, THEIR NUMBER AND COMPENSATION.
§7-7-1. Legislative findings and purpose.
The Legislature hereby takes cognizance of the provisions of
chapter twenty-three, acts of the Legislature, regular session, one
thousand nine hundred seventy-one, as partially amended by chapter
thirteen, acts of the Legislature, first extraordinary session, one
thousand nine hundred seventy-one, and the decision of the supreme
court of appeals, Case No. 13156, decided by the supreme court on
February twenty-two, one thousand nine hundred seventy-two, and the
conclusions set forth in the opinion of the court in said
proceeding.
The Legislature hereby finds as a fact that the Legislature
did impose upon the county commissioners in each county broad new
and additional duties by the enactment of committee substitute for
house bill number three, passed in special session November three,
one thousand nine hundred seventy-one, and that the new and
additional duties of county commissioners under said act will begin
with the organizational meetings of the various regional planning
and development councils during the month of May, one thousand nine
hundred seventy-two. The Legislature hereby finds as a fact that
the new and additional duties imposed under the provisions of the
aforementioned house bill number three, are such that they would
justify the increase in compensation as provided in section five-a,
article one of this chapter without being in violation of the
provisions of section thirty-eight, article six of the constitution
of West Virginia.
The Legislature hereby further finds, as a fact, that the
duties required by sections three-q and three-r, article one,
chapter seven as herein provided, constitute new and additional
duties for county commissioners and as such justify the increased
compensation provided by section five-a, article one, chapter seven
without violating the provisions of section thirty-eight, article
six of the constitution of West Virginia.
The Legislature hereby further finds as a fact that the duties
imposed upon county clerks by the provisions of section three-q,
article one, chapter seven, as herein provided, constitute new and
additional duties for county clerks and as such justify the
additional compensation provided by section five of this article
without violating the provisions of section thirty-eight, article
six of the constitution of West Virginia.
The Legislature hereby further finds as a fact that the duties
imposed upon circuit clerks by the provisions of section three-r,
article one, chapter seven, as herein provided, constitute new and
additional duties for circuit clerks and as such justify the
additional compensation provided by section six of this article
without violating the provisions of section thirty-eight, article
six of the constitution of West Virginia.
The Legislature hereby finds that it has consistently and
annually imposed upon the county commissioners, sheriffs, county
and circuit clerks, assessors and prosecuting attorneys in each
county broad, 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 sections four and five of this article,
without violating the provisions of section 38, article VI of the
Constitution of West Virginia.
The Legislature hereby 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
sections four and five of this article, without violating the
provisions of section 38, article VI of the Constitution of West
Virginia.
The Legislature hereby 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 of 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
sections four and five of this article, without violating the
provisions of section 38, article VI of the Constitution of West
Virginia.
The Legislature hereby further finds and declares that the
amendments made by this act 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.
The Legislature hereby further finds and declares that the
amendments made by this act 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.
§7-7-3. Classification of counties for purpose of determining
compensation of elected county officials.
For the purpose of determining the compensation of elected
county officials, the counties of the State of West Virginia are
hereby grouped into seven classes based on their assessed valuation of property, all classes. These seven classes and the minimum and
maximum valuation of property, all classes, established to
determine the classification of each county are as
follows:
Minimum Assessed
Maximum Assessed
Valuation of PropertyValuation of Property
ClassAll ClassesAll Classes
Class I$600,000,000No Limit
Class II$450,000,000$599,999,999
Class III$200,000,000$449,999,999
Class IV$100,000,000$199,999,999
Class V$ 50,000,000$ 99,999,999
Class VI$ 15,000,000$ 49,999,999
Class VII$ 0$ 14,999,999
The assessed valuation of property, all classes, that shall be
used as the base to determine the class of a county shall be the
assessed valuation of property, all classes, of the county as
certified by the county assessor, state auditor and county clerk
prior to March twenty-nine, one thousand nine hundred seventy-two.
Prior to March twenty-nine, one thousand nine hundred seventy-
four, and each second year thereafter, the county court [county
commission] of each county, shall determine if the assessed
valuation of property, all classes, of the county, as certified by
the county assessor, state auditor, and county clerk, is within the
minimum and maximum limits of a class above or below the class in
which the county then is. If the county court so determines, it
shall record the new classification of the county with the state auditor and state tax commissioner and record its action on its
county court [county commission] record.
The classification of each county shall be subject to review
by the state tax commissioner. He shall determine if the
classification of each county is correct based on the final
assessed valuation of property, all classes, certified to him by
the county assessor, state auditor and county clerk. If he finds
that a county is incorrectly classified he shall notify the county
court [county commission] of that county promptly of his finding
and in any case shall notify the county court prior to June
thirtieth of that current fiscal year. Any county court [county
commission] so notified shall correct its classification
immediately and make any necessary corrections in the salaries of
its elected county officials for the next fiscal year. Nothing in
this section shall be construed as authorizing an increase in
compensation except at such time as the affected county officer
begins a new term of office.
(a) Prior to the effective date of subsection (b) of this
section, the former provisions of this section as they existed on
the first day of January, one thousand nine hundred ninety-six,
remain in effect.
(b) Effective the first day of July, one thousand nine hundred
ninety-six and thereafter, for the purpose of determining the
compensation of elected county officials, the counties of the state
of West Virginia will be grouped into four classes based on their
assessed valuation of property, all classes. These four classes and the minimum and maximum valuation of property, all classes,
established to determine the classification of each county are as
follows:
Minimum Assessed Maximum Assessed
Valuation of Property Valuation of Property
Class All Classes All Classes
Class I $ 2,000,000,000 No Limit
Class II $ 600,000,000 $1,999,999,999
Class III $ 300,000,000 $ 599,999,999
Class IV $ -0- $ 299,999,999
The assessed valuation of property, all classes, on the first
day of July, one thousand nine hundred ninety-six, shall be used as
the basis to determine the class of a county as certified by the
county assessor, state auditor and county clerk prior to the
twenty-ninth day of March, one thousand nine hundred ninety-six.
Prior to the twenty-ninth day of March, one thousand nine
hundred ninety-eight, and each second year thereafter, the county
commission of each county, shall determine if the assessed
valuation of property, all classes, of the county, as certified by
the county assessor, state auditor and county clerk is within the
minimum and maximum limits of a class above or below the class in
which the county then is. If the county commission so determines,
it shall record the new classification of the county with the state
auditor and state tax commissioner and record its action on its
county commission record.
The classification of each county shall be subject to review by the state tax commissioner. He shall determine if the
classification of each county is correct based on the final
assessed valuation of property, all classes, certified to him by
the county assessor, state auditor and county clerk. If he finds
that a county is incorrectly classified he shall notify the county
commission of that county property of his finding and in any case
shall notify the county prior to the thirtieth day of June of that
current fiscal year. Any county commission so notified shall
correct its classification immediately and make any necessary
corrections in the salaries of its elected county officials for the
next fiscal year.
§7-7-4. Compensation of elected county officials and county
commissioners for each class of county; effective date.
(a) (1) All county commissioners shall be paid compensation
out of the county treasury in amounts and according to the schedule
hereafter set forth for each class of county as determined by the
provisions of section three of this article: Provided, That as to
any county having a tribunal in lieu of a county commission, the
county commissioners of the county may be paid less than the
minimum compensation limits of the county commission for the
particular class of such county.
Class I$20,000
Class II$15,500
Class III$14,000
Class IV$10,000
Class V$ 7,000
Class VI$ 4,000
The compensation hereinabove provided shall be paid on and
after the first day of January, one thousand nine hundred
eighty-five, to each county commissioner. Within each county,
every county commissioner whose term of office commenced prior to
the first day of January, one thousand nine hundred eighty-five,
shall receive the same annual compensation as commissioners
commencing a term of office on or after that date by virtue of the
new duties imposed upon county commissioners pursuant to the
provisions of chapter fifteen, acts of the Legislature, first
extraordinary session, one thousand nine hundred eighty-three.
(2) For the purpose of determining the compensation to be paid
to the elected county officials of each county, the following
compensations for each county office by class are hereby
established and shall be used by each county commission in
determining the compensation of each of their county officials
other than compensation of members of the county commission:
CountyCircuitProsecuting
SheriffClerkClerkAssessorAttorney
Class I$24,200$31,300$31,300$24,200$41,500
Class II$24,200$28,000$28,000$24,200$39,500
Class III$24,200$28,000$28,000$24,200$30,000
Class IV$22,300$24,000$24,000$22,300$26,500
Class V$20,400$22,000$22,000$20,400$23,500
Class VI$17,200$17,200$17,200$17,200$17,000
Any county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, county assessor, sheriff and
prosecuting attorney of a Class I county, any assessor of a Class
II and Class III county, any sheriff of a Class II and Class III
county and any prosecuting attorney of a Class II county 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, shall not
be restricted on his or her outside activities during the remainder
of the term for which he or she is elected. The compensation
hereinabove provided shall be paid on and after the first day of
January, one thousand nine hundred eighty-five, to each elected
county official.
In the case of a county that has a joint clerk of the county
commission and circuit court, the compensation of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
compensation would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
The Legislature finds, as a fact, that the duties imposed upon
county clerks by the provisions of chapter sixty-four, acts of the
Legislature, regular session, one thousand nine hundred eighty-two,
and by chapter fifteen, acts of the Legislature, first
extraordinary session, one thousand nine hundred eighty-three,
constitute new and additional duties for county clerks and as such
justify the additional compensation provided in this section
without violating the provisions of section thirty-eight, article VI of the constitution of West Virginia.
The Legislature further finds as a fact that the duties
imposed upon circuit clerks by the provisions of chapters sixty-one
and one hundred eighty-two, acts of the Legislature, regular
session, one thousand nine hundred eighty-one, and by chapter
sixty, acts of the Legislature, regular session, one thousand nine
hundred eighty-three, constitute new and additional duties for
circuit clerks and as such justify the additional compensation
provided by this section without violating the provisions of
section thirty-eight, article VI of the constitution of West
Virginia.
(b) Prior to the primary election in the year one thousand
nine hundred ninety-two, and for the fiscal year beginning on the
first day of July, one thousand nine hundred ninety-two, or for any
subsequent fiscal year if the approval set out herein is not
granted for any fiscal year, and at least thirty days prior to the
meeting to approve the county budget, the commission shall provide
notice to the public of the date and time of the meeting and that
the purpose of the meeting of the county commission is to decide
upon their budget certification to the tax department. Upon
submission by the county commission to the chief inspector division
of the department of tax and revenue of a proposed annual budget
which contains anticipated receipts into the county's general
revenue fund, less anticipated moneys from the unencumbered fund
balance, equal to anticipated receipts into the county's general
revenue fund, less anticipated moneys from the unencumbered fund balance and any federal or state special grants, for the
immediately preceding fiscal year, plus such additional amount as
is necessary for payment of the increases in the salaries set out
herein and related employment taxes over that paid for the
immediately preceding fiscal year, and upon approval thereof by the
chief inspector, which approval shall not be granted for any
proposed annual budget containing anticipated receipts which are
unreasonably greater or lesser than that of the immediately
preceding fiscal year, for the purpose of determining the
compensation to be paid to the elected county officials of each
county office by class are hereby established and shall be used by
each county commission in determining the compensation of each of
their county officials: Provided, That as to any county having a
tribunal in lieu of a county commission, the county commissioners
of the county may be paid less than the minimum compensation limits
of the county commission for the particular class of the county.
COUNTY COMMISSIONERS
Class I$24,000
Class II$18,600
Class III$16,800
Class IV$12,000
Class V$ 8,400
If the approval set out hereinabove is granted, the
compensation hereinabove provided shall be paid on and after the
first day of January, one thousand nine hundred ninety-three, to
each county commissioner. Within each county, every county commissioner shall receive the same annual compensation by virtue
of the new duties imposed upon county commissioners pursuant to the
provisions of chapter one hundred seventy-two, acts of the
Legislature, second regular session, one thousand nine hundred
ninety, and chapter five, acts of the Legislature, third
extraordinary session, one thousand nine hundred ninety.
OTHER ELECTED OFFICIALS
CountyCircuitProsecuting
SheriffClerkClerk AssessorAttorney
Class I$29,040$37,560$37,560$29,040$59,500
Class II$29,040$33,600$33,600$29,040$59,500
Class III$29,040$33,600$33,600$29,040$36,000
Class IV$26,760$28,800$28,800$26,760$31,800
Class V$24,480$26,400$26,400$24,480$28,200
Class VI$24,480$26,400$26,400$24,480$28,200
Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor, sheriff and
prosecuting attorney of a Class I county, any assessor of a Class
II and Class III county, any sheriff of a Class II and Class III
county and any prosecuting attorney of a Class II county 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, shall not
be restricted on his or her outside activities during the remainder
of the term for which he or she is elected. If the approval set out hereinabove is granted, the compensation hereinabove provided
shall be paid on and after the first day of January, one thousand
nine hundred ninety-three, to each elected county official.
In the case of a county that has a joint clerk of the county
commission and circuit court, the compensation of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
compensation would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
Prior to the primary election in the year one thousand nine
hundred ninety-two, in the case of a Class III, Class IV or Class
V county which has a part-time prosecuting attorney, the county
commission may find that such facts and circumstances exist that
require the prosecuting attorney to devote full time to his or her
public duties for the four-year term, beginning the first day of
January, one thousand nine hundred ninety-three. If the county
commission makes such a finding, it may by proper order adopted and
entered, require the prosecuting attorney who takes office on the
first day of January, one thousand nine hundred ninety-three, to
devote full time to his or her public duties and the county
commission shall then compensate said prosecuting attorney at the
same rate of compensation as that of a prosecuting attorney in a
Class II county.
For any county: (1) Which on and after the first day of July,
one thousand nine hundred ninety-four, is classified as a Class II
county; and (2) which prior to such date was classified as a Class
III, Class IV or Class V county and maintained a part-time prosecuting attorney, the county commission may elect to maintain
the prosecuting attorney as a part-time prosecuting attorney:
Provided, That prior to the first day of January, one thousand nine
hundred ninety-six, the county commission shall make a finding, by
proper order and entered, whether to maintain a full-time or
part-time prosecuting attorney. The part-time prosecuting attorney
shall be compensated at the same rate of compensation as that of a
prosecuting attorney in the class for the county prior to being
classified as a Class II county.
(a) (1) All county commissioners shall be paid compensation
out of the county treasury in amounts and according to the schedule
hereafter set forth for each class of county as determined by the
provisions of section three of this article: Provided, That as to
any county having a tribunal in lieu of a county commission, the
county commissioners of the county may be paid less than the
minimum compensation limits of the county commission for the
particular class of such county.
Class I$20,000
Class II$15,500
Class III$14,000
Class IV$10,000
Class V$ 7,000
Class VI$ 4,000
The compensation hereinabove provided shall be paid on and
after the first day of January, one thousand nine hundred
eighty-five, to each county commissioner. Within each county, every county commissioner whose term of office commenced prior to
the first day of January, one thousand nine hundred eighty-five,
shall receive the same annual compensation as commissioners
commencing a term of office on or after that date by virtue of the
new duties imposed upon county commissioners pursuant to the
provisions of chapter fifteen, acts of the Legislature, first
extraordinary session, one thousand nine hundred eighty-three.
(2) For the purpose of determining the compensation to be paid
to the elected county officials of each county, the following
compensations for each county office by class are hereby
established and shall be used by each county commission in
determining the compensation of each of their county officials
other than compensation of members of the county commission:
CountyCircuitProsecuting
SheriffClerkClerkAssessorAttorney
Class I$24,200$31,300$31,300$24,200$41,500
Class II$24,200$28,000$28,000$24,200$39,500
Class III$24,200$28,000$28,000$24,200$30,000
Class IV$22,300$24,000$24,000$22,300$26,500
Class V$20,400$22,000$22,000$20,400$23,500
Class VI$17,200$17,200$17,200$17,200$17,000
Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor, sheriff and
prosecuting attorney of a Class I county, any assessor of a Class
II and Class III county, any sheriff of a Class II and Class III
county and any prosecuting attorney of a Class II county 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, shall not
be restricted on his or her outside activities during the remainder
of the term for which he or she is elected. The compensation
hereinabove provided shall be paid on and after the first day of
January, one thousand nine hundred eighty-five, to each elected
county official.
In the case of a county that has a joint clerk of the county
commission and circuit court, the compensation of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
compensation would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
The Legislature finds, as a fact, that the duties imposed upon
county clerks by the provisions of chapter sixty-four, acts of the
Legislature, regular session, one thousand nine hundred eighty-two,
and by chapter fifteen, acts of the Legislature, first
extraordinary session, one thousand nine hundred eighty-three,
constitute new and additional duties for county clerks and as such
justify the additional compensation provided in this section
without violating the provisions of section thirty-eight, article
VI of the constitution of West Virginia.
The Legislature further finds as a fact that the duties
imposed upon circuit clerks by the provisions of chapters sixty-one
and one hundred eighty-two, acts of the Legislature, regular session, one thousand nine hundred eighty-one, and by chapter
sixty, acts of the Legislature, regular session, one thousand nine
hundred eighty-three, constitute new and additional duties for
circuit clerks and as such justify the additional compensation
provided by this section without violating the provisions of
section thirty-eight, article VI of the constitution of West
Virginia.
(b) Prior to the primary election in the year one thousand
nine hundred ninety-two, and for the fiscal year beginning on the
first day of July, one thousand nine hundred ninety-two, or for any
subsequent fiscal year if the approval set out herein is not
granted for any fiscal year, and at least thirty days prior to the
meeting to approve the county budget, the commission shall provide
notice to the public of the date and time of the meeting and that
the purpose of the meeting of the county commission is to decide
upon their budget certification to the tax department. Upon
submission by the county commission to the chief inspector division
of the department of tax and revenue of a proposed annual budget
which contains anticipated receipts into the county's general
revenue fund, less anticipated moneys from the unencumbered fund
balance, equal to anticipated receipts into the county's general
revenue fund, less anticipated moneys from the unencumbered fund
balance and any federal or state special grants, for the
immediately preceding fiscal year, plus such additional amount as
is necessary for payment of the increases in the salaries set out
herein and related employment taxes over that paid for the immediately preceding fiscal year, and upon approval thereof by the
chief inspector, which approval shall not be granted for any
proposed annual budget containing anticipated receipts which are
unreasonably greater or lesser than that of the immediately
preceding fiscal year, for the purpose of determining the
compensation to be paid to the elected county officials of each
county office by class are hereby established and shall be used by
each county commission in determining the compensation of each of
their county officials: Provided, That as to any county having a
tribunal in lieu of a county commission, the county commissioners
of the county may be paid less than the minimum compensation limits
of the county commission for the particular class of the county.
COUNTY COMMISSIONERS
Class I$24,000
Class II$18,600
Class III$16,800
Class IV$12,000
Class V$ 8,400
If the approval set out hereinabove is granted, the
compensation hereinabove provided shall be paid on and after the
first day of January, one thousand nine hundred ninety-three, to
each county commissioner. Within each county, every county
commissioner shall receive the same annual compensation by virtue
of the new duties imposed upon county commissioners pursuant to the
provisions of chapter one hundred seventy-two, acts of the
Legislature, second regular session, one thousand nine hundred ninety, and chapter five, acts of the Legislature, third
extraordinary session, one thousand nine hundred ninety.
OTHER ELECTED OFFICIALS
CountyCircuitProsecuting
SheriffClerkClerk AssessorAttorney
Class I$29,040$37,560$37,560$29,040$59,500
Class II$29,040$33,600$33,600$29,040$59,500
Class III$29,040$33,600$33,600$29,040$36,000
Class IV$26,760$28,800$28,800$26,760$31,800
Class V$24,480$26,400$26,400$24,480$28,200
Class VI$24,480$26,400$26,400$24,480$28,200
Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor, sheriff and
prosecuting attorney of a Class I county, any assessor of a Class
II and Class III county, any sheriff of a Class II and Class III
county and any prosecuting attorney of a Class II county 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, shall not
be restricted on his or her outside activities during the remainder
of the term for which he or she is elected. If the approval set
out hereinabove is granted, the compensation hereinabove provided
shall be paid on and after the first day of January, one thousand
nine hundred ninety-three, to each elected county official.
In the case of a county that has a joint clerk of the county commission and circuit court, the compensation of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
compensation would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
Prior to the primary election in the year one thousand nine
hundred ninety-two, in the case of a Class III, Class IV or Class
V county which has a part-time prosecuting attorney, the county
commission may find that such facts and circumstances exist that
require the prosecuting attorney to devote full time to his or her
public duties for the four-year term, beginning the first day of
January, one thousand nine hundred ninety-three. If the county
commission makes such a finding, it may by proper order adopted and
entered, require the prosecuting attorney who takes office on the
first day of January, one thousand nine hundred ninety-three, to
devote full time to his or her public duties and the county
commission shall then compensate said prosecuting attorney at the
same rate of compensation as that of a prosecuting attorney in a
Class II county.
For any county: (1) Which on and after the first day of July,
one thousand nine hundred ninety-four, is classified as a Class II
county; and (2) which prior to such date was classified as a Class
III, Class IV or Class V county and maintained a part-time
prosecuting attorney, the county commission may elect to maintain
the prosecuting attorney as a part-time prosecuting attorney:
Provided, That prior to the first day of January, one thousand nine
hundred ninety-six, the county commission shall make a finding, by proper order and entered, whether to maintain a full-time or
part-time prosecuting attorney. The part-time prosecuting attorney
shall be compensated at the same rate of compensation as that of a
prosecuting attorney in the class for the county prior to being
classified as a Class II county.
(a) Prior to the primary election in the year one thousand
nine hundred ninety-six, and for the fiscal year beginning on the
first day of July, one thousand nine hundred ninety-six, or for any
subsequent fiscal year if the approval set out herein is not
granted for any fiscal year, and at least thirty days prior to the
meeting to approve the county budget, the commission shall provide
notice to the public of the date and time of the meeting and that
the purpose of the meeting of the county commission is to decide
upon their budget certification to the tax department. Upon
submission by the county commission to the chief inspector division
of the department of tax and revenue of a proposed annual budget
which contains anticipated receipts into the county's general
revenue fund, less anticipated moneys from the unencumbered fund
balance, equal to anticipated receipts into the county's general
revenue fund, less anticipated moneys from the unencumbered fund
balance and any federal or state special grants, for the
immediately preceding fiscal year, plus such additional amount as
is necessary for payment of the increases in the salaries set out
herein and related employment taxes over that paid for the
immediately preceding fiscal year, and upon approval thereof by the
chief inspector, which approval shall not be granted for any proposed annual budget containing anticipated receipts which are
unreasonably greater or lesser than that of the immediately
preceding fiscal year, for the purpose of determining the
compensation to be paid to the elected county officials of each
county office by class are hereby established and shall be used by
each county commission in determining the compensation of each of
their county officials: Provided, That as to any county having a
tribunal in lieu of a county commission, the county commissioners
of the county may be paid less than the minimum compensation limits
of the county commission for the particular class of the county.
COUNTY COMMISSIONERS
Class I$32,000
Class II$30,000
Class III$25,000
Class IV$17,500
(b) If the approval set out hereinabove is granted, the
compensation hereinabove provided shall be paid on and after the
first day of January, one thousand nine hundred ninety-seven, to
each county commissioner.
OTHER ELECTED OFFICIALS
CountyCircuitProsecuting
SheriffClerkClerkAssessorAttorney
Class I$34,000$43,000$43,000$37,000$70,000
Class II$32,000$40.000$40,000$35,000$65,000
Class III$31,000$38,000$38,000$32,000$40.000
Class IV$30,000$35,000$35,000$29,000$36,000
Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor, sheriff and
prosecuting attorney of a Class I county, any assessor of a Class
II and Class III county, any sheriff of a Class II and Class III
county and any prosecuting attorney of a Class II county 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, shall not
be restricted on his or her outside activities during the remainder
of the term for which he or she is elected. If the approval set
out hereinabove is granted, the compensation hereinabove provided
shall be paid on and after the first day of January, one thousand
nine hundred ninety-seven, to each elected county official.
In the case of a county that has a joint clerk of the county
commission and circuit court, the compensation of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
compensation would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
For any county: (1) Which on or after the first day of July,
one thousand nine hundred ninety-six, is classified as a Class III
county; and (2) which prior to such date was classified as a Class
I or Class II county and maintained a full-time prosecuting
attorney, the county shall continue to maintain a full-time
prosecuting attorney and shall compensate said prosecuting attorney
at the same rate of compensation as that of a prosecuting attorney in a Class II county.
For any county: (1) Which on and after the first day of July,
one thousand nine hundred ninety-six, is classified as a Class II
county; and (2) which prior to such date was classified as a Class
III or Class IV county and maintained a part-time prosecuting
attorney, the county commission may elect to maintain the
prosecuting attorney as a part-time prosecuting attorney:
Provided, That prior to the first day of January, one thousand nine
hundred ninety-eight, the county commission shall make a finding,
by proper order and entered, whether to maintain a full-time or
part-time prosecuting attorney. The part-time prosecuting attorney
shall be compensated at the same rate of compensation as that of a
prosecuting attorney in the class for the county prior to being
classified as a Class II county.
§7-7-4a. Interim compensation of elected county officials.
Prior to the first day of January, one thousand nine hundred
ninety-seven, the county officials herein listed will be
compensated as follows:
COUNTY COMMISSIONERS
Class I$24,000
Class II$18,600
Class III$16,800
Class IV$12,000
Class V$ 8,400
Within each county, every county commissioner shall receive
the same annual compensation by virtue of the new duties imposed upon county commissioners pursuant to the provisions of chapter one
hundred seventy-two, acts of the Legislature, second regular
session, one thousand nine hundred ninety, and chapter five, acts
of the Legislature, third extraordinary session, one thousand nine
hundred ninety.
OTHER ELECTED OFFICIALS
CountyCircuitProsecuting
SheriffClerkClerk AssessorAttorney
Class I$29,040$37,560$37,560$29,040$59,500
Class II$29,040$33,600$33,600$29,040$59,500
Class III$29,040$33,600$33,600$29,040$36,000
Class IV$26,760$28,800$28,800$26,760$31,800
Class V$24,480$26,400$26,400$24,480$28,200
Class VI$24,480$26,400$26,400$24,480$28,200
Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor, sheriff and
prosecuting attorney of a Class I county, any assessor of a Class
II and Class III county, any sheriff of a Class II and Class III
county and any prosecuting attorney of a Class II county 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, shall not
be restricted on his or her outside activities during the remainder
of the term for which he or she is elected. If the approval set
out hereinabove is granted, the compensation hereinabove provided shall be paid on and after the first day of January, one thousand
nine hundred ninety-three, to each elected county official.
In the case of a county that has a joint clerk of the county
commission and circuit court, the compensation of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
compensation would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
Prior to the primary election in the year one thousand nine
hundred ninety-two, in the case of a Class III, Class IV or Class
V county which has a part-time prosecuting attorney, the county
commission may find that such facts and circumstances exist that
require the prosecuting attorney to devote full time to his or her
public duties for the four-year term, beginning the first day of
January, one thousand nine hundred ninety-three. If the county
commission makes such a finding, it may by proper order adopted and
entered, require the prosecuting attorney who takes office on the
first day of January, one thousand nine hundred ninety-three, to
devote full time to his or her public duties and the county
commission shall then compensate said prosecuting attorney at the
same rate of compensation as that of a prosecuting attorney in a
Class II county.
For any county: (1) Which on and after the first day of July,
one thousand nine hundred ninety-four, is classified as a Class II
county; and (2) which prior to such date was classified as a Class
III, Class IV or Class V county and maintained a part-time
prosecuting attorney, the county commission may elect to maintain the prosecuting attorney as a part-time prosecuting attorney:
Provided, That prior to the first day of January, one thousand nine
hundred ninety-seven, the county commission shall make a finding,
by proper order and entered, whether to maintain a full-time or
part-time prosecuting attorney. The part-time prosecuting attorney
shall be compensated at the same rate of compensation as that of a
prosecuting attorney in the class for the county prior to being
classified as a Class II county.
§7-7-6b. Additional compensation of assessors according to county
classification.
For the purpose of determining the additional compensation to
be paid to the county assessor of each county for the additional
duties provided by section six-a of this article, the following
compensations for each county assessor by class, as provided in
section three of this article, are hereby established and shall be
used by each county commission in determining the compensation of
each county assessor; for assessors in Class I
. II or III counties,
twelve thousand dollars for the calendar year one thousand nine
hundred and eighty, and eleven thousand dollars for each calendar
year thereafter;
for assessors in Class II counties, six thousand
dollars; for assessors in Class
III IV counties, five thousand
dollars
; for assessors in Class IV counties, two thousand five
hundred dollars; for assessors in Class V counties, one thousand
five hundred dollars; and for assessors in Class VI counties, one
thousand dollars.
Notwithstanding this section or any other section of the code to the contrary, in no event shall the additional compensation paid
to the county assessors for performance of additional duties as
provided in section six-a of this article be less than the
additional compensation such county assessors received January one,
one thousand nine hundred seventy-six.
NOTE: The purpose of this bill is to change the
classification of counties from the present number of five to four
and to further provide salary reform for county officials.
Counties with part-time prosecuting attorneys would be authorized,
prior to the election of any prosecuting attorney, to opt for and
pay the compensation of a full-time prosecutor. This bill
simplifies the additional compensation for assessors and sheriffs
and further repeals two obsolete sections of the code. It creates
an additional section to secure compensation levels until the new
scales go into effect.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§7-7-4a is new; therefore, strike-throughs and underscoring
have been omitted.