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Introduced Version Senate Bill 382 History

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Key: Green = existing Code. Red = new code to be enacted
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six, article seven, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; and that sections one, three, four and six-b of said article, be amended and reenacted; and that said article be further amended by adding thereto a new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.

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