COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 45
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
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[Originating in the Committee on Finance;
reported March 9, 1994.]
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A BILL to repeal section nine, article two-a, chapter four of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended; to amend and reenact sections two, three, four,
five, six, seven and eight of said article; to amend and
reenact sections two and two-a, article seven, chapter six
of said code; to amend and reenact section ten-a, article
one, chapter fifty-one of said code; to amend and reenact
section thirteen, article two of said chapter; and to amend
and reenact section four, article nine of said chapter, all
generally relating to the salaries of elected or appointed
state officers; increasing the basic compensation and
expense reimbursement for members of the Legislature;
increasing the daily allowance for members during sessions
and during the interim; providing for additional
compensation for presiding officers and specified committee
chairs, as well as certain other members to be designated by
the presiding officers; increasing the salaries of state
constitutional officers; changing the salaries of certain
state administrators; updating the provisions related to
state administrators' salaries; increasing the salary for
circuit court judges; increasing the salaries of justices of
the supreme court of appeals; and increasing required
contributions to retirement system for judges of courts of
record.
Be it enacted by the Legislature of West Virginia:
That section nine, article two-a, chapter four of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; that sections two, three, four, five, six,
seven and eight of said article be amended and reenacted; that
sections two and two-a, article seven, chapter six of said code
be amended and reenacted; that section ten-a, article one,
chapter fifty-one of said code be amended and reenacted; that
section thirteen, article two of said chapter be amended and
reenacted; and that section four, article nine of said chapter be
amended and reenacted, all to read as follows:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 2A. COMPENSATION FOR AND EXPENSES OF MEMBERS OF THE
LEGISLATURE.
PART II. COMPENSATION.
§4-2A-2. Basic compensation for services; proration.
(a) Each member of the Legislature shall receive as basic
compensation for his or her services the sum of six thousand five
hundred dollars per calendar year. Beginning in the calendar
year one thousand nine hundred ninety-five, and for each calendaryear thereafter, each member of the Legislature shall receive as
basic compensation for his or her services the sum of eighteen
thousand dollars. In addition to such basic compensation,
members shall receive the additional compensations as are
expressly provided for in sections three, four and five of this
article. The increased basic compensation as set forth in this
subsection and all other increased amounts or new amounts in
respect to the compensation or expenses of members of the
Legislature, set forth in the resolution of the citizens
legislative compensation commission, dated the third day of
March, one thousand nine hundred ninety-four, and implemented in
sections two through nine of this article providing for new
amounts or amounts increased to new amounts greater than those in
force and effect on the first day of January, one thousand nine
hundred ninety-four, shall all become effective only for calendar
year one thousand nine hundred ninety-five, and each calendar
year thereafter.
(b) The basic compensation shall be payable twice a month
during each regular session of the Legislature, without regard to
any extension of such regular session. In the event of the
death, resignation or removal of a member of the Legislature
during a regular session of the Legislature and the appointment
and qualification of his or her successor during any such regular
session, the basic compensation provided for in this section
shall be prorated between the original member and his or her
successor on the basis of the number of days served (including
Saturdays and Sundays) as a member of the Legislature by each
during such regular session of sixty calendar days.
(c) In the event of the death, resignation or removal of a
member of the Legislature and the appointment and qualification
of his or her successor subsequent to the regular session of the
Legislature held in the calendar year in which such successor was
appointed and qualified, none of the basic compensation provided
for in this section shall be paid to such successor.
§4-2A-3. Compensation for members of the Legislature during any
extension of regular session or during extraordinary
session.
Each member of the Legislature shall receive, in addition to
the basic compensation provided for in section two of this
article, additional compensation of one hundred dollars per day
for each day of attendance in person upon any business of the
Senate or House of Delegates, as the case may be, on each day
upon which said Senate or House of Delegates is actually called
to order during each extension of regular session or during
extraordinary session of the Legislature. Such additional
compensation shall be paid from time to time during any such
extended session or extraordinary session, as may be prescribed
by rules established by the legislative auditor.
§4-2A-4. Additional compensation for president of Senate,
speaker of House of Delegates, majority leaders, minority
leaders, certain committee chairs and selected members of
both houses.
(a) In addition to the basic and additional compensation
provided for in sections two and three of this article, the
president of the Senate and the speaker of the House of Delegates
shall each receive additional compensation of:
(1) Fifty dollars per day for each day actually served
during any regular, extension of regular or extraordinary session
as presiding officer, including Saturdays and Sundays; and
(2) One hundred dollars per day up to a maximum of eighty
such days per calendar year for attending to legislative business
in their offices in the capitol building when the Legislature is
not in regular, extension of regular or extraordinary session and
interim committees are not meeting.
(b) In addition to the basic and additional compensation
provided for in sections two and three of this article, the
majority leaders and minority leaders of the Senate and of the
House of Delegates shall each receive additional compensation of
twenty-five dollars per day for each day actually served during
any regular, extension of regular or during extraordinary
session, including Saturdays and Sundays, as the selected
legislative leaders of their respective political parties.
(c) Such presiding officer and majority and minority leader
compensation shall be paid from time to time during any such
session or interim period, as the case may be, as may be
prescribed by rules established by the legislative auditor.
(d) In addition to the basic and additional compensation
provided for in sections two and three of this article, the
chairpersons of the committees on finance and committees on the
judiciary of the respective houses and up to four additional
persons from each house, to be named by the presiding officer,
shall each receive an additional compensation of one hundred
dollars per day up to a maximum of thirty days for attending to
legislative business in their offices in the capitol buildingwhen the Legislature is not in regular, extended or extraordinary
session and interim committees are not meeting.
§4-2A-5. Interim compensation for members.
In addition to the basic and any additional compensation
provided for in sections two, three and four of this article,
each member shall receive interim compensation of one hundred
dollars per day for each day actually engaged in the performance
of interim duties as a member of any interim committee between
regular sessions of the Legislature:
Provided, That the total
additional interim compensation payable to any member and his
replacement, if any, on a committee or commission under the
provisions of this section shall not exceed the sum of three
thousand dollars per calendar year.
PART III. EXPENSES.
§4-2A-6. Travel expenses.
Each member of the Legislature shall be entitled to be
reimbursed, upon submission of an expense voucher, for expenses
incurred incident to travel in the performance of his or her
duties as a member of the Legislature or any committee of the
Legislature, whether such committee is operating under general
law or resolution, including, but not limited to, attendance at
party caucuses held in advance of the date of the assembly of the
Legislature in regular session in odd-numbered years for the
purpose of selecting candidates for officers of the two houses,
at a rate equal to that paid by the travel management office of
the department of administration for the most direct usually
traveled route, if travel is by private automobile, or for actual
transportation costs for direct route travel, if travel is bypublic carrier, or for any combination of such means of
transportation actually used, plus the cost of necessary taxi or
limousine service, tolls and parking fees in connection
therewith, but during any regular, extension of regular or
extraordinary session, travel expenses shall not be paid to any
member for more than one round trip to and from the seat of
government and to and from his or her place of residence for each
week of any such session.
In addition to the above travel expense, the president of
the Senate and the speaker of the House of Delegates shall be
entitled to be reimbursed as provided above, upon submission of
an expense voucher, for expenses incurred incident to travel for
up to a maximum of eighty days per calendar year in connection
with their visits to the capitol building for business which is
related to their duties as presiding officers of the respective
houses of the Legislature, but which takes place when the
Legislature is not in regular, extension of regular or
extraordinary session and interim committees are not meeting.
The rate paid for mileage pursuant to this section may
change from time to time in accordance with changes in the
reimbursement rates established by the travel management office,
or its successor agency.
§4-2A-7. Reimbursement for expenses incurred during any session
or interim assignment.
(a) Each member of the Legislature who does not commute
daily shall receive the sum of eighty-five dollars per day as per
diem allowance in connection with any regular, extended,
extraordinary session, interim assignment or for any member soauthorized by the presiding officer. Any member of the
Legislature who does commute daily shall receive the sum of
forty-five dollars per day as said per diem allowance and, in
addition to such allowance, shall be reimbursed for overnight
commuting expenses at the mileage rate equal to the amount paid
by the travel management office of the department of
administration for the most direct usually traveled route, if
travel is by private automobile, or for actual transportation
costs for direct route travel, if travel is by public carrier, or
for any combination of such means of transportation actually
used, plus the costs of necessary taxi or limousine service,
tolls and parking fees in connection therewith:
Provided, That
the total of this per diem allowance plus travel expense for a
daily commuting member shall not exceed eighty-five dollars per
day. The amount for mileage paid pursuant to this paragraph may
change from time to time in accordance with changes in the level
of reimbursement by the said travel management office.
(b) The president of the Senate and the speaker of the House
of Delegates, the chairman of the house committee on finance, the
chairman of the senate committee on finance, the chairman of the
house committee on the judiciary, the chairman of the senate
committee on the judiciary, and up to four additional persons
from each house designated by the presiding officer pursuant to
section four of this article, shall be reimbursed for travel at
the rate established in subsection (a) above, and shall further
receive the per diem allowance established in said subsection in
connection with their visits to the capitol for business which is
related to their duties as such officers at the times when theLegislature is not in regular, extended or extraordinary session,
and interim committees are not meeting.
§4-2A-8. Out-of-state expenses.
In addition to reimbursement for travel expenses as
authorized in section six of this article, each member of the
Legislature traveling from West Virginia to an out-of-state point
or points and returning incident to the performance of his or her
duties as a member of the Legislature or any committee of the
Legislature, whether such committee is operating under general
law or resolution, which travel has been duly authorized, shall
be entitled to be reimbursed, upon submission of an expense
voucher therefor, for all reasonable and necessary expenses
actually incurred incident thereto, but the total of any and all
such reimbursed expenses, exclusive of reimbursement for such
travel expenses, shall not under any circumstances exceed the
actual cost of housing at the least expensive available single
rate and meal and miscellaneous expenses of forty-five dollars
per day. A receipt for the amount paid for housing and for
travel by any public transportation to and from West Virginia
shall be submitted with the expense voucher, but a receipt shall
not be required to be submitted with any such expense voucher for
meal and miscellaneous expenses.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2. Salaries of certain state officers.
The salaries for each of the state constitutional officers
shall be as follows:
(a) The salary of the governor shall be ninety thousanddollars per year;
(b) The salary of the attorney general shall be seventy-five
thousand dollars per year;
(c) The salary of the auditor shall be seventy thousand
dollars per year;
(d) The salary of the secretary of state shall be sixty-five
thousand dollars per year;
(e) The salary of the commissioner of agriculture shall be
seventy thousand dollars per year; and
(f) The salary of the state treasurer shall be sixty-five
thousand dollars per year.
§6-7-2a. Terms of certain appointive state officers;
appointment; qualifications; powers and salaries of such
officers.
(a) Notwithstanding any other provision of this code to the
contrary enacted prior to the first day of January, one thousand
nine hundred ninety-four, 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 such appointive state officers shall serve 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 such appointive state
officers shall hereafter be subject to the existing
qualifications for holding each such respective office and each
shall have 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 eachsuch office.
Beginning on the first day of July, one thousand nine
hundred ninety-four, the annual salary of each such named
appointive state officer shall be as follows:
Administrator, division of highways, sixty-five thousand
dollars; administrator, division of health, fifty-seven thousand
two hundred dollars; administrator, division of human services,
forty-seven thousand eight hundred dollars; administrator, state
tax division, forty-nine thousand nine hundred dollars;
administrator, division of energy, sixty-five thousand dollars;
administrator, division of corrections, fifty-five thousand
dollars; administrator, division of natural resources, sixty-five
thousand dollars; administrator, division of public safety, sixty
thousand dollars; administrator, lottery division, sixty thousand
dollars; director, public employees insurance agency, fifty-five
thousand dollars; administrator, division of banking, fifty-five
thousand dollars; administrator, division of insurance,
fifty-five thousand dollars; administrator, division of culture
and history, fifty thousand dollars; chairman, public service
commission, sixty-five thousand dollars; members, public service
commission, sixty thousand dollars; administrator, alcohol
beverage control commission, sixty thousand dollars;
administrator, division of motor vehicles, fifty-five thousand
dollars; director, division of personnel, fifty thousand dollars;
adjutant general, fifty thousand dollars; chairman, health care
cost review authority, fifty-five thousand dollars; members,
health care cost review authority, fifty-one thousand two hundred
dollars; director, human rights commission, forty thousanddollars; administrator, division of labor, fifty-five thousand
dollars; administrator, division of veterans affairs, forty
thousand dollars; administrator, division of emergency services,
forty thousand dollars; members, board of parole, forty thousand
dollars; members, employment security review board, seventeen
thousand dollars; members, workers' compensation appeal board,
seventeen thousand eight hundred dollars.
Prior to the first day of July, one thousand nine hundred
ninety-four, each of the aforesaid officers shall continue to
receive the annual salaries they were receiving as of the last
day of December, one thousand nine hundred ninety-three.
(b) Notwithstanding any other provisions of this code to the
contrary enacted prior to the first day of January, one thousand
nine hundred ninety-four, 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, one
thousand nine hundred ninety-four, each of the state officers
named in this subsection shall continue to receive the annual
salaries they were receiving as of the last day of December, one
thousand nine hundred ninety-three, and shall thereafter be paid
an annual salary as follows: State superintendent of schools,
seventy-five thousand dollars; administrator, division of risk
and insurance management, fifty thousand dollars; director,
division of rehabilitation services, fifty-five thousand dollars;
executive director, educational broadcasting authority,
forty-seven thousand five hundred dollars; secretary, library
commission, forty-seven thousand five hundred dollars; director,
geologic and economic survey, forty-seven thousand five hundreddollars; executive director, water development authority,
fifty-four thousand two hundred dollars; executive director,
public defender services, fifty-five thousand dollars; director,
commission on aging, forty thousand dollars; commissioner, oil
and gas conservation commission, forty thousand dollars;
director, farm management commission, thirty-two thousand five
hundred dollars; director, railroad maintenance authority, fifty
thousand dollars; executive secretary, women's commission, thirty
thousand one hundred dollars; director, regional jail authority,
fifty-five thousand dollars; director, hospital finance
authority, twenty-five thousand eight hundred dollars.
(c) No increase in the salary of any appointive state
officer pursuant to this section shall be paid until and unless
such appointive state officer shall have 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 such form to the
affected spending units:
Provided, That no decrease in salary
shall be effective for any current appointive state officer
appointed prior to the first day of January, one thousand nine
hundred eighty-nine:
Provided, however, That such decreases
shall take effect at such time as any appointive office is
vacated:
Provided further, That the increase provided for the
state superintendent of schools enacted during the regular
session, one thousand nine hundred ninety-four, should not become
effective until the first day of January, one thousand ninehundred ninety-seven.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-10a. Salary of justices.
The salary of each of the justices of the supreme court of
appeals shall be seventy-two thousand dollars per year:
Provided, That beginning the first day of January, one thousand
nine hundred ninety-five, the salary of each of the justices of
the supreme court shall be eighty-five thousand dollars per year.
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
§51-2-13. Salaries of judges of circuit courts.
The salaries of the judges of the various circuit courts
shall be paid solely out of the state treasury. No county,
county commission, board of commissioners or other political
subdivision shall supplement or add to such salaries.
The annual salary of all circuit judges shall be sixty-five
thousand dollars per year:
Provided, That beginning the first
day of January, one thousand nine hundred ninety-five, the annual
salary of all circuit judges shall be eighty thousand dollars per
year.
ARTICLE 9. RETIREMENT SYSTEM FOR JUDGES OF COURTS OF RECORD.
§51-9-4. Required percentage contributions from salaries; any
termination of required contributions prior to actual
retirement disallowed; military service credit and maximum
allowable; qualifiable prosecutorial service.
(a) Every person who is now serving or shall hereafter serve
as a judge of any court of record of this state shall pay into
the judges' retirement fund six percent of the salary received bysuch person out of the state treasury:
Provided, That when a
judge becomes eligible to receive benefits from such trust fund
by actual retirement, no further payment by him or her shall be
required, since such employee contribution, in an equal treatment
sense, ceases to be required in the other retirement systems of
the state, also, only after actual retirement:
Provided, however,
That on and after the first day of January, one thousand nine
hundred ninety-five, every person who is then serving or shall
thereafter serve as a judge of any court of record in this state
shall pay into the judges' retirement fund nine percent of the
salary received by that person. Any prior occurrence or practice
to the contrary, in any way allowing discontinuance of required
employee contributions prior to actual retirement under this
retirement system, is rejected as erroneous and contrary to
legislative intent and as violative of required equal treatment
and is hereby nullified and discontinued fully, with the state
auditor to require such contribution in every instance hereafter,
except where no contributions are required to be made under any
of the provisions of this article.
In drawing warrants for the salary checks of judges, the
state auditor shall deduct from the amount of each such salary
check six percent thereof, which amount so deducted shall be
credited by the state treasurer to the trust fund.
Any judge seeking to qualify military service to be claimed
as credited service, in allowable aggregate maximum amount up to
five years, shall be entitled to be awarded the same without any
required payment in respect thereof to the judges' retirement
fund. Any judge holding office as such on the effective date ofthe amendments to this article adopted by the Legislature at its
regular session in the year one thousand nine hundred eighty-
seven, who seeks to qualify service as a prosecuting attorney as
credited service, which service credit must have been earned
prior to the year one thousand nine hundred eighty-seven, shall
be required to pay into the judges' retirement fund six percent
of the annual salary which was actually received by such person
as prosecuting attorney during the time such prosecutorial
service was rendered prior to the year one thousand nine hundred
eighty-seven, and for which credited service is being sought,
together with applicable interest. No judge whose term of office
shall commence after the effective date of such amendments to
this article shall be eligible to claim any credit for service
rendered as a prosecuting attorney as eligible service for
retirement benefits under this article, nor shall any time served
as a prosecutor after the year one thousand nine hundred eighty-
eight, be considered as eligible service for any purposes of this
article.
(b) The Legislature finds that any increase in salary for
judges of courts of record directly affects the actuarial
soundness of the retirement system for judges of courts of record
and therefore, an increase in the required percentage
contributions of members of that retirement system is the same
subject for purposes of determining the single object of this
bill.