Senate Bill No. 459
(By Senator Boley)
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[Introduced February 20, 1995; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact sections two, three, four, five, six
and seven, article two-a, chapter four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to the salaries and expenses of members of the
state Legislature; providing that documentation accompany
expense vouchers for reimbursement of expenses; reducing the
maximum additional compensation payable for performance of
interim duties; and eliminating additional compensation and
additional travel reimbursement for selected members of both
houses.
Be it enacted by the Legislature of West Virginia:
That sections two, three, four, five, six and seven, article two-a, chapter four of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted to
read as follows:
ARTICLE 2A. COMPENSATION FOR AND EXPENSES OF MEMBERS OF THE
LEGISLATURE.
PART II. COMPENSATION.
§4-2A-2. Basic compensation for services; proration.
(a) Each member of the Legislature shall receive as basic
compensation for his or her services the sum of
six thousand five
hundred fifteen thousand dollars per calendar year. Beginning in
the calendar year one thousand nine hundred
ninety-five
ninety-seven, and for each calendar year thereafter, each member
of the Legislature shall receive as basic compensation for his or
her services the sum of
fifteen nine thousand 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,
which shall in no event exceed that set forth in the resolution of the citizens
legislative compensation commission, dated the
third twentieth
day of
March January, one thousand nine hundred
ninety-four
ninety-five, and implemented in sections two through eight of
this article providing for
new amounts or amounts increased to
new amounts
greater different than those in force and effect on
the first day of January, one thousand nine hundred
ninety-four
ninety-five, shall all become effective only for calendar year
one thousand nine hundred
ninety-five ninety-seven, 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 the 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 the 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 the successor
was appointed and qualified, none of the basic compensation
provided for in this section shall be paid to
such the successor.
§4-2A-3. Compensation for members of the Legislature during any
extension of regular session or during extraordinary
session.
Each No 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 any extension of
the regular session or
during
any 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, and certain committee
chairs and selected members of both houses.
(a) In addition to the basic
and additional compensation
provided for in section 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) (b) Such The 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) (c) In addition to the basic
and additional compensation
provided for in section two
and three of this article, the
chairpersons of the committees on finance and committees on the
judiciary of the respective houses
and up to four additional
persons from each house, to be named by the presiding officer,
shall each receive an additional compensation of one hundred
dollars per day up to a maximum of thirty days for attending to
legislative business in their offices in the capitol building
when the Legislature is not in regular, extended or extraordinary
session and interim committees are not meeting.
§4-2A-5. Interim compensation for members.
In addition to the basic and any additional compensation
provided for in sections two
three and four of this article, each
member shall receive interim compensation of one hundred 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
or
her replacement, if any, on a committee or commission under the
provisions of this section shall not exceed the sum of
three
thousand one thousand two hundred dollars per calendar year.
PART III. EXPENSES.
§4-2A-6. Travel expenses.
Each member of the Legislature shall be entitled to be
reimbursed, upon submission of an expense voucher
documented by
receipts, 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 the 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 by public carrier, or for any combination of
such means of transportation actually used, plus the cost of
necessary taxi or limousine service, tolls and parking fees in
connection therewith, but during any regular, extension of
regular or extraordinary session, travel expenses shall not be
paid to any member for more than one round trip to and from the
seat of government and to and from his or her place of residence
for each week of any
such session.
In addition to the above travel expense, the president of
the Senate and the speaker of the House of Delegates shall be
entitled to be reimbursed as provided above, upon submission of
an expense voucher
documented by receipts, 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 so
authorized 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 the 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
and 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 the
Legislature is not in regular, extended or extraordinary session,
and interim committees are not meeting.
NOTE: The purpose of this bill is to reduce the annual
compensation of members of the Legislature by lowering
compensation and eliminating compensation for extended and
special sessions. This bill also provides for documentation of
expenses and the elimination of additional compensation and
additional travel reimbursement for selected members of both
houses.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.