ENGROSSED
Senate Bill No. 710
(By Senators Craigo, Anderson, Bailey, Bowman, Chafin, Edgell,
Helmick, Jackson, Love, Plymale, Prezioso, Sharpe, Unger, Walker,
Sprouse, Boley and Minear)
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[Originating in the Committee on Finance;
reported March 9, 1999.]
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A BILL to amend and reenact sections two, three, four, five, six,
seven and eight, article two-a, chapter four of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, all generally relating to the salaries of elected or
appointed state officers; increasing the basic compensation
and expense reimbursement for members of the Legislature; and
increasing the daily allowance for members during sessions and
during the interim.
Be it enacted by the Legislature of West Virginia:
That sections two, three, four, five, six, seven and eight,
article two-a, chapter four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted, all 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 dollars per calendar year. Beginning in the calendar year
one thousand nine hundred ninety-five, 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 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 eight 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
and fifty 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
and fifty 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
and
fifty 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
and fifty
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 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, 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 fifty-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
one hundred and fifteen 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 sSenate committee on finance, the chairman of the
house committee on the judiciary, the chairman of the sSenate
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.
§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 fifty-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.
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