H. B. 4594
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced February 21, 2000; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact section four, article seven, chapter
seven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to compensation of elected
county officials and county commissioners.
Be it enacted by the Legislature of West Virginia:
That section four, article seven, chapter seven of the code of
West Virginia, one thousand nine hundred and thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
§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 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 commission:
CountyCircuit Prosecuting
Sheriff Clerk ClerkAssessorAttorney
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 and 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 per cent 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 38, 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 38, 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 and 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
Sheriff
Clerk ClerkAssessor Attorney
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 per cent 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 be proper order adopted and
entered, require the prosecuting attorney who takes office on the
first day of January, one thousand nine hundred and 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. 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.
(c) Prior to the primary election in the year
one thousand
nine hundred ninety-six two thousand, and for the fiscal year
beginning on the first day of July,
one thousand nine hundred
ninety-six two thousand, 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 fiscal year beginning the first day of July,
one
thousand nine hundred ninety-six two thousand, 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 whether county revenues are
sufficient to pay the compensation mandated herein for 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:
Provided,
however, That should there be an insufficient projected increase in
revenues to pay the compensation and related employment taxes
mandated herein, then the compensation of that county's elected
officials shall remain at the level in effect at the time
certification was sought.
COUNTY COMMISSIONERS
Class I
$28,000$32,000
Class II
$27,500$31,265
Class III
$27,000$31,050
Class IV
$26,500$30,475
Class V
$26,000$29,000
Class VI
$21,500$24,725
Class VII$21,000$24,150
Class VIII$19,000$21,850
Class IX
$18,500$21,275
Class X
$15,000$17,250
The compensation hereinabove provided shall be paid on and
after the first day of January,
one thousand nine hundred
ninety-seven two thousand one, to each county commissioner. Within
each county, every county commissioner whose term of office
commenced prior to or on or after the first day of January,
one
thousand nine hundred ninety-seven two thousand one, shall receive
the same annual compensation by virtue of legislative findings of
extra duties as set forth in section one of this article.
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:
OTHER ELECTED OFFICIALS
CountyCircuit
Sheriff
Clerk Clerk
Class I
$34,000$39,100$42,000$50,400$42,000$50,400
Class II
$33,500$38,525$41,500$49,800$41,500$49,800
Class III
$33,250$38,238$40,500$48,600$40,500$48,600
Class IV
$33,000$37,950$40,250$48,300$40,250$48,300
Class V
$32,750$37,663$40,000$48,000$40,000$48,000
Class VI
$32,500$37,375$37,500$45,000$37,500$45,000
Class VII
$32,250$37,088$37,000$44,400$37,000$44,400
Class VIII
$32,000$36,800$36,500$43,800$36,500$43,800
Class IX
$31,750$36,512$36,000$42,200$36,000$42,200
Class X
$29,000$33,350$32,000$38,400$32,000$38,400
Prosecuting
Assessor Attorney
$34,000$39,100$76,000$87,400
$33,500$38,525$74,000$85,100
$33,250$38,238$72,000$82,800
$33,000$37,950$70,000$80,500
$32,750$37,663$68,000$78,200
$32,500$37,375$45,000$51,750
$32,250$37,088$43,000$49,450
$32,000$36,800$41,000$47,150
$31,750$36,512$38,000$43,700
$29,000$33,350$35,000$40,250
The compensation hereinabove provided shall be paid on and
after the first day of January, one thousand nine hundred
ninety-seven two thousand one, to each elected county official.
Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor or sheriff of a Class I through Class V county, inclusive, any assessor or any
sheriff of a Class VI through Class IX county, inclusive, 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.
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 per cent higher than the
compensation would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
Any prosecuting attorney of a Class I through Class V county,
inclusive, shall devote full time to his or her public duties to
the exclusion of any other employment: Provided, That any county
which under the prior provisions of this section was classified as
a Class II county and elected to maintain a part-time prosecutor
may continue to maintain a part-time prosecutor, until such time as
the county commission, on request of the part-time prosecutor,
approves and makes a finding, by proper order entered, that the
prosecuting attorney shall devote full time to his or her public
duties. The county commission shall then compensate said
prosecutor at the same rate of compensation as that of a prosecuting attorney in a Class V county: Provided, however, That
any county which under the prior provisions of this section was
classified as a Class II county and which did not elect to maintain
a part-time prosecutor shall 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 V county: Provided further, That, until the first day of
January, two thousand one, when a vacancy occurs in the office of
prosecuting attorney prior to the end of a term, the county
commission of a Class IV or Class V county may elect to allow the
position to become part time for the end of that term, and
thereafter the position of prosecuting attorney shall become full
time: And provided further, That in any county which has a part-
time prosecuting attorney, the county commission may, on the
request of the prosecuting attorney, 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, two thousand one. 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, two thousand one, 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 V county: And provided further, That nothing contained herein shall be
interpreted to affect the status of a prosecuting attorney who has
heretofore, by proper order so entered, become full time.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
FINANCE COMMITTEE AMENDMENT
On page one, following the enacting clause, by striking out
the remainder of the bill and inserting in lieu thereof the
following:
That
section four, article seven, chapter seven of the code of
West Virginia, one thousand nine hundred and thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
§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 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 commission:
CountyCircuit Prosecuting
Sheriff Clerk ClerkAssessorAttorney
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 and 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 per cent 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 38, 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 38, 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 and 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
Sheriff Clerk ClerkAssessor Attorney
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 per cent 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 be proper order adopted and
entered, require the prosecuting attorney who takes office on the
first day of January, one thousand nine hundred and 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. 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.
(c) 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 fiscal
year beginning the first day of July, one thousand nine hundred
ninety-six, 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 whether county revenues are sufficient to pay the
compensation mandated herein for 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: Provided, however, That should
there be an insufficient projected increase in revenues to pay the
compensation and related employment taxes mandated herein, then the
compensation of that county's elected officials shall remain at the
level in effect at the time certification was sought.
COUNTY COMMISSIONERS
Class I
$28,000
Class II
$27,500
Class III
$27,000
Class IV
$26,500
Class V
$26,000
Class VI
$21,500
Class VII
$21,000
Class VIII
$19,000
Class IX
$18,500
Class X
$15,000
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. Within each county,
every county commissioner whose term of office commenced prior to
or on or after the first day of January, one thousand nine hundred
ninety- seven, shall receive the same annual compensation by virtue
of legislative findings of extra duties as set forth in section one
of this article.
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:
OTHER ELECTED OFFICIALS
County
Circuit
Prosecuting
Sheriff
Clerk
Clerk
Assessor
Attorney
Class I
$34,000
$42,000
$42,000
$34,000
$76,000
Class II
$33,500
$41,500
$41,500
$33,500
$74,000
Class III
$33,250
$40,500
$40,500
$33,250
$72,000
Class IV
$33,000
$40,250
$40,250
$33,000
$70,000
Class V
$32,750
$40,000
$40,000
$32,750
$68,000
Class VI
$32,500
$37,500
$37,500
$32,500
$45,000
Class VII
$32,250
$37,000
$37,000
$32,250
$43,000
Class VIII
$32,000
$36,500
$36,500
$32,000
$41,000
Class IX
$31,750
$36,000
$36,000
$31,750
$38,000
Class X
$29,000
$32,000
$32,000
$29,000
$35,000
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. Any county clerk,
circuit clerk, joint clerk of the county commission and circuit
court, if any, county assessor or sheriff of a Class I through
Class V county, inclusive, any assessor or any sheriff of a Class
VI through Class IX county, inclusive, 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.
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.
Any prosecuting attorney of a Class I through Class V county,
inclusive, shall devote full time to his or her public duties to
the exclusion of any other employment:
Provided, That any county
which under the prior provisions of this section was classified as
a Class II county and elected to maintain a part-time prosecutor
may continue to maintain a part-time prosecutor, until such time as
the county commission, on request of the part-time prosecutor,
approves and makes a finding, by proper order entered, that the
prosecuting attorney shall devote full time to his or her public
duties. The county commission shall then compensate said
prosecuting attorney at the same rate of compensation as that of a prosecuting attorney in a Class V county:
Provided, however, That
any county which under the prior provisions of this section was
classified as a Class II county and which did not elect to maintain
a part-time prosecutor shall 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
V county:
Provided further, That, until the first day of January,
two thousand one, when a vacancy occurs in the office of
prosecuting attorney prior to the end of a term, the county
commission of a Class IV or Class V county may elect to allow the
position to become part time for the end of that term, and
thereafter the position of prosecuting attorney shall become full
time.
(d) Prior to the primary election in the year two thousand,
and for the fiscal year beginning on the first day of July, two
thousand, 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 fiscal year beginning the first day of July, two thousand,
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 whether
county revenues are sufficient to pay the compensation mandated
herein for 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: Provided, however, That should there be an
insufficient projected increase in revenues to pay the compensation and related employment taxes mandated herein, then the compensation
of that county's elected officials shall remain at the level in
effect at the time certification was sought.
COUNTY COMMISSIONERS
Class I
$32,000
Class II
$31,265
Class III
$31,050
Class IV
$30,475
Class V
$29,000
Class VI
$24,725
Class VII
$24,150
Class VIII
$21,850
Class IX
$21,275
Class X
$17,250
The compensation hereinabove provided shall be paid on and
after the first day of January, two thousand one, to each county
commissioner. Within each county, every county commissioner whose
term of office commenced prior to or on or after the first day of
January, two thousand one, shall receive the same annual
compensation by virtue of legislative findings of extra duties as
set forth in section one of this article.
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:
OTHER ELECTED OFFICIALS
CountyCircuit
Sheriff Clerk Clerk
Class I
$39,100$50,400$50,400
Class II$38,525
$49,800
$49,800
Class III$38,238
$48,600
$48,600
Class IV$37,950
$48,300
$48,300
Class V$37,663
$48,000
$48,000
Class VI$37,375
$45,000
$45,000
Class VII$37,088
$44,400
$44,400
Class VIII$36,800
$43,800
$43,800
Class IX$36,512
$42,200
$42,200
Class X$33,350
$38,400
$38,400
Prosecuting
Assessor Attorney
$39,100
$87,400
$38,525
$85,100
$38,238
$82,800
$37,950
$80,500
$37,663
$78,200
$37,375
$51,750
$37,088
$49,450
$36,800
$47,150
$36,512
$43,700
$33,350
$40,250
The compensation hereinabove provided shall be paid on and
after the first day of January, two thousand one, to each elected
county official. Any county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, county assessor
or sheriff of a Class I through Class V county, inclusive, any
assessor or any sheriff of a Class VI through Class IX county,
inclusive, 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.
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 per cent higher than the
compensation would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
Any prosecuting attorney of a Class I through Class V county,
inclusive, shall devote full time to his or her public duties to
the exclusion of any other employment: Provided, That any county
which under the prior provisions of this section was classified as
a Class II county and elected to maintain a part-time prosecutor
may continue to maintain a part-time prosecutor, until such time as
the county commission, on request of the part-time prosecutor,
approves and makes a finding, by proper order entered, that the
prosecuting attorney shall devote full time to his or her public
duties. The county commission shall then compensate said
prosecutor at the same rate of compensation as that of a
prosecuting attorney in a Class V county: Provided, however, That
any county which under the prior provisions of this section was
classified as a Class II county and which did not elect to maintain
a part-time prosecutor shall 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 V county: Provided further, That, until the first day of
January, two thousand one, when a vacancy occurs in the office of
prosecuting attorney prior to the end of a term, the county
commission of a Class IV or Class V county may elect to allow the
position to become part time for the end of that term, and
thereafter the position of prosecuting attorney shall become full
time: And provided further, That in any county which has a part-
time prosecuting attorney, the county commission may, on the
request of the prosecuting attorney, 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, two thousand one. 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, two thousand one, 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 V county:
And provided further, That nothing contained herein shall be
interpreted to affect the status of a prosecuting attorney who has
heretofore, by proper order so entered, become full time.
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