H. B. 4717
(By Delegates Blair and Carmichael)
[Introduced February 27, 2004; referred to the
Committee on Finance.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §4-1-18a; and to
amend and reenact §4-2A-2, §4-2A-4, §4-2A-5, §4-2A-7 and
§4-2A-8 of said code, all relating to requiring the
Legislature to prepare a digest of the budget bill and
distribute it; reducing interim compensation for legislative
members; providing that reimbursement for expenses incurred by
legislative members may only be paid for reasonable and
necessary expenses; requiring members submit receipts for
expenses claimed for legislative service; providing, with
certain exceptions, that legislative members may not receive
a per diem allowance for more than three days while engaged in
the performance of duties during an extension of a regular
session which is extended solely to consider the budget;
restricting travel expenses to the continental United States;
providing, with certain exceptions, that not more than five
members of each house may be reimbursed for expenses for travel to any one event, seminar or conference; and providing
that a legislative member may not be reimbursed for
out-of-state travel more than once a year.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §4-1-18a; and that
§4-2A-2, §4-2A-4, §4-2A-5, §4-2A-7 and §4-2A-8 of said code be
amended and reenacted, all to read as follows:
ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS;
INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF
CAPITOL BUILDING; PREFILING OF BILLS AND
RESOLUTIONS; STANDING COMMITTEES; INTERIM MEETINGS;
NEXT MEETING OF THE SENATE.
§4-1-18a. Legislature to prepare digest of budget bill;
distribution.
The Legislature, acting by its appropriate committees, shall
consider the budget bill, the budget document and matters relating
thereto, and following such consideration and upon the passage of
the budget bill by the Legislature, the Legislature shall prepare
a digest or summary of the budget bill containing detailed
information similar to that included in the budget document
submitted to the Legislature by the governor but including
amendments of legislative committees, and as finally enacted by the
Legislature. Such digest or summary shall be prepared at the
direction of and approved by members of the conferees committee on
the budget and shall be included in the journals of the Legislature or printed as a separate document, and copies shall be furnished to
the governor, commissioner of finance and administration and the
various state spending units for such use as may be deemed proper.
Each member of the Legislature who desires to submit budget
digest requests to be considered as part of the budget process
shall do so in accordance with this section and procedures
determined by each legislative body. The aggregate dollar amount
of such requests which are ultimately approved shall be adjusted
proportionally so that each approved request shall be funded on an
equal pro rata basis.
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 fifteen thousand
dollars per calendar year.
Beginning in the calendar year two
thousand 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 thirteen thousand five hundred dollars per
calendar year. In addition to the basic compensation, members
shall receive the additional compensations as are expressly
provided
for in sections three, four and five of this article.
Except for the increased basic compensation set forth in this
subsection, 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 eighth day of January, one thousand nine
hundred ninety-nine, 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, two thousand, shall all become effective for calendar
year two thousand one, and each calendar year thereafter as
prescribed in this section.
(b) The basic compensation shall be payable twice a month
during each regular session of the Legislature, without regard to
any extension of 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 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 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 successor was
appointed and qualified, none of the basic compensation provided
for in this section shall be paid to such successor.
§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 fifty dollars per day up to a maximum of
eighty 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) 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) 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 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.
(a) 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 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 or her
replacement, if any, on a committee or commission under the
provisions of this subsection shall not exceed the sum of four
thousand five one thousand eight hundred dollars per calendar year.
(b) In addition to the basic and any additional compensation
provided for in sections two, three and four of this article and
subsection (a) of this section, each member shall receive interim
compensation of one hundred fifty dollars per day for each day actually engaged in the performance of legislative duties at a
meeting of any statutorily created legislative committee which
meets between regular sessions of the Legislature and outside of
regular interim meetings when authorized by the committee cochairs
and approved by the president of the Senate and the speaker of the
House of Delegates, not to exceed fifteen days per calendar year.
§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 a sum of up to a maximum of one hundred fifteen
dollars per day as per diem allowance for all reasonable and
necessary expenses for housing, meals and miscellaneous expenses
actually incurred in connection with any regular, extended,
extraordinary session or interim assignment or for any member
authorized by the presiding officer. Any member of the Legislature
who does commute daily shall receive the a sum of up to a maximum
of fifty-five dollars per day as the per diem allowance for all
reasonable and necessary expenses for meals and miscellaneous
expenses actually incurred and, in addition to 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 the means of
transportation actually used, plus the costs of necessary taxi or limousine service, tolls and parking fees in connection with the
travel: Provided, That the total of this per diem allowance plus
travel expense for a daily commuting member shall not exceed one
hundred fifteen dollars per day. The amount for mileage paid
pursuant to this subsection may change from time to time in
accordance with changes in the level of reimbursement by the travel
management office. A receipt for each expense incurred shall be
submitted with an expense voucher for payment of the per diem
expenses allowed in this subsection. Except for the speaker of the
House of Delegates and the president of the Senate, a member of the
Legislature may not receive per diem allowance while engaged in the
performance of interim duties as a member of any interim committee
between regular sessions of the Legislature for more than twelve
days in a calendar year. Except for the speaker of the House of
Delegates and the president of the Senate, ten members of the House
of Delegates designated by the speaker of the House of Delegates
and three members of the Senate designated by the president of the
Senate, a member of the Legislature may not receive a per diem
allowance for more than three days while engaged in the performance
of his or her duties during an extension of a regular session of
the Legislature solely for the purpose of considering the budget.
(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) of this section, and shall further
receive the per diem allowance established in the subsection in
connection with their visits to the capitol for business which is
related to their duties as 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
within the continental United States and returning incident to the
performance of his or her duties as a member of the Legislature or
any committee of the Legislature, whether the committee is
operating under general law or resolution, where the travel has
been duly authorized, is entitled to be reimbursed, upon submission
of an expense voucher for the travel, for all reasonable and
necessary expenses actually incurred incident to the travel, but
the total of any and all reimbursed expenses, exclusive of
reimbursement for 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 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 and a receipt is not required to be submitted with any expense voucher
for meal and miscellaneous expenses. Not more than five members of
each house , as designated by the presiding officer of each house,
may be authorized to be reimbursed for traveling, meals and
miscellaneous expenses for travel from West Virginia to an out-of-
state point or points for attendance at any one event, seminar or
conference. Except for 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, a member of the
Legislature may not be reimbursed for more than one trip from West
Virginia to an out-of-state point or points in the continental
United States and returning during a calendar year.
NOTE: The purpose of this bill is to reduce and restrict
compensation expense claims for legislative members. Particularly,
the bill addresses the following: (1) Reducing interim
compensation; (2) providing that reimbursement for expenses
incurred by legislative members may only be paid for reasonable and
necessary expenses; (3)requiring members submit receipts for
expenses claimed for legislative service; (4) providing, with
certain exceptions, that legislative members may not receive a per
diem allowance for more than three days while engaged in the
performance of duties during an extension of a regular session
which is extended solely to consider the budget; (5) restricting
travel expenses to the continental United States; (6) providing,
with certain exceptions, that not more than five members of each
house may be reimbursed for expenses for travel to any one event,
seminar or conference; and (7) providing that a legislative member
may not be reimbursed for out-of-state travel more than once a
year. The bill also requires the preparation of a digest of the
budget bill.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would be added.
§4-1-18a is new; therefore, strike-throughs and underscoring
have been omitted.
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