Senate Bill No. 558
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Introduced February 13, 2006; referred to the Committee on
Finance.]
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A BILL to amend and reenact §6-7-2a of the Code of West Virginia,
1931, as amended; to amend and reenact §9A-1-5 of said code;
to amend and reenact §15-2-2 of said code; to amend and
reenact §16-5P-5 of said code; to amend and reenact §17-2A-3
of said code; to amend and reenact §19-1A-5 of said code; to
amend and reenact §20-1-5 of said code; to amend and reenact
§21-1-2 of said code; to amend and reenact §22-1-6 of said
code; to amend and reenact §24-1-3 of said code; to amend and
reenact §29-1-1 of said code; and to amend and reenact §60-2-9
of said code, all relating to compensation of state officials;
providing for salary adjustments for certain appointive state
officers; and adjusting annual stipend for the Chair of the
Public Service Commission.
Be it enacted by the Legislature of West Virginia:
That §6-7-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §9A-1-5 of said code be amended and reenacted; that §15-2-2 of said code be amended and reenacted; that
§16-5P-5 of said code be amended and reenacted; that §17-2A-3 of
said code be amended and reenacted; that §19-1A-5 of said code be
amended and reenacted; that §20-1-5 of said code be amended and
reenacted; that §21-1-2 of said code be amended and reenacted; that
§22-1-6 of said code be amended and reenacted; that §24-1-3 of said
code be amended and reenacted; that §29-1-1 of said code be amended
and reenacted; that §60-2-9 of said code be amended and reenacted,
all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2a. Terms of certain appointive state officers; appointment;
qualifications; powers and salaries of such officers.
(a) 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 the appointive state
officers serves 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 the appointive state officers are subject to the existing
qualifications for holding each respective office and each has 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 each office.
Prior to the first day of July,
two thousand one two thousand six, each such named appointive state officer shall continue to
receive the annual salaries they were receiving as of the effective
date of the enactment of this section in
two thousand one two
thousand six, and thereafter, notwithstanding any other provision
of this code to the contrary, the annual salary of each named
appointive state officer shall be as follows:
Administrator Commissioner, Division of Highways,
ninety
thousand dollars ninety-two thousand five hundred dollars;
administrator, State Tax Division, sixty-five thousand dollars;
administrator Commissioner, Division of Corrections,
seventy-five
thousand dollars eighty thousand dollars; administrator Director,
Division of Natural Resources,
seventy thousand dollars
seventy-five thousand dollars; Superintendent, State Police,
seventy-five thousand dollars eighty-five thousand dollars;
administrator, Lottery division,
seventy-five thousand dollars;
Director, Public Employees Insurance Agency; seventy-five thousand
dollars; administrator Commissioner, Division of Banking,
sixty
thousand dollars seventy thousand dollars; administrator, division
of insurance, sixty thousand dollars;
administrator Commissioner,
Division of Culture and History,
fifty-five thousand dollars sixty
thousand dollars; administrator Commissioner, Alcohol Beverage
Control Commission,
seventy thousand dollars seventy-five thousand
dollars; administrator Commissioner, Division of Motor Vehicles,
seventy thousand dollars seventy-five thousand dollars; Director,
Division of Personnel,
fifty-five thousand dollars seventy thousand dollars; Adjutant General,
seventy-five thousand dollars
eighty-five thousand dollars; Chairman, Health Care Authority,
seventy thousand dollars seventy-five thousand dollars; members,
Health Care Authority, sixty thousand dollars; Director, Human
Rights Commission,
forty-five thousand dollars fifty thousand
dollars; administrator Commissioner, Division of Labor,
sixty
thousand dollars sixty-five thousand dollars; administrator
Director, Division of Veterans' Affairs,
forty-five thousand
dollars fifty thousand dollars; administrator, Division of
Emergency services, forty-five thousand dollars; Chairperson, Board
of Parole, fifty-five thousand dollars; members, Board of Parole,
forty-five thousand dollars;
members, Employment Security Review
Board, seventeen thousand dollars; members, workers' compensation
appeal board, seventeen thousand eight hundred dollars;
administrator and Commissioner, Bureau of Employment Programs,
seventy thousand dollars seventy-five thousand dollars.
administrator, bureau of commerce, seventy thousand dollars;
administrator, bureau of environment, seventy thousand dollars; and
Director, Office of Miners' Health, Safety and Training, sixty-five
thousand dollars. Secretaries of the departments shall be paid an
annual salary as follows: Health and Human Resources,
ninety
thousand dollars ninety-five thousand dollars; Transportation,
seventy-five thousand dollars ninety-five thousand dollars; tax and
Revenue,
seventy-five thousand dollars ninety-five thousand
dollars; Military Affairs and Public Safety,
seventy-five thousand dollars ninety-five thousand dollars; Administration,
seventy-five
thousand dollars ninety-five thousand dollars; Education and the
Arts,
seventy-five thousand dollars ninety-five thousand dollars;
Commerce, ninety-five thousand dollars; and Environmental
Protection,
seventy-five thousand dollars ninety-five thousand
dollars: Provided, That any increase in the salary of any current
appointive state officer named in this subsection pursuant to the
reenactment of this subsection during the regular session of the
Legislature in two thousand six that exceeds five thousand dollars
shall be paid to such officer beginning on the first day of July,
two thousand six, in annual increments of five thousand dollars per
fiscal year, up to the maximum salary provided in this subsection:
Provided, however, That in the event of a vacancy in any of the
appointive state offices named in this subsection, the annual
salary of the respective state officers' successors shall
immediately be set at the maximum salary provided in this
subsection.
(b) 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,
two thousand two two thousand six,
each of the state officers named in this subsection shall continue
to receive the annual salaries he or she was receiving as of the
effective date of the enactment of this section in
two thousand two
two thousand six, and shall thereafter, notwithstanding any other
provision of this code to the contrary, be paid an annual salary as follows:
Administrator, division Director, Board of Risk and Insurance
Management,
fifty-five thousand dollars seventy-five thousand
dollars; Director, Division of Rehabilitation Services,
sixty
thousand dollars sixty-five thousand dollars; Executive Director,
Educational Broadcasting Authority,
sixty thousand dollars
sixty-five thousand dollars; Secretary, Library Commission,
sixty-
seven thousand dollars seventy-two thousand dollars; Director,
Geological and Economic Survey,
fifty-two thousand five hundred
dollars fifty-five thousand dollars; Executive Director,
Prosecuting Attorneys Institute,
sixty thousand dollars sixty-five
thousand dollars; Executive Director, Public Defender Services,
sixty thousand dollars sixty-five thousand dollars; Commissioner,
Bureau of Senior Services,
seventy thousand dollars seventy-five
thousand dollars; Director, State Rail Authority,
fifty-five
thousand dollars sixty thousand dollars; Executive
Secretary
Director, Women's Commission,
thirty-one thousand dollars forty-one
thousand dollars; Director, Hospital Finance Authority,
twenty-six
thousand dollars thirty-one thousand dollars; member, racing
commission, twelve thousand dollars; chairman, Public Service
Commission,
seventy thousand dollars seventy-five thousand dollars;
and members, Public Service Commission,
seventy thousand dollars
seventy-five thousand dollars; Director, Division of Forestry,
seventy thousand dollars; Director, Division of Juvenile Services,
eighty thousand dollars; and Executive Director, Regional Jail and Correctional Authority, eighty thousand dollars: Provided, That
any increase in the salary of any current appointive state officer
named in this subsection pursuant to the reenactment of this
subsection during the regular session of the Legislature in two
thousand six that exceeds five thousand dollars shall be paid to
such officer beginning on the first day of July, two thousand six,
in annual increments of five thousand dollars per fiscal year, up
to the maximum salary provided in this subsection: Provided,
however, That in the event of a vacancy in any of the appointive
state offices named in this subsection, the annual salary of the
respective state officers' successors shall immediately be set at
the maximum salary provided in this subsection.
(c) 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 the appointive state
officers serves 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 the appointive state officers are subject to the existing
qualifications for holding each respective office and each has 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 each office.
Prior to the first day of July, two thousand six, each such
named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the
enactment of this section in two thousand six, and thereafter,
notwithstanding any other provision of this code to the contrary,
the annual salary of each named appointive state officer shall be
as follows:
Commissioner, State Tax Division, ninety-two thousand five
hundred dollars; Commissioner, Insurance Commission, ninety-two
thousand five hundred dollars; Director, Lottery Commission,
ninety-two thousand five hundred dollars; and Director, Division of
Homeland Security and Emergency Management, sixty thousand dollars.
(c) (d) No increase in the salary of any appointive state
officer pursuant to this section shall be paid until and unless the
appointive state officer has 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 the form to the affected spending
units.
CHAPTER 9A. VETERANS' AFFAIRS.
ARTICLE 1. DIVISION OF VETERANS' AFFAIRS.
§9A-1-5. Compensation of director, veterans' affairs officers,
assistants and employees; payment to Veterans'
Council members; traveling expenses; meetings of
veterans' council.
The director shall receive
a an annual salary
of thirty-two
thousand dollars per annum as provided in section two-a, article
seven, chapter six of this code, and necessary traveling expenses
incident to the performance of his or her duties. The salaries of
the veterans' affairs officers, assistants and employees shall be
fixed by the Veterans' Council. The members of the veterans'
council shall receive no salary, but each member shall receive the
same compensation and expense reimbursement as is paid to members
of the Legislature for their interim duties as recommended by the
citizens legislative compensation commission and authorized by law
for each day or portion thereof engaged in the discharge of
official duties. The requisition for such expenses and traveling
expenses shall be accompanied by a sworn and itemized statement,
which shall be filed with the Auditor and permanently preserved as
a public record. The Veterans' Council shall hold its initial
meeting on the call of the Governor, and thereafter shall meet on
the call of its chairman, except as otherwise provided. With the
exception of the first three meetings of the Veterans' Council,
none of which shall be of a duration longer than two weeks each,
for organizational purposes, the Veterans' Council shall meet not
more than once every two months at such times as may be determined
by and upon the call of the chairman for a period of not more than
two days, unless there should be an emergency requiring a special
meeting or for a longer period and so declared and called by the
Governor or by the chairman with the approval of the Governor. A majority of the members of the Veterans' Council shall constitute
a quorum for the conduct of official business.
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-2. Superintendent; departmental headquarters; continuation
of the State Police.
The Department of Public Safety, heretofore established, shall
be continued and hereafter shall be known as the West Virginia
State Police. Wherever the words "Department of Public Safety" or
"Division of Public Safety" appear in this code, they shall mean
the West Virginia State Police. The Governor shall nominate, and
by and with the advice and consent of the Senate, appoint a
superintendent to be the executive and administrative head of the
department.
Notwithstanding any provision of this code to the
contrary, The superintendent shall be paid an annual salary
of
sixty thousand dollars as provided in section two-a, article seven,
chapter six of this code. The superintendent shall hold the rank
of colonel and is entitled to all rights, benefits and privileges
of regularly enlisted members. On the date of his or her
appointment, the superintendent shall be at least thirty years of
age. Before entering upon the discharge of the duties of his or
her office, he or she shall execute a bond in the penalty of ten
thousand dollars, payable to the State of West Virginia and
conditioned upon the faithful performance of his or her duties.
Such bond both as to form and security shall be approved as to form by the Attorney General, and to sufficiency by the Governor.
Before entering upon the duties of his or her office the
superintendent shall subscribe to the oath hereinafter provided.
The headquarters of the department shall be located in Kanawha
County.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 5P. SENIOR SERVICES.
§16-5P-5. Compensation; traveling expenses.
Notwithstanding the provisions of section two-a, article
seven, chapter six of this code, The Commissioner of the Bureau of
Senior Services shall receive a yearly an annual salary of sixty-
five thousand dollars as provided in section two-a, article seven,
chapter six of this code and the necessary traveling expenses
incident to the performance of his or her duties. Requisition for
traveling expenses shall be accompanied by a sworn itemized
statement which shall be filed with the Auditor and preserved as a
public record.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-3. Salary and expenses.
The commissioner shall receive an annual salary
of fourteen
thousand dollars as provided in section two-a, article seven,
chapter six of this code. He
or she shall be allowed and paid
necessary traveling expenses incident to performance of his
or her
duties. Statements covering such expenses shall be itemized and verified by the commissioner.
CHAPTER 19. AGRICULTURE.
ARTICLE 1A. DIVISION OF FORESTRY.
§19-1A-5. Director of Division of Forestry; appointment;
qualifications
.
The Director of the Division of Forestry shall be appointed by
the Governor, by and with the advice and consent of the Senate, and
shall serve at the will and pleasure of the Governor. The director
shall be a graduate of a school of forestry accredited by the
society of American foresters and have a minimum of ten years'
experience in forest management.
The director's salary shall be
sixty-five thousand dollars per year The director shall be paid an
annual salary as provided in section two-a, article seven, chapter
six of this code: Provided, That the director's salary shall be
paid solely from budget appropriations to the division.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-5. Salary, expenses, oath and bond of director.
Any other provision of this code to the contrary
notwithstanding, The director shall receive an annual salary
of
sixty-five thousand dollars as provided in section two-a, article
seven, chapter six of this code, payable in equal monthly
installments, and shall be allowed and paid necessary expenses
incident to the performance of his
or her official duties. Prior to the assumption of the duties of his
or her office, he
or she
shall take and subscribe to the oath required of public officers by
the Constitution of West Virginia and shall execute a bond, with
surety approved by the Governor, in the penal sum of ten thousand
dollars, which executed oath and bond shall be filed in the office
of the Secretary of State. Premiums on the bond shall be paid from
division funds.
CHAPTER 21. LABOR.
ARTICLE 1. DIVISION OF LABOR.
§21-1-2. Appointment of Commissioner of Labor; qualifications;
term of office; salary.
The State Commissioner of Labor shall be appointed by the
Governor, by and with the advice and consent of the Senate. He
or
she shall be a competent person, who is identified with the labor
interests of the state. The Commissioner of Labor in office on the
effective date of this section shall, unless sooner removed,
continue to serve until his
or her term expires and his
or her
successor has been appointed and has qualified. On or before the
first day of April, one thousand nine hundred forty-one, and on or
before the first day of April of each fourth year thereafter, the
Governor shall appoint a Commissioner of Labor to serve for a term
of four years, commencing on said first day of April.
Notwithstanding the provisions of section two-a, article seven,
chapter six of this code, the salary of the commissioner of labor
shall be ten thousand dollars per annum. The commissioner shall receive an annual salary as provided in section two-a, article
seven, chapter six of this code.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-6. Secretary of the Department of Environmental Protection.
(a) The secretary is the chief executive officer of the
division. Subject to section seven of this article and other
provisions of law, the secretary shall organize the department into
such offices, sections, agencies and other units of activity as may
be found by the secretary to be desirable for the orderly,
efficient and economical administration of the department and for
the accomplishment of its objects and purposes. The secretary may
appoint a deputy secretary, chief of staff, assistants, hearing
officers, clerks, stenographers and other officers, technical
personnel and employees needed for the operation of the department
and may prescribe their powers and duties and fix their
compensation within amounts appropriated.
(b) The secretary has the power to and may designate
supervisory officers or other officers or employees of the
department to substitute for him or her on any board or commission
established under this code or to sit in his or her place in any
hearings, appeals, meetings or other activities with such
substitute having the same powers, duties, authority and
responsibility as the secretary. The secretary has the power to
delegate, as he or she considers appropriate, to supervisory officers or other officers or employees of the department his or
her powers, duties, authority and responsibility relating to
issuing permits, hiring and training inspectors and other employees
of the department, conducting hearings and appeals and such other
duties and functions set forth in this chapter or elsewhere in this
code.
(c) The secretary has responsibility for the conduct of the
intergovernmental relations of the department, including assuring:
(1) That the department carries out its functions in a manner
which supplements and complements the environmental policies,
programs and procedures of the Federal Government, other state
governments and other instrumentalities of this state; and
(2) That appropriate officers and employees of the division
consult with individuals responsible for making policy relating to
environmental issues in the Federal Government, other state
governments and other instrumentalities of this state concerning
differences over environmental policies, programs and procedures
and concerning the impact of statutory law and rules upon the
environment of this state.
(d) In addition to other powers, duties and responsibilities
granted and assigned to the secretary by this chapter, the
secretary is hereby authorized and empowered to:
(1) Sign and execute in the name of the state by the
"Department of Environmental Protection" any contract or agreement
with the Federal Government or its departments or agencies, subdivisions of the state, corporations, associations, partnerships
or individuals:
Provided, That the powers granted to the secretary
to enter into agreements or contracts and to make expenditures and
obligations of public funds under this subdivision may not exceed
or be interpreted as authority to exceed the powers granted by the
Legislature to the various commissioners, directors or board
members of the various departments, agencies or boards that
comprise and are incorporated into each secretary's department
pursuant to the provisions of chapter five-f of this code;
(2) Conduct research in improved environmental protection
methods and disseminate information to the citizens of this state;
(3) Enter private lands to make surveys and inspections for
environmental protection purposes; to investigate for violations of
statutes or rules which the division is charged with enforcing; to
serve and execute warrants and processes; to make arrests; issue
orders, which for the purposes of this chapter include consent
agreements; and to otherwise enforce the statutes or rules which
the division is charged with enforcing;
(4) Acquire for the state in the name of the "Department of
Environmental Protection" by purchase, condemnation, lease or
agreement, or accept or reject for the state, in the name of the
Department of Environmental Protection, gifts, donations,
contributions, bequests or devises of money, security or property,
both real and personal, and any interest in property;
(5) Provide for workshops, training programs and other educational programs, apart from or in cooperation with other
governmental agencies, necessary to insure adequate standards of
public service in the department. The secretary may provide for
technical training and specialized instruction of any employee.
Approved educational programs, training and instruction time may be
compensated for as a part of regular employment. The secretary is
authorized to pay out of federal or state funds, or both, as such
funds are available, fees and expenses incidental to such
educational programs, training and instruction. Eligibility for
participation by employees will be in accordance with guidelines
established by the secretary;
(6) Issue certifications required under 33 U. S. C. §1341 of
the Federal Clean Water Act and enter into agreements in accordance
with the provisions of section seven-a, article eleven of this
chapter. Prior to issuing any certification the secretary shall
solicit from the Division of Natural Resources reports and comments
concerning the possible certification. The Division of Natural
Resources shall direct the reports and comments to the secretary
for consideration; and
(7) Notwithstanding any provisions of this code to the
contrary, employ in-house counsel to perform all legal services for
the secretary and the department, including, but not limited to,
representing the secretary, any chief, the department or any office
thereof in any administrative proceeding or in any proceeding in
any state or federal court. Additionally, the secretary may call upon the Attorney General for legal assistance and representation
as provided by law.
(e) The secretary shall be appointed by the Governor, by and
with the advice and consent of the Senate, and serves at the will
and pleasure of the Governor.
(f) At the time of his or her initial appointment, the
secretary must be at least thirty years old and must be selected
with special reference and consideration given to his or her
administrative experience and ability, to his or her demonstrated
interest in the effective and responsible regulation of the energy
industry and the conservation and wise use of natural resources.
The secretary must have at least a bachelor's degree in a related
field and at least three years of experience in a position of
responsible charge in at least one discipline relating to the
duties and responsibilities for which the secretary will be
responsible upon assumption of the office. The secretary may not
be a candidate for or hold any other public office, may not be a
member of any political party committee and shall immediately
forfeit and vacate his or her office as secretary in the event he
or she becomes a candidate for or accepts appointment to any other
public office or political party committee.
(g) The secretary
will shall receive an annual salary
of
eighty-five thousand dollars as provided in section two-a, article
seven, chapter six of this code and will be allowed and paid
necessary expenses incident to the performance of his or her official duties. Prior to the assumption of the duties of his or
her office, the secretary shall take and subscribe to the oath
required of public officers prescribed by section five, article IV
of the Constitution of West Virginia and shall execute a bond, with
surety approved by the Governor, in the penal sum of ten thousand
dollars, which executed oath and bond will be filed in the office
of the Secretary of State. Premiums on the bond will be paid from
the department funds.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 1. GENERAL PROVISIONS.
§24-1-3. Commission continued; membership; chairman; compensation.
(a) The Public Service Commission of West Virginia is
continued and directed as provided by this chapter, chapter
twenty-four-a, chapter twenty-four-b and chapter twenty-four-d of
this code. After having conducted a performance audit through its
Joint Committee on Government Operations, pursuant to section nine,
article ten, chapter four of this code, the Legislature hereby
finds and declares that the Public Service Commission should be
continued and reestablished. Accordingly, notwithstanding the
provisions of section five, article ten, chapter four of this code,
the Public Service Commission shall continue to exist until the
first day of July, two thousand three. The Public Service
Commission may sue and be sued by that name. The Public Service
Commission shall consist of three members who shall be appointed by
the Governor, with the advice and consent of the Senate. The commissioners shall be citizens and residents of this state and at
least one of them shall be duly licensed to practice law in West
Virginia, with not less than ten years' actual work experience in
the legal profession as a member of a state bar. No more than two
of the commissioners shall be members of the same political party.
Each commissioner shall, before entering upon the duties of his or
her office, take and subscribe to the oath provided by section
five, article IV of the Constitution of this State. The oath shall
be filed in the Office of the Secretary of State. The Governor
shall designate one of the commissioners to serve as chairman at
the Governor's will and pleasure. The chairman shall be the chief
administrative officer of the commission. The Governor may remove
any commissioner only for incompetency, neglect of duty, gross
immorality, malfeasance in office or violation of subsection (c) of
this section.
(b) The unexpired terms of members of the term Public Service
Commission at the time this subsection becomes effective are
continued. Upon expiration of the terms, appointments are for
terms of six years, except that an appointment to fill a vacancy is
for the unexpired term only. The commissioners whose terms are
terminated by the provisions of this subsection are eligible for
reappointment.
(c) No person while in the employ of, or holding any official
relation to, any public utility subject to the provisions of this
chapter or holding any stocks or bonds of a public utility subject to the provisions of this chapter or who is pecuniarily interested
in a public utility subject to the provisions of this chapter may
serve as a member of the commission or as an employee of the
commission. Nor may any commissioner be a candidate for or hold
public office or be a member of any political committee while
acting as a commissioner; nor may any commissioner or employee of
the commission receive any pass, free transportation or other thing
of value, either directly or indirectly, from any public utility or
motor carrier subject to the provisions of this chapter. In case
any of the commissioners becomes a candidate for any public office
or a member of any political committee, the Governor shall remove
him or her from office and shall appoint a new commissioner to fill
the vacancy created.
(d) The salaries of members of the Public Service Commission
and the manner in which they are paid established by the prior
enactment of this section are continued. Effective the first day
of July, two thousand one, the annual salary of each commissioner
provided in section two-a, article seven, chapter six of this code
shall be paid in monthly installments from the special funds in the
percentages that follow:
(1) From the Public Service Commission Fund collected under
the provisions of section six, article three of this chapter,
eighty percent;
(2) From the Public Service Commission Motor Carrier Fund
collected under the provisions of section six, article six, chapter twenty-four-a of this code, seventeen percent; and
(3) From the Public Service Commission Gas Pipeline Safety
Fund collected under the provisions of section three, article five,
chapter twenty-four-b of this code, three percent.
In addition to the salary provided for all commissioners in
section two-a, article seven, chapter six of this code, the
chairman of the commission shall receive
five thousand dollars ten
thousand dollars per annum to be paid in monthly installments from
the Public Service Commission Fund collected under the provisions
of section six, article three of this chapter.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 1. DIVISION OF CULTURE AND HISTORY.
§29-1-1. Division of Culture and History continued; sections and
commissions; purposes; definitions; effective date.
(a) The Division of Culture and History and the Office of
Commissioner of Culture and History heretofore created are hereby
continued. The Governor shall nominate and, by and with the advice
and consent of the Senate, appoint the commissioner, who shall be
the chief executive officer of the division and shall be paid an
annual salary
of forty-five thousand dollars per year,
notwithstanding the provisions of as provided in section two-a,
article seven, chapter six of this code. The commissioner so
appointed shall have: (1) A bachelor's degree in one of the fine
arts, social sciences, library science or a related field; or (2)
four years' experience in the administration of museum management, public administration, arts, history or a related field.
(b) The division shall consist of five sections as follows:
(1) The arts section;
(2) The archives and history section;
(3) The museums section;
(4) The historic preservation section; and
(5) The administrative section.
(c) The division shall also consist of two citizens
commissions as follows:
(1) A commission on the arts; and
(2) A commission on archives and history.
(d) The commissioner shall exercise control and supervision of
the division and shall be responsible for the projects, programs
and actions of each of its sections. The purpose and duty of the
division is to advance, foster and promote the creative and
performing arts and crafts, including both indoor and outdoor
exhibits and performances; to advance, foster, promote, identify,
register, acquire, mark and care for historical, prehistorical,
archaeological and significant architectural sites, structures and
objects in the state; to encourage the promotion, preservation and
development of significant sites, structures and objects through
the use of economic development activities such as loans,
subsidies, grants and other incentives; to coordinate all cultural,
historical and artistic activities in State Government and at
state-owned facilities; to acquire, preserve and classify books, documents, records and memorabilia of historical interest or
importance; and, in general, to do all things necessary or
convenient to preserve and advance the culture of the state.
(e) The division shall have jurisdiction and control and may
set and collect fees for the use of all space in the building
presently known as the West Virginia Science and Culture Center,
including the deck and courtyards forming an integral part thereof;
the building presently known as West Virginia Independence Hall in
Wheeling, including all the grounds and appurtenances thereof;
"Camp Washington Carver" in Fayette County, as provided
for in
section fourteen of this article; and any other sites as may be
transferred to or acquired by the division. Notwithstanding any
provision of this code to the contrary, including the provisions of
article one of chapter five-b of this code, beginning on and after
the first day of July, one thousand nine hundred ninety-three, the
division shall have responsibility for, and control of, all visitor
touring and visitor tour guide activities within the State Capitol
Building at Charleston.
(f) For the purposes of this article, "commissioner" means the
Commissioner of Culture and History, and "division" means the
Division of Culture and History.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 2. ALCOHOLIC BEVERAGE CONTROL COMMISSIONER.
§60-2-9. Salary and expenses.
The commissioner shall receive an annual salary
of sixty thousand dollars as provided in section two-a, article seven,
chapter six of this code, and shall be paid actual and necessary
traveling expenses incurred in performance of the official duties
of the office.
__________
(NOTE: The purpose of this bill is to provide for a salary
adjustment for certain appointive state officers.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.)
_________
FINANCE COMMITTEE AMENDMENTS
On page two, line thirteen, by adding the following:
§6-7-2. Salaries of certain state officers.
Beginning in the calendar year two thousand
five seven, and
for each calendar year after that, salaries for each of the state
constitutional officers are as follows:
(1) The salary of the Governor is
ninety-five one hundred
thousand dollars per year;
(2) The salary of the Attorney General is eighty thousand
dollars per year;
(3) The salary of the Auditor is seventy-five thousand dollars
per year;
(4) The salary of the Secretary of State is seventy thousand
dollars per year;
(5) The salary of the Commissioner of Agriculture is
seventy-five thousand dollars per year; and
(6) The salary of the State Treasurer is seventy-five thousand
dollars per year.;
On page four, section two-a, line fifteen, by striking out the
word "forty-five" and inserting in lieu thereof the word "fifty";
On page six, section two-a, line eighteen, by striking out the
word "sixty-five" and inserting in lieu thereof the word "seventy";
On pages one and two, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That §6-7-2 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; §6-7-2a of said code, be amended and
reenacted; that §9A-1-5 of said code be amended and reenacted; that
§15-2-2 of said code be amended and reenacted; that §16-5P-5 of said code be amended and reenacted; that §17-2A-3 of said code be
amended and reenacted; that §19-1A-5 of said code be amended and
reenacted; that §20-1-5 of said code be amended and reenacted; that
§21-1-2 of said code be amended and reenacted; that §22-1-6 of said
code be amended and reenacted; that §24-1-3 of said code be amended
and reenacted; that §29-1-1 of said code be amended and reenacted;
and that §60-2-9 of said code be amended and reenacted, all to read
as follows:;
And,
On page one, by striking out the title and inserting in lieu
thereof a new title, to read as follows:
Eng. Senate Bill No. 558--A Bill to amend and reenact §6-7-2
of the Code of West Virginia, 1931, as amended; to amend and
reenact §6-7-2a of said code; to amend and reenact §9A-1-5 of said
code; to amend and reenact §15-2-2 of said code; to amend and
reenact §16-5P-5 of said code; to amend and reenact §17-2A-3 of
said code; to amend and reenact §19-1A-5 of said code; to amend and
reenact §20-1-5 of said code; to amend and reenact §21-1-2 of said
code; to amend and reenact §22-1-6 of said code; to amend and
reenact §24-1-3 of said code; to amend and reenact §29-1-1 of said
code; and to amend and reenact §60-2-9 of said code, all relating
to compensation of state officials; providing for salary adjustment
for the Governor; providing for salary adjustments for certain
appointive state officers; and adjusting annual stipend for the
Chair of the Public Service Commission.
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