ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4076
(By Delegate Cowles)
[Passed February 29, 2008; in effect from passage.]
AN ACT to amend and reenact §4-2A-2, §4-2A-4, §4-2A-6 and §4-2A-7
of the Code of West Virginia, 1931, as amended; and to amend
and reenact §5-5-2 of said code, all relating to providing
employment benefits to public officials generally; increasing
basic compensation and per diem expense allowance for members
of the Legislature; increasing certain additional
compensations for certain members of the Legislature; and
increasing the annual incremental salary increase for certain
eligible employees of the state.
Be it enacted by the Legislature of West Virginia:
That §4-2A-2, §4-2A-4, §4-2A-6 and §4-2A-7 of the Code of West
Virginia, 1931, as amended, be amended and reenacted; and that §5-
5-2 of said code be amended and reenacted, all to read as follows:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 2A. COMPENSATION FOR AND EXPENSES OF MEMBERS OF THE
LEGISLATURE.
PART II. COMPENSATION.
§4-2A-2. Basic compensation for services; proration.
(a) Beginning in the calendar year two thousand nine and for
each calendar year after that, each member of the Legislature shall
receive as basic compensation for his or her services the sum of
twenty thousand dollars per calendar year, to be paid as provided
in subsection (b) of this section. In addition to the basic
compensation, members shall receive the additional compensations as
are expressly provided in sections three, four and five of this
article. All other increased amounts or new amounts in respect to
the compensation of members of the Legislature, set forth in the
resolution of the Citizens Legislative Compensation Commission,
dated the ninth day of January, two thousand seven, and implemented
in sections two, four, six and 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
seven, become effective for calendar year two thousand nine and
each calendar year after that: Provided, That increased amounts or
new amounts in respect to the expenses of members of the
Legislature, set forth in said resolution, and implemented in
sections six and 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 seven, become
effective for calendar year two thousand eight and each calendar
year after that.
(b) The basic compensation is payable as follows:
(1) In the year two thousand nine, and every fourth year after that:
(A) Five thousand dollars in each of February, March and.
April, payable twice a month; and
(B) Six hundred twenty-five dollars in each of January, May,
June, July, August, September, October and November, payable once
a month.
(2) Beginning in two thousand ten, in all years except those
described in subdivision (1) of this subsection:
(A) Five thousand dollars in each of January, February and
March, payable twice a month; and
(B) Six hundred twenty-five dollars in each of April, May,
June, July, August, September, October and November, payable once
a month;
(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, the compensation provided in this section for
the month in which the death, resignation or removal of the member
of the Legislature occurs 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 in the month.
§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 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) One hundred 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 for attending to
legislative business 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 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 fifty
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 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 six 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 when the Legislature is not in regular, extended or
extraordinary session and interim committees are not meeting.
PART III. EXPENSES.
§4-2A-6. Travel expenses.
(a) Each member of the Legislature is entitled to be
reimbursed, upon submission of an expense voucher, for expenses
incurred incident to travel in the performance of his or her duties
as a member of the Legislature or any committee of the Legislature,
whether the committee is operating under general law or resolution,
including, but not limited to, attendance at party caucuses held in
advance of the date of the assembly of the Legislature in regular
session in odd-numbered years for the purpose of selecting
candidates for officers of the two houses, at a rate equal to that
paid by the travel management office of the department of
administration for the most direct usually traveled route, if
travel is by private automobile, or for actual transportation costs
for direct route travel, if travel is by public carrier, or for any
combination of those means of transportation actually used, plus
the cost of necessary taxi or limousine service, tolls and parking
fees in connection with the travel, but during any regular,
extension of regular or extraordinary session, travel expenses
shall not be paid to any member for more than one round trip to and
from the seat of government and to and from his or her place of
residence for each week of the session.
(b) In addition to the travel expense in subsection (a) of
this section, the president of the Senate and the speaker of the
House of Delegates are entitled to be reimbursed as provided in
subsection (a) of this section, upon submission of an expense
voucher, for expenses incurred incident to travel which is related
to their duties as presiding officers of the respective houses of
the Legislature, but which takes place when the Legislature is not
in regular, extension of regular or extraordinary session and
interim committees are not meeting.
(c) The rate paid for mileage pursuant to this section may
change from time to time in accordance with changes in the
reimbursement rates established by the travel management office of
the department of administration, or its successor agency.
§4-2A-7. Reimbursement for expenses incurred during any session or
interim assignment.
(a) Each member of the Legislature who does not commute daily
shall receive the sum of one hundred thirty-one dollars per day as
per diem allowance in connection with any regular, extended,
extraordinary session, interim assignment or for any member
authorized by the presiding officer. Any member of the Legislature
who does commute daily shall receive the sum of fifty-five dollars
per day as the per diem allowance 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 may not exceed one
hundred thirty-one 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.
(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, the chairman of the senate
committee on the judiciary, and up to six 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 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.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-2. Granting incremental salary increases based on years of
service.
(a)(1) Every eligible employee with three or more years of
service shall receive an annual salary increase equal to fifty
dollars times the employee's years of service. In each fiscal year
and on the first day of July, each eligible employee shall receive
an annual increment increase of fifty dollars for that fiscal year.
(2) For fiscal years beginning the first day of July, two
thousand eight, and each fiscal year thereafter, every eligible
employee with one or more years of service shall receive an annual
salary increase equal to sixty dollars times the employee's years
of service. In each fiscal year and on the first day of July, each
eligible employee shall receive an annual increment increase of
sixty dollars for that fiscal year.
(b)(1) Except as provided in subdivision (2) of this
subsection, every employee becoming newly eligible as a result of
meeting the three years of service minimum requirement on the first
day of July in any fiscal year is entitled to the annual salary
increase equal to fifty dollars times the employee's years of
service, where he or she has not in a previous fiscal year received
the benefit of an increment computation. Thereafter, the employee
shall receive a single annual increment increase of fifty dollars
for each subsequent fiscal year.
(2) Every employee becoming newly eligible as a result of meeting the three years of service minimum requirement on the first
day of July in any fiscal year subsequent to the fiscal year ending
the thirtieth day of June, two thousand eight, is entitled to the
annual salary increase equal to sixty dollars times the employee's
years of service, where he or she has not in a previous fiscal year
received the benefit of an increment computation. Thereafter, the
employee shall receive a single annual increment increase of sixty
dollars for each subsequent fiscal year.
(c) These incremental increases are in addition to any
across-the-board, cost-of-living or percentage salary increases
which may be granted in any fiscal year by the Legislature.
(d) This section shall not be construed to prohibit other pay
increases based on merit, seniority, promotion or other reason, if
funds are available for the other pay increases:
Provided, That
the executive head of each spending unit shall first grant the
mandated increase in compensation in this section to all eligible
employees prior to the consideration of any increases based on
merit, seniority, promotion or other reason.