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Engrossed Version Senate Bill 514 History

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SB514 SUB1 eng
ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 514

(By Senators Kessler, Bailey, Sharpe, Oliverio, Yoder, Unger and Love)

____________

[Originating in the Committee on the Judiciary;

reported April 4, 2005.]

____________


A BILL to amend and reenact §6-7-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §51-1-10a of said code; to amend and reenact §51-2-13 of said code; and to amend and reenact §51-2A-6 of said code, all relating generally to the salaries of the Governor, Attorney General, State Treasurer, State Auditor, Secretary of Agriculture, Secretary of State, Supreme Court Justices, judges of circuit courts and family court judges; and effective dates.

Be it enacted by the Legislature of West Virginia:
That §6-7-2 of the Code of West Virginia, 1931, as amended
, be amended and reenacted; that §51-1-10a of said code be amended and reenacted; that §51-2-13 of said code be amended and reenacted; and that §51-2A-6 of said code be amended and reenacted, all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.

ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2. Salaries of certain state officers.
(a) The salaries for each of the state constitutional officers are as follows:
(1) The salary of the Governor is ninety thousand dollars per year;
(2) The salary of the Attorney General is seventy-five thousand dollars per year;
(3) The salary of the Auditor is seventy thousand dollars per year;
(4) The salary of the Secretary of State is sixty-five thousand dollars per year;
(5) The salary of the Commissioner of Agriculture is seventy thousand dollars per year; and
(6) The salary of the State Treasurer is seventy thousand dollars per year.
(b) (a) Beginning in the calendar year two thousand five, and for each calendar year thereafter, salaries for each of the state constitutional officers shall be as follows:
(1) The salary of the Governor shall be ninety-five thousand dollars per year;
(2) The salary of the Attorney General shall be eighty thousand dollars per year;
(3) The salary of the Auditor shall be seventy-five thousand dollars per year;
(4) The salary of the Secretary of State shall be seventy thousand dollars per year;
(5) The salary of the Commissioner of Agriculture shall be seventy-five thousand dollars per year; and
(6) The salary of the State Treasurer shall be seventy-five thousand dollars per year.
(b) Notwithstanding the provisions of subsection (a) of this section, beginning in the calendar year two thousand nine, and for each calendar year thereafter, salaries for each of the state constitutional officers shall be as follows:
(1) The salary of the Governor shall be one hundred fifty thousand dollars per year;
(2) The salary of the Attorney General shall be
one hundred five thousand dollars per year;
(3) The salary of the Auditor shall be ninety-five thousand dollars per year;
(4) The salary of the Secretary of State shall be
ninety-five thousand dollars per year;
(5) The salary of the Commissioner of Agriculture shall be
ninety-five thousand dollars per year; and
(6) The salary of the State Treasurer shall be
ninety-five thousand dollars per year.
CHAPTER 51. COURTS AND THEIR OFFICERS.

ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-10a. Salary of justices.
The salary of each of the Justices of the Supreme Court of Appeals shall be seventy-two ninety-five thousand dollars per year: Provided, That beginning the first day of January July, one thousand nine hundred ninety-five two thousand five, the salary of each of the Justices of the Supreme Court shall be eighty-five one hundred twenty-one thousand dollars per year. Provided, however, That beginning the first day of July, one thousand nine hundred ninety-nine, the salary of each of the justices of the supreme court shall be ninety-five thousand dollars per year.
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.

§51-2-13. Salaries of judges of circuit courts.

The salaries of the judges of the various circuit courts shall be paid solely out of the State Treasury. No county, county commission, board of commissioners or other political subdivision shall supplement or add to such salaries.
The annual salary of all circuit judges shall be sixty-five ninety thousand dollars per year: Provided, That beginning the first day of January July, one thousand nine hundred ninety-five two thousand five, the annual salary of all circuit judges shall be eighty one hundred sixteen thousand dollars per year. Provided, however, That beginning the first day of July, one thousand nine hundred ninety-nine, the annual salary of all circuit judges shall be ninety thousand dollars per year.
ARTICLE 2A. FAMILY COURTS.
§51-2A-6. Compensation and expenses of family court judges and their staffs.

(a) Until the thirty-first day of December, two thousand two, a family court judge is entitled to receive as compensation for his or her services an annual salary of sixty thousand dollars. Beginning the first day of January, two thousand three, A family court judge is entitled to receive as compensation for his or her services an annual salary of sixty-two thousand five hundred dollars: Provided, That beginning the first day of July, two thousand five, a family court judge is entitled to receive as compensation for his or her services an annual salary of seventy- five thousand five hundred dollars.
(b) The secretary-clerk of the family court judge is appointed by the family court judge and serves at his or her will and pleasure. The secretary-clerk of the family court judge is entitled to receive an annual salary of twenty-five thousand three hundred thirty-two dollars. In addition, any person employed as a secretary-clerk to a family law master court judge on the effective date of the enactment of this section during the sixth extraordinary session of the Legislature in the year two thousand one who is receiving an additional five hundred dollars per year up to ten years of a certain period of prior employment under the provisions of the prior enactment of section eight of this article during the second extraordinary session of the Legislature in the year one thousand nine hundred ninety-nine shall continue to receive such additional amount. Further, the secretary-clerk will receive such percentage or proportional salary increases as may be provided for by general law for other public employees and is entitled to receive the annual incremental salary increase as provided for in article five, chapter five of this code.
(c) The family court judge may employ not more than one family case coordinator who serves at his or her will and pleasure. The annual salary of the family case coordinator of the family court judge shall be established by the Administrative Director of the Supreme Court of Appeals but may not exceed thirty-six thousand sixty dollars. The family case coordinator will receive such percentage or proportional salary increases as may be provided for by general law for other public employees and is entitled to receive the annual incremental salary increase as provided for in article five, chapter five of this code.
(d) The sheriff or his or her designated deputy shall serve as a bailiff for a family court judge. The sheriff of each county shall serve or designate persons to serve so as to assure that a bailiff is available when a family court judge determines the same is necessary for the orderly and efficient conduct of the business of the family court.
(e) Disbursement of salaries for family court judges and members of their staffs are made by or pursuant to the order of the Director of the Administrative Office of the Supreme Court of Appeals.
(f) Family court judges and members of their staffs are allowed their actual and necessary expenses incurred in the performance of their duties. The expenses and compensation will be determined and paid by the Director of the Administrative Office of the Supreme Court of Appeals under such guidelines as he or she may prescribe, as approved by the Supreme Court of Appeals.
(g) Notwithstanding any other provision of law, family court judges are not eligible to participate in the retirement system for judges under the provisions of article nine of this chapter.
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