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Introduced Version House Bill 2003 History

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hb2003 intr
H. B. 2003


(By Delegate Blair)

[Introduced February 9, 2005; 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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