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Introduced Version Senate Bill 4012 History

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sb4012 intr
Senate Bill No. 4012

(By Senators Tomblin, Mr. President, and Sprouse,

By Request of the Executive)

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[Introduced September 7, 2005; referred to the Committee on Government Organization; and then 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 §15-2-5 of said code; to amend and reenact §19-23-4 of said code; and to amend and reenact §24-1-3 of said code, all relating generally to salaries of state officials; providing a Senior Executive Service Salary Schedule for certain state officials; relating to an increase in the annual base salary of all sworn State Police personnel; salaries for members of the Racing Commission; and salaries of the members 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 §15-2-5 of said code be amended and reenacted; that §19-23-4 of said code be amended and reenacted; and that §24-1-3 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, 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, 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 The appointive state officers subject to this subsection are as follows:
Administrator Commissioner, Division of Highways; ninety thousand dollars administrator Commissioner, State Tax Division; sixty-five thousand dollars administrator Commissioner, Division of Corrections; seventy-five thousand dollars administrator Director, Division of Natural Resources; seventy thousand dollars Superintendent, State Police; seventy-five thousand dollars administrator Director, Lottery Commission; division, seventy-five thousand dollars Director, Public Employees Insurance Agency; seventy-five thousand dollars administrator Commissioner, Division of Banking; sixty thousand dollars administrator, division of Commissioner, Insurance Commission; sixty thousand dollars administrator Commissioner, Division of Culture and History; fifty-five thousand dollars administrator Commissioner, Alcohol Beverage Control Commission; seventy thousand dollars administrator Commissioner, Division of Motor Vehicles; seventy thousand dollars Director, Division of Personnel; fifty-five thousand dollars Adjutant General; seventy-five thousand dollars Chairman, Health Care Authority; seventy thousand dollars members, Health Care Authority; sixty thousand dollars Director, Human Rights Commission; forty-five thousand dollars administrator Commissioner, Division of Labor; sixty thousand dollars administrator Director, Division of Veterans' Affairs; forty-five thousand dollars administrator Director, Division of Homeland Security and Emergency services Management; forty-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 Commissioner, Bureau of Employment Programs; seventy thousand dollars; administrator, bureau of commerce, seventy thousand dollars; administrator, bureau of environment, seventy thousand dollars and Director, Office of Miner's Health, Safety and Training; sixty-five thousand dollars; Secretaries of the departments shall be paid an annual salary as follows: Secretary, Department of Health and Human Resources; ninety thousand dollars Secretary, Department of Transportation; seventy-five thousand dollars Secretary, Department of tax and Revenue; seventy-five thousand dollars Secretary, Department of Military Affairs and Public Safety; seventy-five thousand dollars Secretary, Department of Administration; seventy-five thousand dollars Secretary, Department of Education and the Arts; seventy-five thousand dollars Secretary, Department of Commerce; and Secretary, Department of and Environmental Protection. seventy-five thousand dollars
(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, 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, 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 Director, Division of Rehabilitation Services; sixty thousand dollars Executive Director, Educational Broadcasting Authority; sixty thousand dollars Secretary, Library Commission; sixty-seven thousand dollars Director, Geological and Economic Survey; fifty-two thousand five hundred dollars Executive Director, Prosecuting Attorneys Institute; sixty thousand dollars Executive Director, Public Defender Services; sixty thousand dollars Commissioner, Bureau of Senior Services; seventy thousand dollars Director, State Rail Authority; fifty-five thousand dollars Executive Secretary, Women's Commission; thirty-one thousand dollars Director, Hospital Finance Authority; twenty-six thousand dollars Director, Forestry Division; Director, Division of Juvenile Services; Executive Director, Regional Jail Authority; Commissioner, Oil and Gas Conservation Commission; and Director, Division of Protective Services. member, racing commission, twelve thousand dollars; chairman, public service commission, seventy thousand dollars; and members, public service commission, seventy thousand dollars
(c) 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.
(d) Any tenured or classified state employee who assumes the duties of any of the positions subject to the Senior Executive Service Salary Schedule provided in subsection (e) on an "acting" or "interim" basis and receives an increase in salary shall have their salary reduced by an equal amount upon relinquishing such position: Provided, That any employee assuming such "acting" or "interim" assignment shall be entitled, upon completion of such assignment, to any general salary increase provided and received by state employee incumbents occupying the same job class held by the tenured or classified employee prior to the "acting" or "interim" assignment.
(e) Each state officer named in subsections (a) and (b) of this section shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in the year two thousand five, and shall thereafter, notwithstanding any other provision of this code to the contrary, be subject to the following Senior Executive Service Salary Schedule and shall be paid an annual salary within the salary range as designated for that position by the Governor:
Senior Executive Service Salary Schedule

Pay- grad e Minimu m Maximum Position
E1 26,000 40,000 Executive Secretary, Women's Commission
Director, Hospital Finance Authority
E2 45,000 60,000 Director, Division of Veterans Affairs
Director, Human Rights Commission
Director, Homeland Security and Emergency Management
Director, State Rail Authority
Members, Board of Parole
Director, Division of Protective Services
Commissioner, Oil and Gas Conservation Commission
E3 52,500 78,984 Director, Geological and Economic Survey
Exec. Director, Public Defender Services
Director, Board of Risk and Insurance Management
Commissioner, Division of Culture and History
Secretary, Library Commission
Commissioner, Alcohol Beverage Control Administration
Director, Office of Miners' Health Safety and Training
Exec. Director, Educational Broadcasting Authority
Commissioner, Division of Labor
Exec. Director, Prosecuting Attorneys Institute
E4 55,000 85,464 Commissioner, Division of Banking
Commissioner, Bureau of Senior Services
Director, Forestry Division
Director, Division of Personnel
E5 60,000 91,848 Commissioner, Bureau of Employment Programs
Commissioner, Division of Motor Vehicles
Director, Division of Rehabilitation Services
Members, Health Care Authority
E6 60,000 98,736 Commissioner, State Tax Division
Director, Division of Natural Resources
Commissioner, Insurance Commission

Chairman, Health Care Authority
E7 75,000 106,128 Commissioner, Division of Highways
Director, Lottery Commission

Commissioner, Division of Corrections
Director, Division of Juvenile Services
Executive Director, Regional Jail Authority
Superintendent, State Police
Adjutant General
Secretary, Department of Education and the Arts
Secretary, Department of Military Affairs and Public Safety
Secretary, Department of Environmental Protection
Secretary, Department of Administration
Secretary, Department of Commerce
Secretary, Department of Revenue
E8 90,000 114,120 Secretary, Department of Health and Human Resources
Secretary, Department of Transportation
(f) Notwithstanding the provisions of subsection (e) of this section, each member of any boards contained in the Senior Executive Salary Schedule shall receive an equal salary.
CHAPTER 15. PUBLIC SAFETY.

ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-5. Career progression system; salaries; exclusion from wage and hour law, with supplemental payment; bond; leave time for members called to duty in guard or reserves.

(a) The Superintendent shall establish within the West Virginia State Police a system to provide for: The promotion of members to the supervisory ranks of sergeant, first sergeant, second lieutenant and first lieutenant; the classification of nonsupervisory members within the field operations force to the ranks of trooper, senior trooper, trooper first class or corporal; the classification of members assigned to the forensic laboratory as criminalist I-VII; and the temporary reclassification of members assigned to administrative duties as administrative support specialist I-VIII.
(b) The Superintendent may propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code for the purpose of ensuring consistency, predictability and independent review of any system developed under the provisions of this section.
(c) The Superintendent shall provide to each member a written manual governing any system established under the provisions of this section and specific procedures shall be identified for the evaluation and testing of members for promotion or reclassification and the subsequent placement of any members on a promotional eligibility or reclassification recommendation list.
(d) Beginning on the first day of July November, two thousand two five, and continuing thereafter, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training$2,106 Mo.$25,272
Cadet Trooper After Training
2,509 Mo.30,108
Trooper Second Year
30,572
Trooper Third Year
30,944
Trooper Fourth & Fifth Year
31,244
Senior Trooper
33,332
Trooper First Class
35,420
Corporal
37,508
Sergeant
41,684
First Sergeant
43,772
Second Lieutenant
45,860
First Lieutenant
47,948
Captain
50,036
Major
52,124
Lieutenant Colonel
54,212
Cadet During Training$2,218.50 Mo.$26,622
Cadet Trooper After Training
2,621.50 Mo.31,458
Trooper Second Year
31,922
Trooper Third Year
32,294
Trooper Fourth & Fifth Year
32,594
Senior Trooper
34,682
Trooper First Class
36,770
Corporal
38,858
Sergeant
43,034
First Sergeant
45,122
Second Lieutenant
47,210
First Lieutenant
49,298
Captain
51,386
Major
53,474
Lieutenant Colonel
55,562
ANNUAL SALARY SCHEDULE (BASE PAY)


ADMINISTRATION SUPPORT


SPECIALIST CLASSIFICATION

I31,244
II
33,332
III
35,420
IV
37,508
V
41,684
VI
43,772
VII
45,860
VIII
47,948
I32,594
II
34,682
III
36,770
IV
38,858
V
43,034
VI
45,122
VII
47,210
VIII
49,298
ANNUAL SALARY SCHEDULE (BASE PAY)


CRIMINALIST CLASSIFICATION

I31,244
II
33,332
III
35,420
IV
37,508
V
41,684
VI
43,772
VII
45,860
I32,594
II
34,682
III
36,770
IV
38,858
V
43,044
VI
45,122
VII
47,210
Each member of the West Virginia State Police whose salary is fixed and specified in this annual salary schedule is entitled to the length of service increases set forth in subsection (e) of this section and supplemental pay as provided in subsection (g) of this section.
(e) Each member of the West Virginia State Police whose salary is fixed and specified pursuant to this section shall receive, and is entitled to, an increase in salary over that set forth in subsection (d) of this section, for grade in rank, based on length of service, including that service served before and after the effective date of this section with the West Virginia State Police as follows: At the end of five years of service with the West Virginia State Police, the member shall receive a salary increase of six hundred dollars to be effective during his or her next three years of service and a like increase at three-year intervals thereafter, with the increases to be cumulative.
(f) In applying the salary schedules set forth in this section where salary increases are provided for length of service, members of the West Virginia State Police in service at the time the schedules become effective shall be given credit for prior service and shall be paid the salaries the same length of service entitles them to receive under the provisions of this section.
(g) The Legislature finds and declares that because of the unique duties of members of the West Virginia State Police, it is not appropriate to apply the provisions of state wage and hour laws to them. Accordingly, members of the West Virginia State Police are excluded from the provisions of state wage and hour law. This express exclusion shall not be construed as any indication that the members were or were not covered by the wage and hour law prior to this exclusion.
In lieu of any overtime pay they might otherwise have received under the wage and hour law, and in addition to their salaries and increases for length of service, members who have completed basic training and who are exempt from federal Fair Labor Standards Act guidelines may receive supplemental pay as provided in this section.
The Superintendent shall, within thirty days after the effective date of this section, propose a legislative rule for promulgation in accordance with article three, chapter twenty-nine-a of this code to establish the number of hours per month which constitute the standard work month for the members of the West Virginia State Police. The rule shall further establish, on a graduated hourly basis, the criteria for receipt of a portion or all of supplemental payment when hours are worked in excess of the standard work month. The Superintendent shall certify monthly to the West Virginia State Police's payroll officer the names of those members who have worked in excess of the standard work month and the amount of their entitlement to supplemental payment. The supplemental payment may not exceed two hundred thirty-six dollars monthly. The Superintendent and civilian employees of the West Virginia State Police are not eligible for any supplemental payments.
(h) Each member of the West Virginia State Police, except the Superintendent and civilian employees, shall execute, before entering upon the discharge of his or her duties, a bond with security in the sum of five thousand dollars payable to the State of West Virginia, conditioned upon the faithful performance of his or her duties, and the bond shall be approved as to form by the Attorney General and as to sufficiency by the Governor.
(i) Any member of the West Virginia State Police who is called to perform active duty training or inactive duty training in the National Guard or any reserve component of the Armed Forces of the United States annually shall be granted, upon request, leave time not to exceed thirty calendar days for the purpose of performing the active duty training or inactive duty training and the time granted may not be deducted from any leave accumulated as a member of the West Virginia State Police.
CHAPTER 19. AGRICULTURE.

ARTICLE 23. HORSE AND DOG RACING.
§19-23-4. West Virginia Racing Commission continued as a public corporation; composition; terms; vacancies; qualifications, expenses of members; principal office; meetings; election of officers; quorum; inspection of records; annual report.

(a) The "West Virginia Racing Commission," is continued in existence as a public corporation and, as such, may contract and be contracted with, plead and be impleaded, sue and be sued and have and use a common seal.
(b) The Racing Commission shall consist of three members, not more than two of whom shall belong to the same political party, to be appointed by the Governor by and with the advice and consent of the Senate. The members of the Racing Commission shall receive an annual salary of twelve thousand dollars. The term of office for the members of the Racing Commission is four years, and until their successors have been appointed and have qualified, and members of the Racing Commission may serve any number of successive terms. The members of the Racing Commission in office on the effective date of the amendment and reenactment of this section in two thousand one shall, unless removed by the Governor after the effective date of this article, continue to serve until their terms expire and until their successors have been appointed and have qualified. Any vacancy in the office of a member of the Racing Commission shall be filled by appointment by the Governor for the unexpired term of the member whose office shall be vacant. No person is eligible for appointment to or to serve upon the Racing Commission:
(1) Unless he or she is an actual and bona fide resident of this state, shall have resided in this state for a period of at least five years next preceding his or her appointment, shall be a qualified voter of this state and be not less than twenty-five years of age;
(2) Who directly or indirectly, or in any capacity, owns or has any interest, in any manner whatever, in any racetrack where horse or dog race meetings may be held, including, but not limited to, an interest as owner, lessor, lessee, stockholder or employee;
(3) While serving as a member of the Legislature or as an elective officer of this state; or
(4) Who has been or shall be convicted of an offense which, under the law of this state or any other state or of the United States of America, constitutes a felony, or is a violation of article four, chapter sixty-one of this code.
(c) Each member of the Racing Commission shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of his or her duties as a member of the Racing Commission.
(d) The Racing Commission shall have its principal office at the seat of government, and shall meet annually at its principal office in the month of January, and at any other times and places designated by its chairman. At the annual meeting the Racing Commission shall elect from its membership a chairman and any other officers that are desired. Other meetings of the Racing Commission may be called by the chairman on such notice to the other members prescribed by the Racing Commission.
(e) A majority of the members of the Racing Commission constitute a quorum for the transaction of its business or the exercise of any of its powers and authority. No person not a bona fide member of the Racing Commission shall vote upon or participate in the deliberations of the Racing Commission on any matter which may come before it. All Racing Commission records, except as otherwise provided by law, shall be open to public inspection during regular office hours.
(f) As soon as possible after the close of each calendar year, the Racing Commission shall submit to the Governor a report of the transactions of the Racing Commission during the preceding calendar year.
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 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 seventy thousand dollars and 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 subsection (d) of this section, the chairman of the commission shall receive five 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.


NOTE: The purpose of this bill is to provide for a Senior Executive Service Salary Schedule; to provide a salary adjustment for State Troopers, and make technical corrections consistent with the Senior Executive Service Salary Schedule.
Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.
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