Senate Bill No. 4018
(By Senators Kessler, Bowman, Edgell,
Minard, McKenzie, Minear, Sharpe, Plymale, Fanning, Dempsey,
Prezioso, Jenkins, Foster, Hunter, Unger, White, McCabe,
Facemyer, Lanham, Love, Deem, Caruth, Yoder, Sprouse, Weeks,
Boley, Guills, Helmick, Bailey, Chafin and Tomblin, Mr.
President)
____________
[Introduced September 9, 2005; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
____________
A BILL to amend and reenact §7-7-1 and §7-7-4 of the Code of West
Virginia, 1931, as amended, all relating to providing a
salary increase for elected county officials; and finding
that additional duties have been imposed on county officials
which justify the increased compensation.
Be it enacted by the Legislature of West Virginia:
That §7-7-1 and §7-7-4 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
§
7-7-1. Legislative findings and purpose.
(a) The Legislature finds that it has, since the first day
of January,
one thousand nine hundred ninety-seven two thousand
three, consistently and annually imposed upon the county
commissioners, sheriffs, county and circuit clerks, assessors and
prosecuting attorneys in each county
board broad, new and
additional duties by the enactment of new provisions and
amendments to this code. The new and additional duties imposed
upon the aforesaid county officials by these enactments are such
that they would justify the increases in compensation as provided
in section four of this article, without violating the provisions
of section thirty-eight, article VI of the constitution of West
Virginia.
(b) The Legislature further finds that there are, from time
to time, additional duties imposed upon all county officials
through the acts of the Congress of the United States and that
such acts constitute new and additional duties for county
officials and, as such, justify the increases in compensation as
provided by section four of this article, without violating the
provisions of section thirty-eight, article VI of the
constitution of West Virginia.
(c) The Legislature further finds that there is a direct
correlation between the total assessed property valuations of a
county on which the salary levels of the county commissioners,
sheriffs, county and circuit clerks, assessors and prosecuting attorneys are based, and the new and additional duties that each
of these officials is required to perform as they serve the best
interests of their respective counties. Inasmuch as the
reappraisal of the property valuations in each county has now
been accomplished, the Legislature finds that a change in
classification of counties by virtue of increased property
valuations will occur on an infrequent basis. However, it is the
further finding of the Legislature that when such change in
classification of counties does occur, that new and additional
programs, economic developments, requirements of public safety
and the need for new services provided by county officials all
increase, that the same constitute new and additional duties for
county officials as their respective counties reach greater
heights of economic development, as exemplified by the
substantial increases in property valuations and, as such,
justify the increases in compensation provided in section four of
this article, without violating the provisions of section thirty-
eight, article VI of the constitution of West Virginia.
(d) The Legislature further finds and declares that the
amendments enacted to this article are intended to modify the
provisions of this article so as to cause the same to be in full
compliance with the provisions of the constitution of West
Virginia and to be in full compliance with the decisions of the
Supreme Court of Appeals of West Virginia.
§7-7-4. Compensation of elected county officials and county
commissioners for each class of county; effective
date.
(a)(1) All county commissioners shall be paid compensation
out of the county treasury in amounts and according to the
schedule set forth in subdivision (2) of this subsection for each
class of county as determined by the provisions of section three
of this article:
Provided, That as to any county having a
tribunal in lieu of a county commission, the county commissioners
of the county may be paid less than the minimum compensation
limits of the county commission for the particular class of such
county.
(2) COUNTY COMMISSIONERS
Class I
$20,000
Class II
$15,500
Class III
$14,000
Class IV
$10,000
Class V
$ 7,000
Class VI
$ 4,000
(3) The compensation, set out in subdivision (2) of this
subsection, shall be paid on and after the first day of January,
one thousand nine hundred eighty-five, to each county
commissioner. Within each county, every county commissioner
whose term of office commenced prior to the first day of January, one thousand nine hundred eighty-five, shall receive the same
annual compensation as commissioners commencing a term of office
on or after that date by virtue of the new duties imposed upon
county commissioners pursuant to the provisions of chapter
fifteen, acts of the Legislature, first extraordinary session,
one thousand nine hundred eighty-three.
(4) For the purpose of determining the compensation to be
paid to the elected county officials of each county, the
compensations for each office by class, set out in subdivision
(5) of this subsection, are established and shall be used by each
county commission in determining the compensation of each of
their county officials other than compensation of members of the
county commission.
(5) OTHER ELECTED OFFICIALS
County
CircuitProsecuting
Sheriff
ClerkClerkAssessorAttorney
Class I
$24,200$31,300$31,300$24,200$41,500
Class II
$24,200$28,000$28,000$24,200$39,500
Class III
$24,200$28,000$28,000$24,200$30,000
Class IV
$22,300$24,000$24,000$22,300$26,500
Class V$20,400
$22,000$22,000$20,400$23,500
Class VI
$17,200$17,200$17,200$17,200$17,000
(6) Any county clerk, circuit clerk, joint clerk of the
county commission and circuit court, if any, county assessor, sheriff and prosecuting attorney of a Class I county, any
assessor of a Class II and Class III county, any sheriff of a
Class II and Class III county and any prosecuting attorney of a
Class II county shall devote full-time to his or her public
duties to the exclusion of any other employment:
Provided, That
any public official, whose term of office begins when his or her
county's classification imposes no restriction on his or her
outside activities, shall not be restricted on his or her outside
activities during the remainder of the term for which he or she
is elected. The compensation, set out in subdivision (5) of this
subsection, shall be paid on and after the first day of January,
one thousand nine hundred eighty-five, to each elected county
official.
(7) In the case of a county that has a joint clerk of the
county commission and circuit court, the compensation of the
joint clerk shall be fixed in an amount twenty-five percent
higher than the compensation would be fixed for the county clerk
if it had separate offices of county clerk and circuit clerk.
(8) The Legislature finds that the duties imposed upon
county clerks by the provisions of chapter sixty-four, acts of
the Legislature, regular session, one thousand nine hundred
eighty-two, and by chapter fifteen, acts of the Legislature,
first extraordinary session, one thousand nine hundred eighty-
three, constitute new and additional duties for county clerks and as such justify the additional compensation provided in this
section without violating the provisions of section thirty-eight,
article VI of the constitution of West Virginia.
(9) The Legislature further finds that the duties imposed
upon circuit clerks by the provisions of chapters sixty-one and
one hundred eighty-two, acts of the Legislature, regular session,
one thousand nine hundred eighty-one, and by chapter sixty, acts
of the Legislature, regular session, one thousand nine hundred
eighty-three, constitute new and additional duties for circuit
clerks and as such justify the additional compensation provided
by this section without violating the provisions of section
thirty-eight, article VI of the constitution of West Virginia.
(b)(1) Prior to the primary election in the year one
thousand nine hundred ninety-two, and for the fiscal year
beginning on the first day of July, one thousand nine hundred
ninety-two, or for any subsequent fiscal year if the approval,
set out in subdivision (2) of this subsection, is not granted for
any fiscal year, and at least thirty days prior to the meeting to
approve the county budget, the commission shall provide notice to
the public of the date and time of the meeting and that the
purpose of the meeting of the county commission is to decide upon
their budget certification to the auditor.
(2) Upon submission by the county commission to the auditor
of a proposed annual budget which contains anticipated receipts into the county's general revenue fund, less anticipated moneys
from the unencumbered fund balance, equal to anticipated receipts
into the county's general revenue fund, less anticipated moneys
from the unencumbered fund balance and any federal or state
special grants, for the immediately preceding fiscal year, plus
such additional amount as is necessary for payment of the
increases in the salaries set out in subdivisions (3) and (5) of
this subsection, and related employment taxes over that paid for
the immediately preceding fiscal year, and upon approval thereof
by the auditor, which approval shall not be granted for any
proposed annual budget containing anticipated receipts which are
unreasonably greater or lesser than that of the immediately
preceding fiscal year, for the purpose of determining the
compensation to be paid to the elected county officials of each
county office by class are established and shall be used by each
county commission in determining the compensation of each of
their county officials:
Provided, That as to any county having a
tribunal in lieu of a county commission, the county commissioners
of the county may be paid less than the minimum compensation
limits of the county commission for the particular class of the
county.
(3) COUNTY COMMISSIONERS
Class I
$24,000
Class II
$18,600
Class III
$16,800
Class IV
$12,000
Class V
$ 8,400
(4) If the approval, set out in subdivision (2) of this
subsection, is granted, the compensation, set out in subdivision
(3) of this subsection, shall be paid on and after the first day
of January, one thousand nine hundred ninety-three, to each
county commissioner. Within each county, every county
commissioner shall receive the same annual compensation by virtue
of the new duties imposed upon county commissioners pursuant to
the provisions of chapter one hundred seventy-two, acts of the
Legislature, second regular session, one thousand nine hundred
ninety and chapter five, acts of the Legislature, third
extraordinary session, one thousand nine hundred ninety.
(5) OTHER ELECTED OFFICIALS
County
CircuitProsecuting
Sheriff
ClerkClerkAssessorAttorney
Class I
$29,040$37,560$37,560$29,040$59,500
Class II
$29,040$33,600$33,600$29,040$59,500
Class III
$29,040$33,600$33,600$29,040$36,000
Class IV
$26,760$28,800$28,800$26,760$31,800
Class V
$24,480$26,400$26,400$24,480$28,200
Class VI
$24,480$26,400$26,400$24,480$28,200
(6) Any county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, county assessor,
sheriff and prosecuting attorney of a Class I county, any
assessor of a Class II and Class III county, any sheriff of a
Class II and Class III county and any prosecuting attorney of a
Class II county shall devote full-time to his or her public
duties to the exclusion of any other employment:
Provided, That
any public official, whose term of office begins when his or her
county's classification imposes no restriction on his or her
outside activities, shall not be restricted on his or her outside
activities during the remainder of the term for which he or she
is elected. If the approval, set out in subdivision (2) of this
subsection, is granted, the compensation, set out in subdivision
(5) of this subsection, shall be paid on and after the first day
of January, one thousand nine hundred ninety-three, to each
elected county official.
(7) In the case of a county that has a joint clerk of the
county commission and circuit court, the compensation of the
joint clerk shall be fixed in an amount twenty-five percent
higher than the compensation would be fixed for the county clerk
if it had separate offices of county clerk and circuit clerk.
(8) Prior to the primary election in the year one thousand
nine hundred ninety-two, in the case of a Class III, Class IV or
Class V county which has a part-time prosecuting attorney, the
county commission may find that such facts and circumstances exist that require the prosecuting attorney to devote full-time
to his or her public duties for the four-year term, beginning the
first day of January, one thousand nine hundred ninety-three. If
the county commission makes such a finding, it may by proper
order adopted and entered, require the prosecuting attorney who
takes office on the first day of January, one thousand nine
hundred ninety-three, to devote full-time to his or her public
duties and the county commission shall then compensate said
prosecuting attorney at the same rate of compensation as that of
a prosecuting attorney in a Class II county.
(9) For any county: (A) Which on and after the first day of
July, one thousand nine hundred ninety-four, is classified as a
Class II county; and ( B) which prior to such date was classified
as a Class III, Class IV or Class V county and maintained a
part-time prosecuting attorney, the county commission may elect
to maintain the prosecuting attorney as a part-time prosecuting
attorney:
Provided, That prior to the first day of January, one
thousand nine hundred ninety-six, the county commission shall
make a finding, by proper order and entered, whether to maintain
a full-time or part-time prosecuting attorney. The part-time
prosecuting attorney shall be compensated at the same rate of
compensation as that of a prosecuting attorney in the class for
the county prior to being classified as a Class II county.
(c)(1) Prior to the primary election in the year one thousand nine hundred ninety-six, and for the fiscal year
beginning on the first day of July, one thousand nine hundred
ninety-six, or for any subsequent fiscal year if the approval,
set out in subdivision (2) of this subsection, is not granted for
any fiscal year, and at least thirty days prior to the meeting to
approve the county budget, the commission shall provide notice to
the public of the date and time of the meeting and that the
purpose of the meeting of the county commission is to decide upon
their budget certification to the auditor.
(2) Upon submission by the county commission to the auditor
of a proposed annual budget which contains anticipated receipts
into the county's general revenue fund, less anticipated moneys
from the unencumbered fund balance, equal to anticipated receipts
into the county's general revenue fund, less anticipated moneys
from the unencumbered fund balance and any federal or state
special grants, for the fiscal year beginning the first day of
July, one thousand nine hundred ninety-six, plus such additional
amount as is necessary for payment of the increases in the
salaries set out in subdivisions (3) and (6) of this subsection,
and related employment taxes over that paid for the immediately
preceding fiscal year, and upon approval thereof by the auditor,
which approval shall not be granted for any proposed annual
budget containing anticipated receipts which are unreasonably
greater or lesser than that of the immediately preceding fiscal year for the purpose of determining the compensation to be paid
to the elected county officials of each county office by class
are established and shall be used by each county commission in
determining whether county revenues are sufficient to pay the
compensation mandated herein for their county officials:
Provided, That as to any county having a tribunal in lieu of a
county commission, the county commissioners of the county may be
paid less than the minimum compensation limits of the county
commission for the particular class of the county:
Provided,
however, That should there be an insufficient projected increase
in revenues to pay the increased compensation and related
employment taxes, then the compensation of that county's elected
officials shall remain at the level in effect at the time
certification was sought.
(3) COUNTY COMMISSIONERS
Class I$28,000
Class II$27,500
Class III$27,000
Class IV$26,500
Class V$26,000
Class VI$21,500
Class VII$21,000
Class VIII$19,000
Class IX$18,500
Class X$15,000
(4) The compensation, set out in subdivision (3) of this
subsection, shall be paid on and after the first day of January,
one thousand nine hundred ninety-seven, to each county
commissioner. Every county commissioner in each county, whose
term of office commenced prior to or on or after the first day of
January, one thousand nine hundred ninety-seven, shall receive
the same annual compensation by virtue of legislative findings of
extra duties as set forth in section one of this article.
(5) For the purpose of determining the compensation to be
paid to the elected county officials of each county, the
compensations for each county office by class, set out in
subdivision (6) of this subsection, are established and shall be
used by each county commission in determining the compensation of
each of their county officials other than compensation of members
of the county commission.
(6) OTHER ELECTED OFFICIALS
CountyCircuit
Prosecuting
SheriffClerkClerkAssessorAttorney
Class I$34,000$42,000$42,000$34,000$76,000
Class II$33,500$41,500$41,500$33,500$74,000
Class III$33,250$40,500$40,500$33,250$72,000
Class IV$33,000$40,250$40,250$33,000$70,000
Class V$32,750$40,000$40,000$32,750$68,000
Class VI$32,500$37,500$37,500$32,500$45,000
Class VII$32,250$37,000$37,000$32,250$43,000
Class VIII$32,000$36,500$36,500$32,000$41,000
Class IX$31,750$36,000$36,000$31,750$38,000
Class X$29,000$32,000$32,000$29,000$35,000
(7) The compensation, set out in subdivision (6) of this
subsection, shall be paid on and after the first day of January,
one thousand nine hundred ninety-seven, to each elected county
official. Any county clerk, circuit clerk, joint clerk of the
county commission and circuit court, if any, county assessor or
sheriff of a Class I through Class V county, inclusive, any
assessor or any sheriff of a Class VI through Class IX county,
inclusive, shall devote full-time to his or her public duties to
the exclusion of any other employment:
Provided, That any public
official, whose term of office begins when his or her county's
classification imposes no restriction on his or her outside
activities, shall not be restricted on his or her outside
activities during the remainder of the term for which he or she
is elected.
(8) In the case of a county that has a joint clerk of the
county commission and circuit court, the compensation of the
joint clerk shall be fixed in an amount twenty-five percent
higher than the compensation would be fixed for the county clerk
if it had separate offices of county clerk and circuit clerk.
(9) Any prosecuting attorney of a Class I through Class V
county, inclusive, shall devote full-time to his or her public
duties to the exclusion of any other employment:
Provided, That
any county which under the prior provisions of this section was
classified as a Class II county and elected to maintain a
part-time prosecutor may continue to maintain a part-time
prosecutor, until such time as the county commission, on request
of the part-time prosecutor, approves and makes a finding, by
proper order entered, that the prosecuting attorney shall devote
full-time to his or her public duties. The county commission
shall then compensate said prosecuting attorney at the same rate
of compensation as that of a prosecuting attorney in a Class V
county:
Provided, however, That any county which under the prior
provisions of this section was classified as a Class II county
and which did not elect to maintain a part-time prosecutor shall
maintain a full-time prosecuting attorney and shall compensate
said prosecuting attorney at the same rate of compensation as
that of a prosecuting attorney in a Class V county:
Provided
further, That, until the first day of January, two thousand one,
when a vacancy occurs in the office of prosecuting attorney prior
to the end of a term, the county commission of a Class IV or
Class V county may elect to allow the position to become part-
time for the end of that term, and thereafter the position of
prosecuting attorney shall become full-time.
(d) (1) The increased salaries to be paid to the county
commissioners and the other elected county officials described in
this subsection on and after the first day of July, two thousand
two, are set out in subdivisions (5) and (7) of this subsection.
Every county commissioner and elected county official in each
county, whose term of office commenced prior to or on or after
the first day of July, two thousand two, shall receive the same
annual salary by virtue of legislative findings of extra duties
as set forth in section one of this article.
(2) Before the increased salaries, as set out in
subdivisions (5) and (7) of this subsection, are paid to the
county commissioners and the elected county officials, the
following requirements must be met:
(A) The auditor has certified that the proposed annual
county budget for the fiscal year beginning the first days of
July, two thousand two, has increased over the previous fiscal
year in an amount sufficient for the payment of the increase in
the salaries, set out in subdivisions (5) and (7) of this
subsection, and the related employment taxes:
Provided, That the
auditor may not approve the budget certification for any proposed
annual county budget containing anticipated receipts which are
unreasonably greater or lesser than that of the previous year.
For purposes of this subdivision, the term "receipts" does not
include unencumbered fund balance or federal or state grants; and
(B) Each county commissioner or other elected official
described in this subsection in office on the effective date of
the increased salaries provided by this subsection who desires to
receive the increased salary has prior to that date filed in the
office of the clerk of the county commission his or her written
agreement to accept the salary increase. The salary for the
person who holds the office of county commissioner or other
elected official described in this subsection who fails to file
the written agreement as required by this paragraph shall be the
salary for that office in effect immediately prior to the
effective date of the increased salaries provided by this
subsection until the person vacates the office or his or her term
of office expires, whichever first occurs.
(3) If there is an insufficient projected increase in
revenues to pay the increased salaries and the related employment
taxes, then the salaries of that county's elected officials and
commissioners shall remain at the level in effect at the time
certification was sought.
(4) In any county having a tribunal in lieu of a county
commission, the county commissioners of that county may be paid
less than the minimum salary limits of the county commission for
that particular class of the county.
(5) COUNTY COMMISSIONERS
Class I
$30,800
Class II
$30,250
Class III
$29,700
Class IV
$29,150
Class V
$28,600
Class VI
$23,650
Class VII$23,100
Class VIII$20,900
Class IX
$20,350
Class X
$16,500
(6) For the purpose of determining the salaries to be paid
to the elected county officials of each county, the salaries for
each county office by class, set out in subdivision (7) of this
subsection, are established and shall be used by each county
commission in determining the salaries of each of their county
officials other than salaries of members of the county
commission.
(7) OTHER ELECTED OFFICIALS
County
CircuitProsecutin
g
Sheriff Clerk
ClerkAssessorAttorney
Class I
$37,400$46,200$46,200$37,400$83,600
Class II
$36,850$45,650$45,650$36,850$81,400
Class III
$36,575$44,550$44,550$36,575$79,200
Class IV
$36,300$44,295$44,295$36,300$77,000
Class V
$36,025$44,000$44,000$36,025$74,800
Class VI
$35,750$41,250$41,250$35,750$49,500
Class VII
$35,475$40,700$40,700$35,475$47,300
Class VIII
$35,200$40,150$40,150$35,200$45,100
Class IX
$34,925$39,600$39,600$34,925$41,800
Class X
$31,900$35,200$35,200$31,900$38,500
(8) Any county clerk, circuit clerk, joint clerk of the
county commission and circuit court, if any, county assessor or
sheriff of a Class I through Class V county, inclusive, any
assessor or any sheriff of a Class VI through Class IX county,
inclusive, shall devote full-time to his or her public duties to
the exclusion of any other employment:
Provided, That any public
official, whose term of office begins when his or her county's
classification imposes no restriction on his or her outside
activities, may not be restricted on his or her outside
activities during the remainder of the term for which he or she
is elected.
(9) In the case of a county that has a joint clerk of the
county commission and circuit court, the salary of the joint
clerk shall be fixed in an amount twenty-five percent higher than
the salary would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
(10) Any prosecuting attorney of a Class I through Class V
county, inclusive, shall devote full-time to his or her public duties to the exclusion of any other employment:
Provided, That
any county which under the prior provisions of this section was
classified as a Class II county and elected to maintain a part-
time prosecutor may continue to maintain a part-time prosecutor,
until such time as the county commission, on request of the part-
time prosecutor, approves and makes a finding, by proper order
entered, that the prosecuting attorney shall devote full-time to
his or her public duties. The county commission shall then
compensate said prosecutor at the same salary as that of a
prosecuting attorney in a Class V county:
Provided, however,
That any county which under the prior provisions of this section
was classified as a Class II county and which did not elect to
maintain a part-time prosecutor shall maintain a full-time
prosecuting attorney and shall compensate said prosecuting
attorney at the same salary as that of a prosecuting attorney in
a Class V county:
Provided further, That, until the first day of
January, two thousand three, when a vacancy occurs in the office
of prosecuting attorney prior to the end of a term, the county
commission of a Class IV or Class V county may elect to allow the
position to become part-time for the end of that term and
thereafter the position of prosecuting attorney shall become
full-time.
(d) (1) The increased salaries to be paid to the county
commissioners and the other elected county officials described in this subsection on and after the first day of July, two thousand
six, are set out in subdivisions (5) and (7) of this subsection.
Every county commissioner and elected county official in each
county, whose term of office commenced prior to or on or after
the first day of July, two thousand six, shall receive the same
annual salary by virtue of legislative findings of extra duties
as set forth in section one of this article.
(2) Before the increased salaries, as set out in
subdivisions (5) and (7) of this subsection, are paid to the
county commissioners and the elected county officials, the
following requirements must be met:
(A) The auditor has certified that the proposed annual
county budget for the fiscal year beginning the first days of
July, two thousand six, has increased over the previous fiscal
year in an amount sufficient for the payment of the increase in
the salaries, set out in subdivisions (5) and (7) of this
subsection, and the related employment taxes: Provided, That the
auditor may not approve the budget certification for any proposed
annual county budget containing anticipated receipts which are
unreasonably greater or lesser than that of the previous year.
For purposes of this subdivision, the term "receipts" does not
include unencumbered fund balance or federal or state grants; and
(B) Each county commissioner or other elected official
described in this subsection in office on the effective date of the increased salaries provided by this subsection who desires to
receive the increased salary has prior to that date filed in the
office of the clerk of the county commission his or her written
agreement to accept the salary increase. The salary for the
person who holds the office of county commissioner or other
elected official described in this subsection who fails to file
the written agreement as required by this paragraph shall be the
salary for that office in effect immediately prior to the
effective date of the increased salaries provided by this
subsection until the person vacates the office or his or her term
of office expires, whichever first occurs.
(3) If there is an insufficient projected increase in
revenues to pay the increased salaries and the related employment
taxes, then the salaries of that county's elected officials and
commissioners shall remain at the level in effect at the time
certification was sought.
(4) In any county having a tribunal in lieu of a county
commission, the county commissioners of that county may be paid
less than the minimum salary limits of the county commission for
that particular class of the county.
(5) COUNTY COMMISSIONERS
Class I$36,960
Class II$36,300
Class III$35,640
Class IV$34,980
Class V$34,320
Class VI$28,380
Class VII$27,720
Class VIII$25,080
Class IX$24,420
Class X$19,800
(6) For the purpose of determining the salaries to be paid
to the elected county officials of each county, the salaries for
each county office by class, set out in subdivision (7) of this
subsection, are established and shall be used by each county
commission in determining the salaries of each of their county
officials other than salaries of members of the county
commission.
(7) OTHER ELECTED OFFICIALS
CountyCircuitProsecutin
g
Sheriff ClerkClerkAssessorAttorney
Class I$44,880$55,440$55,440$44,880$100,320
Class II$44,220$54,780$54,780$44,220$ 97,680
Class III$43,890$53,460$53,460$43,890$ 95,040
Class IV$43,560$53,154$53,154$43,560$ 92,400
Class V$43,230$52,800$52,800$43,230$ 89,760
Class VI$42,900$49,500
$49,500$42,900$ 59,400
Class VII$42,570$48,840$48,840$42,570$ 56,760
Class VIII$42,240$48,180$48,180$42,240$ 54,120
Class IX$41,910$47,520$47,520$41,910$ 50,160
Class X$38,280$42,240$42,240$38,280$ 46,200
(8) Any county clerk, circuit clerk, joint clerk of the
county commission and circuit court, if any, county assessor or
sheriff of a Class I through Class V county, inclusive, any
assessor or any sheriff of a Class VI through Class IX county,
inclusive, shall devote full-time to his or her public duties to
the exclusion of any other employment: Provided, That any public
official, whose term of office begins when his or her county's
classification imposes no restriction on his or her outside
activities, may not be restricted on his or her outside
activities during the remainder of the term for which he or she
is elected.
(9) In the case of a county that has a joint clerk of the
county commission and circuit court, the salary of the joint
clerk shall be fixed in an amount twenty-five percent higher than
the salary would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
(10) Any prosecuting attorney of a Class I through Class V
county, inclusive, shall devote full-time to his or her public
duties to the exclusion of any other employment: Provided, That
any county which under the prior provisions of this section was classified as a Class II county and elected to maintain a part-
time prosecutor may continue to maintain a part-time prosecutor,
until such time as the county commission, on request of the part-
time prosecutor, approves and makes a finding, by proper order
entered, that the prosecuting attorney shall devote full-time to
his or her public duties. The county commission shall then
compensate said prosecutor at the same salary as that of a
prosecuting attorney in a Class V county: Provided, however,
That any county which under the prior provisions of this section
was classified as a Class II county and which did not elect to
maintain a part-time prosecutor shall maintain a full-time
prosecuting attorney and shall compensate said prosecuting
attorney at the same salary as that of a prosecuting attorney in
a Class V county.
_________
(NOTE: The purpose of this bill is to provide a salary
increase for elected county officials.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)