ENGROSSED
Senate Bill No. 4020
(By Senators Bowman, Bailey, Jenkins, Kessler, McCabe, Minard,
Minear, Plymale, Weeks and White)
____________
[Originating in the Committee on Government Organization;
reported September 10, 2005.]
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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 §19-23-4 of said code;
to amend and reenact §21A-4-5 of said code; and to amend and
reenact §24-1-3 of said code, all relating generally to
salaries of state officials and employees generally;
subjecting certain state officials to a Senior Executive
Service Salary Schedule; providing for salary adjustments for
tenured or classified state employees who assume certain
duties on an "acting" or "interim" basis; equalizing the
salaries of certain board members; continuing the salaries of
members of the Racing Commission and the Public Service
Commission as fixed statutory amounts; and making technical
revisions.
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 §19-23-4 of said code be amended and
reenacted; that §21A-4-5 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,
West Virginia 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
Commissioner of West Virginia; sixty
thousand dollars administrator Commissioner, Division of Culture
and History;
fifty-five thousand dollars administrator
Commissioner, Alcohol Beverage Control
Commission Administration;
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,
West Virginia 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
Director, 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) of this section
on an "acting" or "interim" basis and receives an increase in
salary shall have their salary reduced by an equal amount upon
vacating the "acting" or "interim" position: Provided, That any
employee assuming such "acting" or "interim" assignment and
continuing in the position previously held 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 Director, 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, West Virginia
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 Commissioner of West Virginia
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, West Virginia 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 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.
The members of the Racing Commission in office on the
effective date of the enactment of this section in the fourth
extraordinary session of the Legislature, two thousand five, shall,
unless removed by the Governor as authorized by law, 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 21A. UNEMPLOYMENT COMPENSATION.
ARTICLE 4. BOARD OF REVIEW.
§21A-4-5. Compensation and travel expenses.
Notwithstanding the provisions of section two-a, article
seven, chapter six of this code, each member of the board shall
receive an annual salary of twelve thousand six hundred seventeen
thousand dollars and the necessary traveling expenses incurred in
the performance of his duties.
Requisition for traveling expenses shall be accompanied by a
sworn and itemized statement which shall be filed with the auditor
and preserved as a public record.
The salaries and expenses of the members shall be paid from
the administration fund.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 1. GENERAL PROVISIONS.
§24-1-3. Commission continued; membership; salaries; 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 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 The members of the Commission in office
on the effective date of the enactment of this section in the
fourth extraordinary session of the Legislature, two thousand five,
shall, unless removed by the Governor as authorized by law,
continue to serve until their terms expire and until their
successors have been appointed and have qualified.
(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 eighty 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.