Senate Bill No. 479
(By Senator Hunter)
[Introduced March 7, 2005; referred to the Committee
on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §6-7-1a, relating to
permitting certain appointed and elected officers and
employees of the state to waive their salaries; limiting the
applicability of the waiver; setting forth methodology of
waiver; and other provisions as to waiver of salary.
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
, to read as
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-1a. Waiver of salary by elected or appointed state officials,
officers and employees.
Any appointed or elected, full-time or part-time salaried or
hourly official, officer or employee of the state who is receiving public or private retirement compensation or retirement benefit
that would be reduced or lost if he or she accepted a salary or
compensation paid by the state, may waive all or part of the
compensation for that office or position. The waiver, which may be
revocable, shall be in writing and signed by the person waiving the
salary or wages, notarized and filed with the Secretary of State.
If an elected public official desires to waive the salary of
the elected office, the waiver may only be made after the person
has been elected to office and the results of the election to
office have been certified by the Secretary of State: Provided,
That the waiver must be made prior to taking the oath of office.
Nothing contained in this section may be construed to allow
any person campaigning for public office to state, promise or offer
that if that person is elected that the person will waive the
salary or other compensation of office. Although a person may
waive the salary or compensation, that person shall be covered by
workers' compensation pursuant to the provisions of chapter
twenty-three of this code.
NOTE: The purpose of this bill is to permit certain elected
and appointed officers and state employees to waive their salaries.
This section is new; therefore, strike-throughs and
underscoring have been omitted.