SB516 SUB1 /cfb
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 516
(By Senators Wagner and Schoonover)
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[Originating in the Committee on Government Organization;
reported February 26, 1996.]
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A BILL to amend and reenact section two-a, article seven, chapter
six of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend and reenact section two,
article five, chapter ten of said code; and to amend and
reenact section one, article three, chapter eighteen of said
code, all relating to salaries of certain appointive state
officers; increasing the salary of the director of the
division of rehabilitation services; authorizing the
educational broadcasting authority to fix the compensation
of the executive director; and authorizing the West Virginia
board of education to fix the compensation of the state superintendent of schools.
Be it enacted by the Legislature of West Virginia:
That section two-a, article seven, chapter six of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section two, article
five, chapter ten of said code be amended and reenacted; and that
section one, article three, chapter eighteen 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) Notwithstanding any other provision of this code to the
contrary enacted prior to the first day of January, one thousand
nine hundred ninety-four, 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 such appointive state officers shall serve 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 such appointive state
officers shall hereafter be subject to the existing
qualifications for holding each such respective office and each
shall have 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
such office.
Beginning on the first day of July, one thousand nine
hundred ninety-four ninety-six, the annual salary of each such
named appointive state officer shall be as follows:
Administrator, division of highways, sixty-five thousand
dollars; administrator, division of health, fifty-seven thousand
two hundred dollars; administrator, division of human services,
forty-seven thousand eight hundred dollars; administrator, state
tax division, forty-nine thousand nine hundred dollars;
administrator, division of energy, sixty-five thousand dollars;
administrator, division of corrections, fifty-five thousand
dollars; administrator, division of natural resources, sixty-five
thousand dollars; administrator, division of public safety, sixty
sixty-five thousand dollars; administrator, lottery division,
sixty thousand dollars; director, public employees insurance
agency, fifty-five thousand dollars; administrator, division of
banking, fifty-five thousand dollars; administrator, division of
insurance, fifty-five thousand dollars; administrator, division
of culture and history, fifty thousand dollars; administrator,
alcohol beverage control commission, sixty thousand dollars;
administrator, division of motor vehicles, fifty-five sixty-five thousand dollars; director, division of personnel, fifty
sixty-five thousand dollars; adjutant general, fifty sixty-five
thousand dollars; chairman, health care cost review authority,
fifty-five thousand dollars; members, health care cost review
authority, fifty-one thousand two hundred dollars; director,
human rights commission, forty thousand dollars; administrator,
division of labor, fifty-five thousand dollars; administrator,
division of veterans affairs, forty thousand dollars;
administrator, division of emergency services, forty thousand
dollars; members, board of parole, forty thousand dollars;
members, employment security review board, seventeen thousand
dollars; members, workers' compensation appeal board, seventeen
thousand eight hundred twenty-five thousand dollars.
Prior to the first day of July, one thousand nine hundred
ninety-four ninety-six, each of the aforesaid officers shall
continue to receive the annual salaries they were receiving as of
the last day of December, one thousand nine hundred ninety-three
ninety-five.
(b) Notwithstanding any other provisions of this code to the
contrary enacted prior to the first day of January, one thousand
nine hundred ninety-four ninety-six, 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, one thousand nine hundred ninety-four ninety-six, each of
the state officers named in this subsection shall continue to
receive the annual salaries they were receiving as of the last
day of December, one thousand nine hundred ninety-three
ninety-five, and shall thereafter be paid an annual salary as
follows: State superintendent of schools, seventy-five thousand
dollars; administrator, division of risk and insurance
management, fifty thousand dollars; director, division of
rehabilitation services, fifty-five sixty-five thousand dollars;
executive director, educational broadcasting authority, forty-
seven thousand five hundred dollars; secretary, library
commission, forty-seven thousand five hundred dollars; director,
geologic and economic survey, forty-seven thousand five hundred
dollars; executive director, water development authority, fifty-
four thousand two hundred dollars; executive director, public
defender services, fifty-five thousand dollars; director,
commission on aging, forty thousand dollars; commissioner, oil
and gas conservation commission, forty thousand dollars;
director, farm management commission, thirty-two thousand five
hundred dollars; director, railroad maintenance authority, fifty
thousand dollars; executive secretary, women's commission, thirty
thousand one hundred dollars; director, regional jail authority,
fifty-five thousand dollars; director, hospital finance authority, twenty-five thousand eight hundred dollars.
(c) No increase in the salary of any appointive state
officer pursuant to this section shall be paid until and unless
such appointive state officer shall have 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 such form to the
affected spending units: Provided, That no decrease in salary
shall be effective for any current appointive state officer
appointed prior to the first day of January, one thousand nine
hundred eighty-nine: Provided, however, That such decreases
shall take effect at such time as any appointive office is
vacated: Provided further, That the increase provided for the
state superintendent of schools enacted during the regular
session, one thousand nine hundred ninety-four, should not become
effective until the first day of January, one thousand nine
hundred ninety-seven.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC
ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF
SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
ARTICLE 5. EDUCATIONAL BROADCASTING AUTHORITY.
§10-5-2. West Virginia educational broadcasting authority; members; organization; officers; employees; meetings; expenses.
The West Virginia educational broadcasting authority,
heretofore created, is hereby continued as a public benefit
corporation. It shall consist of eleven voting members, who
shall be residents of the state, of whom one shall be the state
superintendent of schools, one shall be a member of the West
Virginia board of education to be selected by it annually, one
shall be a member of the university of West Virginia board of
trustees to be selected by it annually, and one shall be a member
of the board of directors of the state college system to be
selected by it annually. The other seven members shall be
appointed by the governor by and with the advice and consent of
the Senate for overlapping terms of seven years, one term
expiring each year, except that the appointment to fill the
membership position for the term expiring in the year one
thousand nine hundred eighty-three, shall be for a term of six
years. Not less than one appointive member shall come from each
congressional district. Employees of noncommercial broadcasting
stations in West Virginia are not eligible for appointment to the
authority. The present members of the authority shall continue
to serve out the terms to which they were appointed. Any vacancy
among the appointive members shall be filled by the governor by
appointment for the unexpired term.
The chairperson and vice chairperson of the authority as of
the effective date of this section shall continue in their
respective offices until their successors are elected.
Thereafter, at its annual meeting in each year the authority
shall elect one of its members as chairperson and one as vice
chairperson. The authority is authorized to select an executive
director and such other personnel as may be necessary to perform
its duties and to fix the compensation of the executive director
and such other personnel to be paid out of moneys appropriated
for this purpose. The executive director shall keep a record of
the proceedings of the authority and shall perform such other
duties as it may prescribe. The authority is authorized to
establish such office or offices as may be necessary for the
proper performance of its duties.
The authority shall hold an annual meeting and may meet at
such other times and places as may be necessary, such meetings to
be held upon its own resolution or at the call of the chairperson
of the authority. The members shall serve without compensation
but may be reimbursed for actual expenses incident to the
performance of their duties upon presentation to the chairperson
of an itemized sworn statement thereof.
ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.
§18-3-1. Appointment; qualifications; compensation; traveling expenses; office and residence.
There shall be appointed by the state board of education a
state superintendent of schools. He shall be a person of good
moral character, of recognized ability as a school
administrator, holding at least a master's degree in
educational administration, and shall have had not less than
five years of experience in public school work. He shall
receive an annual salary set by the West Virginia board of
education, to be paid monthly, and :Provided, That the annual
salary may not exceed that of the highest annual salary between
the chancellor of the state college system of West Virginia and
the chancellor of the university system of West Virginia. The
state superintendent shall also receive necessary traveling
expenses incident to the performance of his duties, the same to
be paid out of the general school fund upon warrants of the
state auditor. The superintendent shall have his office at the
state capital.