Senate Bill No. 733
(By Senator Anderson)
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[Introduced February 23, 1998; referred to the
Committee on Government Organization; and then to the Committee
on Finance.]
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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, relating to the terms,
qualifications, powers and salaries of certain appointive
state officers.
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 to read as follows:
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, 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 state
police, sixty 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 thousand
dollars; director, division of personnel, fifty thousand dollars;
adjutant general, fifty 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 dollars.
Prior to the first day of July, one thousand nine hundred
ninety-four, 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.
(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, 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, 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, and shall
thereafter be paid an annual salary as follows:
Administrator, division of risk and insurance management,
fifty thousand dollars; director, division of rehabilitation
services, fifty-five thousand dollars; executive director,
educational broadcasting authority, fifty-five thousand 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 bureau of senior services, 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 as 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, shall not become effective until the first day of January, one thousand nine
hundred ninety-seven.
NOTE: The purpose of this bill is to remove the executive
director of the Water Development Authority from those offices
whose annual compensation is established by the Legislature. The
executive director's salary is currently set within the statutory
limits by the Board of the Water Development Authority, which
receives no legislatively-appropriated funds.
Strike-throughs indicate language that would be stricken
from the present law, and underlining indicates new language that
would be added.