H. B. 2990


(By Mr. Speaker, Mr. Kiss, and Delegate Trump)

[By Request of the Executive]

)

[Introduced February 26, 1999; referred to the

Committee on Finance.]




A BILL to amend and reenact section three, article one, chapter five-f of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section two-a, article seven, chapter six of said code; to amend and reenact section six, article four, chapter seven of said code; and to amend and reenact section five, article two, chapter twenty-one-a of said code; to amend and reenact section six, article one, chapter twenty-two of said code; and to amend and reenact section three, article one, chapter twenty-four of said code, all relating to salary adjustments for certain state officers.

Be it enacted by the Legislature of West Virginia:
That section three, article one, chapter five-f of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section two-a, article seven, chapter six of said code be amended and reenacted; that section six, article four, chapter seven of said code be amended and reenacted; that section five, article two, chapter twenty- one-a of said code be amended and reenacted; that section six, article one, chapter twenty-two of said code be amended and reenacted; and that section three, article one, chapter twenty- four of said code be amended and reenacted, all to read as follows:
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH

OF STATE GOVERNMENT.

ARTICLE 1. GENERAL PROVISIONS.
§5F-1-3. Oath; bond; compensation.

(a) Each person appointed to serve as a secretary shall take the oath or affirmation prescribed by section five, article four of the constitution, and such oath shall be certified by the person who administers the same and filed in the office of the secretary of state.
(b) Each person so appointed shall give bond in the penalty of twenty-five thousand dollars conditioned for the faithful performance of the duties of the office, which bond shall be approved by the attorney general as to form and by the governor as to sufficiency. The surety of such bond may be a bonding or surety company, in which case the premium shall be paid out of the appropriation made for the administration of the department.
(c) Each secretary shall receive a salary of seventy thousand dollars per year. Beginning the first day of July, one thousand nine hundred ninety-nine, each secretary shall receive an annual salary of seventy-five thousand dollars.
(d) The salary and expenses necessary for each secretary and all expenditures for personal services for the office of secretary shall be paid from and within existing appropriations made to the agencies and boards transferred to the department headed by that secretary, and revised expenditure schedules shall be submitted to the commissioner of finance and administration and the legislative auditor stating the amount and source of funds to be expended: Provided, That for fiscal years beginning the first day of July, one thousand nine hundred eighty-nine, such amounts shall follow the procedures described in chapter five-a of this code.
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 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 Notwithstanding any other provision of this code to the contrary, beginning on the first day of July, one thousand nine hundred ninety-four ninety-nine, the annual salary of each such named appointive state officer shall be as follows:
Administrator, division of highways, sixty-five seventy thousand dollars; administrator, division of health, fifty-seven sixty-five thousand two hundred dollars; administrator, division of human services, forty-seven fifty-five thousand eight hundred dollars; administrator, state tax division, forty-nine sixty- seven thousand nine five hundred dollars; administrator, division of energy, sixty-five seventy-five thousand dollars; administrator, division of corrections, fifty-five sixty-three thousand dollars; administrator, division of natural resources, sixty-five seventy thousand dollars; administrator, division of public safety superintendent, state police, sixty sixty-seven thousand dollars; administrator, lottery division, sixty sixty- seven thousand dollars; director, public employees insurance agency, fifty-five sixty-seven thousand five hundred dollars; administrator, division of banking, fifty-five sixty-three thousand dollars; administrator, division of insurance, fifty- five sixty-three thousand dollars; administrator, division of culture and history, fifty fifty-seven thousand dollars; administrator, alcohol beverage control commission, sixty seventy thousand dollars; administrator, division of motor vehicles, fifty-five sixty-three thousand dollars; director, division of personnel, fifty sixty thousand dollars: Provided, That beginning on the first day of July, two thousand, the annual salary of the director, division of personnel, shall be sixty- three thousand dollars; adjutant general, fifty sixty thousand dollars: Provided, That beginning on the first day of July, two thousand, the annual salary of the adjutant general shall be sixty-five thousand dollars; chairman, health care cost review authority, fifty-five sixty-seven thousand dollars; members, health care cost review authority, fifty-one sixty-two thousand two hundred dollars; director, human rights commission, forty fifty thousand dollars: Provided, That beginning on the first day of July, two thousand, the annual salary of the director, human rights commission, shall be fifty-five thousand dollars; administrator, division of labor, fifty-five sixty-three thousand dollars; administrator, division of veterans affairs, forty forty-seven thousand dollars; administrator, division of emergency services, forty forty-seven thousand dollars; chairman, board of parole, forty-five thousand dollars; members, board of parole, forty forty-two thousand five hundred dollars; members, employment security review board, seventeen twenty thousand dollars; members, workers' compensation appeal board, seventeen twenty 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 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-nine, 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 effective date of this act, and shall thereafter, notwithstanding any other provision of this code to the contrary, be paid an annual salary as follows: Administrator, division of risk and insurance management, fifty fifty-seven thousand dollars; director, division of rehabilitation services, fifty-five sixty-three thousand dollars; executive director, educational broadcasting authority, fifty-five sixty-three thousand dollars; secretary, library commission, forty-seven sixty-five thousand five hundred dollars; director, geologic geological and economic survey, forty-seven fifty-five thousand five hundred dollars; executive director, water development authority, fifty-four sixty thousand two hundred dollars; executive director, public defender services, fifty-five sixty thousand dollars; director, commission on aging commissioner, bureau of senior services, forty seventy- five thousand dollars; commissioner, oil and gas conservation commission, forty thousand dollars; director, farm management commission, thirty-two thousand five hundred dollars; director, railroad maintenance state rail authority, fifty fifty-five thousand dollars; executive secretary, women's commission, thirty thirty-five thousand one hundred dollars; director, regional jail and correctional facility authority, fifty-five sixty-three thousand dollars; director, hospital finance authority, twenty-five twenty-seven 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 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.
§7-4-6. West Virginia prosecuting attorneys institute.

(a) There is hereby created the West Virginia prosecuting attorneys institute, a public body whose membership shall consist of the fifty-five elected county prosecuting attorneys in the state. The institute shall meet at least once each calendar year and the presence of twenty-eight of the fifty-five prosecutors at any meeting constitutes a quorum for the conduct of the institute's business.
(b) There is hereby created the executive council of the West Virginia prosecuting attorneys institute which shall consist of five prosecuting attorneys elected by the membership of the West Virginia prosecuting attorneys institute at its annual meeting and two persons appointed annually by the county commissioner's association of West Virginia. The executive council shall elect one member of the council to serve as chairman of the institute for a term of one year without compensation. The executive council shall serve as the regular executive body of the institute.
(c) There is hereby created the position of executive director of the West Virginia prosecuting attorneys institute to be employed by the executive council of the institute. The executive director of the West Virginia prosecuting attorneys institute shall serve at the will and pleasure of the executive council of the institute at an annual salary of fifty thousand dollars per year. Beginning the first day of July, one thousand nine hundred ninety-nine, the executive director shall receive an annual salary of fifty-five thousand dollars. The executive director shall be licensed to practice law in the state of West Virginia and shall devote full time to his or her official duties and may not engage in the private practice of law.
(d) The duties and responsibilities of the institute, as implemented by and through its executive council and its executive director, shall include the following:
(1) To provide for special prosecuting attorneys to pursue a criminal matter in any county upon the request of a circuit court judge of that county and upon the approval of the executive council;
(2) To establish and to implement general and specialized training programs for prosecuting attorneys and their professional staffs;
(3) To provide materials for prosecuting attorneys and their professional staffs, including legal research, technical assistance and technical and professional publications;
(4) To compile and disseminate information on behalf of prosecuting attorneys and their professional staffs on current developments and changes in the law and the administration of criminal justice;
(5) To establish and to implement uniform reporting procedures for prosecuting attorneys and their professional staffs in order to maintain and to provide accurate and timely data and information relative to criminal prosecutorial matters;
(6) To accept and expend funds, grants and gifts and accept services from any public or private source;
(7) To enter into agreements and contracts with public or private agencies or educational institutions;
(8) To identify experts and other resources for use by prosecutors in criminal matters;
(9) To make recommendations to the Legislature or the supreme court of appeals of the state of West Virginia on measures required, or procedural rules to be promulgated, to make uniform the processing of juvenile cases in the fifty-five counties of the state; and
(10) To develop a written handbook for prosecutors and their assistants to use which delineates relevant information concerning the elements of various crimes in West Virginia and other information as the institute deems appropriate.
(e) Each prosecuting attorney is subject to appointment by the institute to serve as a special prosecuting attorney in any county where the prosecutor for that county or his or her office has been disqualified from participating in a particular criminal case. The circuit judge of any county of this state, who disqualifies the prosecutor or his or her office from participating in a particular criminal case in that county, shall seek the appointment by the institute of a special prosecuting attorney to substitute for the disqualified prosecutor. The executive director of the institute shall, upon written request to the institute by any circuit judge as a result of disqualification of the prosecutor or for other good cause shown, and upon approval of the executive council, appoint a prosecuting attorney to serve as a special prosecuting attorney. The special prosecuting attorney appointed shall serve without any further compensation other than that paid to him or her by his or her county, except that he or she is entitled to be reimbursed for his or her legitimate expenses associated with travel, mileage and room and board from the county to which he or she is appointed as a prosecutor. The county commission in which county he or she is special prosecutor is responsible for all expenses associated with the prosecution of the criminal action.
(f) The executive director of the institute shall maintain an appointment list that shall include the names of all fifty-five prosecuting attorneys and that shall also include the names of any assistant prosecuting attorney who wishes to serve as a special prosecuting attorney upon the same terms and conditions as set forth in this section. The executive director of the institute, with the approval of the executive council, shall appoint special prosecuting attorneys from the appointment list for any particular matter giving due consideration to the proximity of the proposed special prosecuting attorney's home county to the county requesting a special prosecutor and giving due consideration to the expertise of the special prosecuting attorney.
(g) Commencing on the first day of July, one thousand nine hundred ninety-six, each county commission shall pay, on a monthly basis, a special prosecution premium to the treasurer of the state for the funding of the West Virginia prosecuting attorneys institute. The monthly premiums shall be paid according to the following schedule:
MONTHLY PREMIUMS

Assessed Valuation of Property
of All Classes in the County
CategoryMinimum MaximumPremium
A$1,500,000,000 Unlimited$400
B$1,000,000,000$1,499,999,000$375
C$ 800,000,000$ 999,999,000$350
D$ 700,000,000$ 799,999,000$325
E$ 600,000,000$ 699,999,000$300
F$ 500,000,000$ 599,999,000$250
G$ 400,000,000$ 499,999,000$200
H$ 300,000,000$ 399,999,000$150
I$ 200,000,000$ 299,999,000$100
J -0-$ 199,999,000$ 50
Upon receipt of a premium, the treasurer shall deposit the premium into a special revenue fund to be known as the "West Virginia Prosecuting Attorneys Institute Fund". All costs of operating the West Virginia prosecuting attorneys institute shall be paid from the West Virginia prosecuting attorneys institute fund upon proper authorization by the executive council or by the executive director of the institute and subject to annual appropriation by the Legislature of the amounts contained within the fund.
(h) (1) A county shall be exempted from the requirements of subsection (g) of this section if the county commission of the county votes on or before the thirty-first day of December, one thousand nine hundred ninety-five, to exclude that county from participation in the West Virginia prosecuting attorneys institute. On or before the thirtieth day of September, one thousand nine hundred ninety-five, the chair of the executive council of the prosecuting attorneys institute shall notify each county commission by registered mail, return receipt requested, that the county commission will be subject to said subsection if the county does not vote to be exempted. The vote shall be during a regular public meeting of the county commission. The meeting shall be scheduled and notice of the meeting shall be provided in accordance with the provisions of article nine-a, chapter six of this code. If any county commission votes to exclude its county pursuant to the provisions of this subsection, the county, its county prosecutor and assistant prosecutors and its circuit judges are prohibited from utilizing any of the services provided by the prosecuting attorneys institute unless those services are paid for by the county on an actual cost basis, including fees, expenses and other costs as determined and approved by the executive counsel of the prosecuting attorneys institute. Nothing contained within this subsection prohibits the use by a circuit court of the procedures provided in section eight, article seven of this chapter if the county commission of the county in which the subject prosecution has been brought has voted, pursuant to the provisions of this subsection, to exclude that county from the provisions of subsection (g) of this section.
(2) After a county commission votes to exempt the county from the provisions of subsection (g) of this section, it may not participate in the prosecuting attorneys institute nor be required to pay the premiums under said section unless the county commission votes at a later meeting to participate.
(i) The West Virginia prosecuting attorneys institute shall continue to exist until the first day of July, one thousand nine hundred ninety-eight, unless continued by an act of the Legislature. The institute shall annually by the first day of the regular legislative session provide the joint committee on government and finance with a report setting forth the activities of the institute and suggestions for legislative action.

CHAPTER 21A. UNEMPLOYMENT COMPENSATION.

ARTICLE 2. THE COMMISSIONER OF THE BUREAU OF EMPLOYMENT PROGRAMS.

§21A-2-5. Compensation; traveling expenses.
Notwithstanding the provisions of section two-a, article seven, chapter six of this code, the commissioner of the bureau of employment programs shall receive a yearly salary of sixty- five thousand dollars and the necessary traveling expenses incident to the performance of his duties. Beginning the first day of July, one thousand nine hundred ninety-nine, the commissioner shall receive an annual salary of seventy-five thousand dollars. Requisition for traveling expenses shall be accompanied by a sworn itemized statement which shall be filed with the auditor and preserved as a public record.
CHAPTER 22. ENVIRONMENTAL RESOURCES.

ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-6. Director of the division of environmental protection.
(a) The director is the chief executive officer of the division. Subject to section seven of this article and other provisions of law, the director shall organize the division into such offices, sections, agencies and other units of activity as may be found by the director to be desirable for the orderly, efficient and economical administration of the division and for the accomplishment of its objects and purposes. The director may appoint assistants, hearing officers, clerks, stenographers and other officers, technical personnel and employees needed for the operation of the division and may prescribe their powers and duties and fix their compensation within amounts appropriated therefor.
(b) The director has the power to and may designate supervisory officers or other officers or employees of the division to substitute for him or her on any board or commission established under this code or to sit in his or her place in any hearings, appeals, meetings or other activities with such substitute having the same powers, duties, authority and responsibility as the director. Additionally, the director has the power to delegate, as he or she considers appropriate, to supervisory officers or other officers or employees of the division his or her powers, duties, authority and responsibility relating to issuing permits, hiring and training inspectors and other employees of the division, conducting hearings and appeals and such other duties and functions set forth in this chapter or elsewhere in this code.
(c) The director has responsibility for the conduct of the intergovernmental relations of the division, including assuring: (1) That the division carries out its functions in a manner which supplements and complements the environmental policies, programs and procedures of the federal government, other state governments and other instrumentalities of this state; and (2) that appropriate officers and employees of the division consult with individuals responsible for making policy relating to environmental issues in the federal government, other state governments and other instrumentalities of this state concerning differences over environmental policies, programs and procedures and concerning the impact of statutory law and rules upon the environment of this state.
(d) In addition to other powers, duties and responsibilities granted and assigned to the director by this chapter, the director is hereby authorized and empowered to:
(1) Sign and execute in the name of the state by the "division of environmental protection" any contract or agreement with the federal government or its departments or agencies, subdivisions of the state, corporations, associations, partnerships or individuals: Provided, That the powers granted to the director to enter into agreements or contracts and to make expenditures and obligations of public funds under this subdivision shall not exceed or be interpreted as authority to exceed the powers heretofore granted by the Legislature to the various commissioners, directors or board members of the various departments, agencies or boards that comprise and are incorporated into each secretary's department pursuant to the provisions of chapter five-f of this code;
(2) Conduct research in improved environmental protection methods and disseminate information to the citizens of this state;
(3) Enter private lands to make surveys and inspections for environmental protection purposes; to investigate for violations of statutes or rules which the division is charged with enforcing; to serve and execute warrants and processes; to make arrests; issue orders, which for the purposes of this chapter include consent agreements; and to otherwise enforce the statutes or rules which the division is charged with enforcing;
(4) Acquire for the state in the name of the "division of environmental protection" by purchase, condemnation, lease or agreement, or accept or reject for the state, in the name of the division of environmental protection, gifts, donations, contributions, bequests or devises of money, security or property, both real and personal, and any interest in such property;
(5) Provide for workshops, training programs and other educational programs, apart from or in cooperation with other governmental agencies, necessary to insure adequate standards of public service in the division. The director may also provide for technical training and specialized instruction of any employee. Approved educational programs, training and instruction time may be compensated for as a part of regular employment. The director is further authorized to pay out of federal or state funds, or both, as such funds are available, fees and expenses incidental to such educational programs, training, and instruction. Eligibility for participation by employees will be in accordance with guidelines established by the director;
(6) Issue certifications required under 33 U.S.C. §1341. Prior to issuing any such certification the director shall solicit from the division of natural resources reports and comments concerning the possible certification. The reports and comments shall be directed from the division of natural resources to the director for consideration; and
(7) Notwithstanding any provisions of this code to the contrary, employ in-house counsel to perform all legal services for the director and the division, including, but not limited to, representing the director, any chief, the division or any office thereof in any administrative proceeding or in any proceeding in any state or federal court. Additionally, the director may call upon the attorney general for legal assistance and representation as provided by law.
(e) The director shall be appointed by the governor, by and with the advice and consent of the Senate, and serves at the will and pleasure of the governor: Provided, That in lieu of appointing a director, the governor may order the secretary to directly exercise the powers of the director. The secretary shall designate the order in which other officials of the division shall act for and perform the functions of the secretary or the director during the absence or disability of both the secretary and the director or in the event of vacancies in both of those offices.
(f) At the time of his or her initial appointment, the director shall be at least thirty years old and shall be selected with special reference and consideration given to his or her administrative experience and ability, to his or her demonstrated interest in the effective and responsible regulation of the energy industry and the conservation and wise use of natural resources. The director shall have at least a bachelor's degree in a related field and shall have at least three years of experience in a position of responsible charge in at least one discipline relating to the duties and responsibilities for which the director will be responsible upon assumption of the office of director. The director shall not be a candidate for or hold any other public office, shall not be a member of any political party committee and shall immediately forfeit and vacate his or her office as director in the event he or she becomes a candidate for or accepts appointment to any other public office or political party committee.
(g) The director shall receive an annual salary of sixty-five thousand dollars and shall be allowed and paid necessary expenses incident to the performance of his or her official duties. Beginning the first day of July, one thousand nine hundred ninety-nine, the director shall receive an annual salary of seventy-five thousand dollars. Prior to the assumption of the duties of his or her office, the director shall take and subscribe to the oath required of public officers prescribed by section five, article IV of the constitution of West Virginia and shall execute a bond, with surety approved by the governor, in the penal sum of ten thousand dollars, which executed oath and bond shall be filed in the office of the secretary of state. Premiums on the bond shall be paid from the division funds.
CHAPTER 24. PUBLIC SERVICE COMMISSION.

ARTICLE 1. GENERAL PROVISIONS.
§24-1-3a. Compensation.

(a) Not withstanding any provision of section three of this article to the contrary, in light of the assignment of new, substantial additional duties embracing new areas and fields of activity under certain legislative enactments, the annual salaries of each commissioner shall be as follows:
(1) Beginning the first day of July, one thousand nine hundred ninety-nine, each commissioner shall receive an annual salary of seventy thousand dollars to be paid in monthly installments from the special funds in the amounts that follow:
(A) From the public service commission fund collected under the provisions of section six, article three of this chapter, fifty-seven thousand dollars;
(B) From the public service commission motor carrier fund collected under the provisions of section six, article six, chapter twenty-four-a of this code, ten thousand eight hundred fifty dollars; and
(C) 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, two thousand one hundred fifty dollars; and
(2) Beginning the first day of July, two thousand, each commissioner shall receive an annual salary of seventy-five thousand dollars to be paid in monthly installments from the special funds in the amounts that follow:
(A) From the public service commission fund collected under the provisions of section six, article three of this chapter, sixty-two thousand dollars;
(B) From the public service commission motor carrier fund collected under the provisions of section six, article six, chapter twenty-four-a of this code, ten thousand eight hundred fifty dollars; and
(C) 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, two thousand one hundred fifty dollars; and
(3) Beginning the first day of July, two thousand one, each commissioner shall receive an annual salary of eighty thousand dollars to be paid in monthly installments from the special funds in the amounts that follow:
(A) From the public service commission fund collected under the provisions of section six, article three of this chapter, sixty-seven thousand dollars;
(B) From the public service commission motor carrier fund collected under the provisions of section six, article six, chapter twenty-four-a of this code, ten thousand eight hundred fifty dollars; and
(C) 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, two thousand one hundred fifty dollars.
(b) In addition to the salaries provided for all commissioners in subsection (a) 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.

Note: The purpose of the bill is to adjust salaries of certain appointed public officers of the state effective July 1, 1999.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
§24-1-3a is new; therefore, strike-throughs and underscoring have been omitted.