H. B. 3000
(By Delegates Warner, Campbell,
Willis and Miller)
[Introduced February 26, 1999; referred to the
Committee on Finance.]
A BILL to amend and reenact section four, article seven, chapter
seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to increasing the
annual salaries of circuit clerks and county clerks.
Be it enacted by the Legislature of West Virginia:
That section four, article seven, chapter seven of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. TRAINING PROGRAMS FOR COUNTY EMPLOYEES, ETC.;
COMPENSATION OF ELECTED COUNTY OFFICIALS; COUNTY ASSISTANTS, DEPUTIES AND EMPLOYEES, THEIR NUMBER AND COMPENSATION.
§7-7-4. Compensation of elected county officials and county commissioners for each class of county; effective date.
(a) (1) All county commissioners shall be paid compensation
out of the county treasury in amounts and according to the
schedule hereafter set forth for each class of county as
determined by the provisions of section three of this article:
Provided, That as to any county having a tribunal in lieu of a
county commission, the county commissioners of the county may be
paid less than the minimum compensation limits of the county
commission for the particular class of such county.
Class I$20,000
Class II$15,500
Class III$14,000
Class IV$10,000
Class V$ 7,000
Class VI$ 4,000
The compensation hereinabove provided shall be paid on and
after the first day of January, one thousand nine hundred
eighty-five, to each county commissioner. Within each county,
every county commissioner whose term of office commenced prior to
the first day of January, one thousand nine hundred eighty-five,
shall receive the same annual compensation as commissioners
commencing a term of office on or after that date by virtue of
the new duties imposed upon county commissioners pursuant to the
provisions of chapter fifteen, acts of the Legislature, first
extraordinary session, one thousand nine hundred eighty-three.
(2) For the purpose of determining the compensation to be
paid to the elected county officials of each county, the
following compensations for each county office by class are
hereby established and shall be used by each county commission in
determining the compensation of each of their county officials
other than compensation of members of the county commission:
CountyCircuitProsecuting
SheriffClerkClerkAssessorAttorney
Class I$24,200$31,300$31,300$24,200$41,500
Class II$24,200$28,000$28,000$24,200$39,500
Class III$24,200$28,000$28,000$24,200$30,000
Class IV$22,300$24,000$24,000$22,300$26,500
Class V$20,400$22,000$22,000$20,400$23,500
Class VI$17,200$17,200$17,200$17,200$17,000
Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor, sheriff
and prosecuting attorney of a Class I county, any assessor of a
Class II and Class III county, any sheriff of a Class II and
Class III county and any prosecuting attorney of a Class II
county shall devote full time to his or her public duties to the
exclusion of any other employment: Provided, That any public
official, whose term of office begins when his or her county's
classification imposes no restriction on his or her outside
activities, shall not be restricted on his or her outside activities during the remainder of the term for which he or she
is elected. The compensation hereinabove provided shall be paid
on and after the first day of January, one thousand nine hundred
eighty-five, to each elected county official. In the case of a
county that has a joint clerk of the county commission and
circuit court, the compensation of the joint clerk shall be fixed
in an amount twenty-five percent higher than the compensation
would be fixed for the county clerk if it had separate offices of
county clerk and circuit clerk.
The Legislature finds as a fact that the duties imposed upon
county clerks by the provisions of chapter sixty-four, acts of
the Legislature, regular session, one thousand nine hundred
eighty-two, and by chapter fifteen, acts of the Legislature,
first extraordinary session, one thousand nine hundred
eighty-three, constitute new and additional duties for county
clerks and as such justify the additional compensation provided
in this section without violating the provisions of section 38,
article VI of the constitution of West Virginia.
The Legislature further finds as a fact that the duties
imposed upon circuit clerks by the provisions of chapters
sixty-one and one hundred eighty-two, acts of the Legislature,
regular session, one thousand nine hundred eighty-one, and by
chapter sixty, acts of the Legislature, regular session, one
thousand nine hundred eighty-three, constitute new and additional duties for circuit clerks and as such justify the additional
compensation provided by this section without violating the
provisions of section 38, article VI of the constitution of West
Virginia.
(b) Prior to the primary election in the year one thousand
nine hundred ninety-two, and for the fiscal year beginning on the
first day of July, one thousand nine hundred ninety-two, or for
any subsequent fiscal year if the approval set out herein is not
granted for any fiscal year, and at least thirty days prior to
the meeting to approve the county budget, the commission shall
provide notice to the public of the date and time of the meeting
and that the purpose of the meeting of the county commission is
to decide upon their budget certification to the tax department.
Upon submission by the county commission to the chief inspector
division of the department of tax and revenue of a proposed
annual budget which contains anticipated receipts into the
county's general revenue fund, less anticipated moneys from the
unencumbered fund balance, equal to anticipated receipts into the
county's general revenue fund, less anticipated moneys from the
unencumbered fund balance and any federal or state special
grants, for the immediately preceding fiscal year, plus such
additional amount as is necessary for payment of the increases in
the salaries set out herein and related employment taxes over
that paid for the immediately preceding fiscal year, and upon approval thereof by the chief inspector, which approval shall not
be granted for any proposed annual budget containing anticipated
receipts which are unreasonably greater or lesser than that of
the immediately preceding fiscal year, for the purpose of
determining the compensation to be paid to the elected county
officials of each county office by class are hereby established
and shall be used by each county commission in determining the
compensation of each of their county officials: Provided, That
as to any county having a tribunal in lieu of a county
commission, the county commissioners of the county may be paid
less than the minimum compensation limits of the county
commission for the particular class of the county.
COUNTY COMMISSIONERS
Class I$24,000
Class II$18,600
Class III$16,800
Class IV$12,000
Class V$ 8,400
If the approval set out hereinabove is granted, the
compensation hereinabove provided shall be paid on and after the
first day of January, one thousand nine hundred ninety-three, to
each county commissioner. Within each county, every county
commissioner shall receive the same annual compensation by virtue
of the new duties imposed upon county commissioners pursuant to the provisions of chapter one hundred seventy-two, acts of the
Legislature, second regular session, one thousand nine hundred
ninety, and chapter five, acts of the Legislature, third
extraordinary session, one thousand nine hundred ninety.
OTHER ELECTED OFFICIALS
CountyCircuitProsecuting
SheriffClerkClerk AssessorAttorney
Class I$29,040$37,560$37,560$29,040$59,500
Class II$29,040$33,600$33,600$29,040$59,500
Class III$29,040$33,600$33,600$29,040$36,000
Class IV$26,760$28,800$28,800$26,760$31,800
Class V$24,480$26,400$26,400$24,480$28,200
Class VI$24,480$26,400$26,400$24,480$28,200
Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor, sheriff
and prosecuting attorney of a Class I county, any assessor of a
Class II and Class III county, any sheriff of a Class II and
Class III county and any prosecuting attorney of a Class II
county shall devote full time to his or her public duties to the
exclusion of any other employment: Provided, That any public
official, whose term of office begins when his or her county's
classification imposes no restriction on his or her outside
activities, shall not be restricted on his or her outside
activities during the remainder of the term for which he or she is elected. If the approval set out hereinabove is granted, the
compensation hereinabove provided shall be paid on and after the
first day of January, one thousand nine hundred ninety-three, to
each elected county official.
In the case of a county that has a joint clerk of the county
commission and circuit court, the compensation of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
compensation would be fixed for the county clerk if it had
separate offices of county clerk and circuit clerk.
Prior to the primary election in the year one thousand nine
hundred ninety-two, in the case of a Class III, Class IV or Class
V county which has a part-time prosecuting attorney, the county
commission may find that such facts and circumstances exist that
require the prosecuting attorney to devote full time to his or
her public duties for the four-year term, beginning the first day
of January, one thousand nine hundred ninety-three. If the
county commission makes such a finding, it may by proper order
adopted and entered, require the prosecuting attorney who takes
office on the first day of January, one thousand nine hundred
ninety-three, to devote full time to his or her public duties and
the county commission shall then compensate said prosecuting
attorney at the same rate of compensation as that of a
prosecuting attorney in a Class II county.For any county: (1)
Which on and after the first day of July, one thousand nine hundred ninety-four, is classified as a Class II county; and (2)
which prior to such date was classified as a Class III, Class IV
or Class V county and maintained a part-time prosecuting
attorney, the county commission may elect to maintain the
prosecuting attorney as a part-time prosecuting attorney:
Provided, That prior to the first day of January, one thousand
nine hundred ninety-six, the county commission shall make a
finding, by proper order and entered, whether to maintain a
full-time or part-time prosecuting attorney. The part-time
prosecuting attorney shall be compensated at the same rate of
compensation as that of a prosecuting attorney in the class for
the county prior to being classified as a Class II county.
(c) Prior to the primary election in the year one thousand
nine hundred ninety-six, and for the fiscal year beginning on the
first day of July, one thousand nine hundred ninety-six, or for
any subsequent fiscal year if the approval set out herein is not
granted for any fiscal year, and at least thirty days prior to
the meeting to approve the county budget, the commission shall
provide notice to the public of the date and time of the meeting
and that the purpose of the meeting of the county commission is
to decide upon their budget certification to the tax department.
Upon submission by the county commission to the chief inspector
division of the department of tax and revenue of a proposed
annual budget which contains anticipated receipts into the county's general revenue fund, less anticipated moneys from the
unencumbered fund balance, equal to anticipated receipts into the
county's general revenue fund, less anticipated moneys from the
unencumbered fund balance and any federal or state special
grants, for the fiscal year beginning the first day of July, one
thousand nine hundred ninety-six, plus such additional amount as
is necessary for payment of the increases in the salaries set out
herein and related employment taxes over that paid for the
immediately preceding fiscal year, and upon approval thereof by
the chief inspector, which approval shall not be granted for any
proposed annual budget containing anticipated receipts which are
unreasonably greater or lesser than that of the immediately
preceding fiscal year for the purpose of determining the
compensation to be paid to the elected county officials of each
county office by class are hereby established and shall be used
by each county commission in determining whether county revenues
are sufficient to pay the compensation mandated herein for their
county officials: Provided, That as to any county having a
tribunal in lieu of a county commission, the county commissioners
of the county may be paid less than the minimum compensation
limits of the county commission for the particular class of the
county: Provided, however, That should there be an insufficient
projected increase in revenues to pay the compensation and related employment taxes mandated herein, then the compensation
of that county's elected officials shall remain at the level in
effect at the time certification was sought.
COUNTY COMMISSIONERS
Class I$28,000
Class II$27,500
Class III$27,000
Class IV$26,500
Class V$26,000
Class VI$21,500
Class VII$ 21,000
Class VIII$19,000
Class IX$18,500
Class X$15,000
The compensation hereinabove provided shall be paid on and
after the first day of January, one thousand nine hundred
ninety-seven, to each county commissioner. Within each county,
every county commissioner whose term of office commenced prior to
or on or after the first day of January, one thousand nine
hundred ninety- seven, shall receive the same annual compensation
by virtue of legislative findings of extra duties as set forth in
section one of this article.
For the purpose of determining the compensation to be paid
to the elected county officials of each county, the following compensations for each county office by class are hereby
established and shall be used by each county commission in
determining the compensation of each of their county officials
other than compensation of members of the county commission:
OTHER ELECTED OFFICIALS
CountyCircuitProsecuting
SheriffClerkClerkAssessorAttorney
Class I$34,000$42,000$42,000$34,000$76,000
Class II$33,500$41,500$41,500$33,500$74,000
Class III$33,250$40,500$40,500$33,250$72,000
Class IV$33,000$40,250$40,250$33,000$70,000
Class V$32,750$40,000$40,000$32,750$68,000
Class VI$32,500$37,500$37,500$32,500$45,000
Class VII$32,250$37,000$37,000$32,250$43,000
Class VIII$32,000$36,500$36,500$32,000$41,000
Class IX$31,750$36,000$36,000$31,750$38,000
Class X$29,000$32,000$32,000$29,000$35,000
The compensation hereinabove provided shall be paid on and
after the first day of January, one thousand nine hundred
ninety-seven, to each elected county official: Provided,
however, That on and after the first day of January of the year
two thousand, circuit clerks and county clerks shall be paid an
additional five percent based on the compensation hereinabove provided them in their respective classes. Any county clerk,
circuit clerk, joint clerk of the county commission and circuit
court, if any, county assessor or sheriff of a Class I through
Class V county, inclusive, any assessor or any sheriff of a Class
VI through Class IX county, inclusive, shall devote full time to
his or her public duties to the exclusion of any other
employment: Provided, That any public official, whose term of
office begins when his or her county's classification imposes no
restriction on his or her outside activities, shall not be
restricted on his or her outside activities during the remainder
of the term for which he or she is elected.
In the case of a county that has a joint clerk of the county
commission and circuit court, the compensation of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
compensation would be fixed for the county clerk if it had
separate offices of county clerk and circuit clerk.
Any prosecuting attorney of a Class I through Class V
county, inclusive, shall devote full time to his or her public
duties to the exclusion of any other employment: Provided, That
any county which under the prior provisions of this section was
classified as a Class II county and elected to maintain a
part-time prosecutor may continue to maintain a part-time
prosecutor, until such time as the county commission, on request of the part-time prosecutor, approves and makes a finding, by
proper order entered, that the prosecuting attorney shall devote
full time to his or her public duties. The county commission
shall then compensate said prosecuting attorney at the same rate
of compensation as that of a prosecuting attorney in a Class V
county: Provided, however, That any county which under the prior
provisions of this section was classified as a Class II county
and which did not elect to maintain a part-time prosecutor shall
maintain a full-time prosecuting attorney and shall compensate
said prosecuting attorney at the same rate of compensation as
that of a prosecuting attorney in a Class V county: Provided
further, That, until the first day of January, two thousand one,
when a vacancy occurs in the office of prosecuting attorney prior
to the end of a term, the county commission of a Class IV or
Class V county may elect to allow the position to become part
time for the end of that term, and thereafter the position of
prosecuting attorney shall become full time.
NOTE: The purpose of this bill is to raise the compensation
paid to circuit clerks and county clerks.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.