H. B. 4666
(By Delegates Shelton, Tucker and C. White)
[Introduced February 24, 2000; referred to the
Committee on Finance.]
A BILL to amend and reenact section six-a, article one, chapter
fifty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to increasing per diem pay
and expense allowances for retired magistrates who are
assigned cases on a temporary basis.
Be it enacted by the Legislature of West Virginia:
That section six-a, article one, chapter fifty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-6a. Temporary appointment of retired magistrates.
(a) The West Virginia supreme court of appeals is authorized
and empowered to create a panel of senior magistrates to consist
of, and to utilize the talent and experience of, retired magistrates of this state. The supreme court of appeals shall
promulgate rules providing for such senior magistrates to be
assigned duties as needed and as feasible toward the objective of
reducing caseloads and providing for replacement of magistrates who
are unavailable: Provided, That reasonable payment shall be made
said senior magistrates on a per diem basis: Provided, however,
That the per diem and retirement compensation of a senior
magistrate shall may not exceed the salary of a sitting magistrate
and allowances shall also be made for necessary expenses pursuant
to the travel regulations of the supreme court of appeals.
(b) Notwithstanding any provision in this chapter to the
contrary, the minimum per diem payment and allowances for senior
magistrates assigned cases pursuant to this section are as follows:
(1) One hundred fifty dollars per diem pay;
(2) Thirty dollars meal allowance per day when an overnight
stay is undertaken and twenty dollars meal allowance per day when
the senior magistrate is commuting; and
(3) Thirty-one cents per mile automobile mileage allowance.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would