H. B. 2912
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced March 19, 2001; referred to the
Committee on Finance.]
A BILL to amend and reenact sections two, three, four, five, six,
seven and eight, article two-a, chapter four of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended; to amend and reenact section three, article sixteen,
chapter five of said code; to amend and reenact section three,
article one, chapter five-f of said code; to amend and reenact
sections two and two-a, article seven, chapter six of said
code; to amend and reenact section six, article four, chapter
seven of said code; to amend and reenact section thirteen,
article one, chapter ten of said code; to amend and reenact
section one, article one, chapter eleven of said code; to
amend and reenact section five, article twenty-nine-b, chapter
sixteen of said code; to amend and reenact section four,
article twenty-three, chapter nineteen of said code; 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; to amend and reenact section three, article one, chapter twenty-two-a 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 public officials.
Be it enacted by the Legislature of West Virginia:
That sections two, three, four, five, six, seven and eight,
article two-a, chapter four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted; that section three, article sixteen, chapter five of
said code be amended and reenacted; that section three, article
one, chapter five-f of said code be amended and reenacted; and that
sections two and 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 thirteen,
article one, chapter ten of said code be amended and reenacted;
that section one, article one, chapter eleven of said code be
amended and reenacted; that section five, article twenty-nine-b,
chapter sixteen of said code be amended and reenacted; that section
four, article twenty-three, chapter nineteen 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; that section three, article one, chapter twenty-two-a 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 4. THE LEGISLATURE.
ARTICLE 2A. COMPENSATION FOR AND EXPENSES OF MEMBERS OF THE
LEGISLATURE.
PART II. COMPENSATION.
§4-2A-2. Basic compensation for services; proration.
(a) Each member of the Legislature shall receive as basic
compensation for his or her services the sum of six thousand five
hundred dollars per calendar year. Beginning in the calendar year
one thousand nine hundred ninety-five, and for each calendar year
thereafter, each member of the Legislature shall receive as basic
compensation for his or her services the sum of fifteen thousand
dollars. Beginning in the calendar year two thousand three, and
for each calendar year thereafter, each member of the Legislature
shall receive as basic compensation for his or her services the sum
of eighteen thousand dollars. In addition to such basic
compensation, members shall receive the additional compensations as
are expressly provided for in sections three, four and five of this
article. Except for the increased basic compensation as set forth
in this subsection, and all other increased amounts or new amounts
in respect to the compensation or expenses of members of the
Legislature, set forth in the resolution of the citizens
legislative compensation commission, dated the third eighth day of
March January, one thousand nine hundred ninety-four ninety-nine,
and implemented in sections two through eight of this article
providing for new amounts or amounts increased to new amounts
greater than those in force and effect on the first day of January, one thousand nine hundred ninety-four two thousand, shall all
become effective only for calendar year one thousand nine hundred
ninety-five two thousand one, and each calendar year thereafter as
prescribed in this section.
(b) The basic compensation shall be payable twice a month
during each regular session of the Legislature, without regard to
any extension of such regular session. In the event of the death,
resignation or removal of a member of the Legislature during a
regular session of the Legislature and the appointment and
qualification of his or her successor during any such regular
session, the basic compensation provided for in this section shall
be prorated between the original member and his or her successor on
the basis of the number of days served (including Saturdays and
Sundays) as a member of the Legislature by each during such regular
session of sixty calendar days.
(c) In the event of the death, resignation or removal of a
member of the Legislature and the appointment and qualification of
his or her successor subsequent to the regular session of the
Legislature held in the calendar year in which such successor was
appointed and qualified, none of the basic compensation provided
for in this section shall be paid to such successor.
§4-2A-3. Compensation for members of the Legislature during any
extension of regular session or during extraordinary
session.
Each member of the Legislature shall receive, in addition to
the basic compensation provided for in section two of this article, additional compensation of one hundred fifty dollars per day for
each day of attendance in person upon any business of the Senate or
House of Delegates, as the case may be, on each day upon which said
Senate or House of Delegates is actually called to order during
each extension of regular session or during extraordinary session
of the Legislature. Such additional compensation shall be paid
from time to time during any such extended session or extraordinary
session, as may be prescribed by rules established by the
legislative auditor.
§4-2A-4. Additional compensation for president of Senate, speaker
of House of Delegates, majority leaders, minority
leaders, certain committee chairs and selected members
of both houses.
(a) In addition to the basic and additional compensation
provided for in sections two and three of this article, the
president of the Senate and the speaker of the House of Delegates
shall each receive additional compensation of:
(1) Fifty dollars per day for each day actually served during
any regular, extension of regular or extraordinary session as
presiding officer, including Saturdays and Sundays; and
(2) One hundred fifty dollars per day up to a maximum of
eighty such days per calendar year for attending to legislative
business in their offices in the capitol building when the
Legislature is not in regular, extension of regular or
extraordinary session and interim committees are not meeting.
(b) In addition to the basic and additional compensation provided for in sections two and three of this article, the
majority leaders and minority leaders of the Senate and of the
House of Delegates shall each receive additional compensation of
twenty-five dollars per day for each day actually served during any
regular, extension of regular or during extraordinary session,
including Saturdays and Sundays, as the selected legislative
leaders of their respective political parties.
(c) Such presiding officer and majority and minority leader
compensation shall be paid from time to time during any such
session or interim period, as the case may be, as may be prescribed
by rules established by the legislative auditor.
(d) In addition to the basic and additional compensation
provided for in sections two and three of this article, the
chairpersons of the committees on finance and committees on the
judiciary of the respective houses and up to four additional
persons from each house, to be named by the presiding officer,
shall each receive an additional compensation of one hundred fifty
dollars per day up to a maximum of thirty days for attending to
legislative business in their offices in the capitol building when
the Legislature is not in regular, extended or extraordinary
session and interim committees are not meeting.
§4-2A-5. Interim compensation for members.
(a) In addition to the basic and any additional compensation
provided for in sections two, three and four of this article, each
member shall receive interim compensation of one hundred fifty
dollars per day for each day actually engaged in the performance of interim duties as a member of any interim committee between regular
sessions of the Legislature: Provided, That the total additional
interim compensation payable to any member and his replacement, if
any, on a committee or commission under the provisions of this
section subsection shall not exceed the sum of three four thousand
five hundred dollars per calendar year.
(b) In addition to the basic and any additional compensation
provided for in sections two, three and four of this article and
subsection (a) of this section, each member shall receive interim
compensation of one hundred fifty dollars per day for each day
actually engaged in the performance of legislative duties at a
meeting of any statutorily created legislative committee which
meets between regular sessions of the Legislature and outside of
regular interim meetings when authorized by the committee cochairs
and approved by the president of the Senate and the speaker of the
House of Delegates, not to exceed fifteen days per calendar year.
PART III. EXPENSES.
§4-2A-6. Travel expenses.
Each member of the Legislature shall be entitled to be
reimbursed, upon submission of an expense voucher, for expenses
incurred incident to travel in the performance of his or her duties
as a member of the Legislature or any committee of the Legislature,
whether such committee is operating under general law or
resolution, including, but not limited to, attendance at party
caucuses held in advance of the date of the assembly of the
Legislature in regular session in odd-numbered years for the purpose of selecting candidates for officers of the two houses, at
a rate equal to that paid by the travel management office of the
department of administration for the most direct usually traveled
route, if travel is by private automobile, or for actual
transportation costs for direct route travel, if travel is by
public carrier, or for any combination of such means of
transportation actually used, plus the cost of necessary taxi or
limousine service, tolls and parking fees in connection therewith,
but during any regular, extension of regular or extraordinary
session, travel expenses shall not be paid to any member for more
than one round trip to and from the seat of government and to and
from his or her place of residence for each week of any such
session.
In addition to the above travel expense, the president of the
Senate and the speaker of the House of Delegates shall be entitled
to be reimbursed as provided above, upon submission of an expense
voucher, for expenses incurred incident to travel for up to a
maximum of eighty days per calendar year in connection with their
visits to the capitol building for business which is related to
their duties as presiding officers of the respective houses of the
Legislature, but which takes place when the Legislature is not in
regular, extension of regular or extraordinary session and interim
committees are not meeting.
The rate paid for mileage pursuant to this section may change
from time to time in accordance with changes in the reimbursement
rates established by the travel management office of the department of administration, or its successor agency.
§4-2A-7. Reimbursement for expenses incurred during any session or
interim assignment.
(a) Each member of the Legislature who does not commute daily
shall receive the sum of eighty-five one hundred fifteen dollars
per day as per diem allowance in connection with any regular,
extended, extraordinary session, interim assignment or for any
member so authorized by the presiding officer. Any member of the
Legislature who does commute daily shall receive the sum of
forty-five fifty-five dollars per day as said per diem allowance
and, in addition to such allowance, shall be reimbursed for
overnight commuting expenses at the mileage rate equal to the
amount paid by the travel management office of the department of
administration for the most direct usually traveled route, if
travel is by private automobile, or for actual transportation costs
for direct route travel, if travel is by public carrier, or for any
combination of such means of transportation actually used, plus the
costs of necessary taxi or limousine service, tolls and parking
fees in connection therewith: Provided, That the total of this per
diem allowance plus travel expense for a daily commuting member
shall not exceed eighty-five one hundred fifteen dollars per day.
The amount for mileage paid pursuant to this paragraph may change
from time to time in accordance with changes in the level of
reimbursement by the said travel management office.
(b) The president of the Senate and the speaker of the House
of Delegates, the chairman of the house committee on finance, the chairman of the senate committee on finance, the chairman of the
house committee on the judiciary, the chairman of the senate
committee on the judiciary, and up to four additional persons from
each house designated by the presiding officer pursuant to section
four of this article, shall be reimbursed for travel at the rate
established in subsection (a) above, and shall further receive the
per diem allowance established in said subsection in connection
with their visits to the capitol for business which is related to
their duties as such officers at the times when the Legislature is
not in regular, extended or extraordinary session, and interim
committees are not meeting.
§4-2A-8. Out-of-state expenses.
In addition to reimbursement for travel expenses as authorized
in section six of this article, each member of the Legislature
traveling from West Virginia to an out-of-state point or points and
returning incident to the performance of his or her duties as a
member of the Legislature or any committee of the Legislature,
whether such committee is operating under general law or
resolution, which travel has been duly authorized, shall be
entitled to be reimbursed, upon submission of an expense voucher
therefor, for all reasonable and necessary expenses actually
incurred incident thereto, but the total of any and all such
reimbursed expenses, exclusive of reimbursement for such travel
expenses, shall not under any circumstances exceed the actual cost
of housing at the least expensive available single rate and meal
and miscellaneous expenses of forty-five fifty-five dollars per day. A receipt for the amount paid for housing and for travel by
any public transportation to and from West Virginia shall be
submitted with the expense voucher, but a receipt shall not be
required to be submitted with any such expense voucher for meal and
miscellaneous expenses.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-3. Public employees insurance agency continued; appointment,
qualification, compensation and duties of director of
agency; employees; civil service coverage; director
vested after specified date with powers of public
employees insurance board; expiration of agency.
(a) The public employees insurance agency is continued, and
consists of the director, the finance board, the advisory board and
any employees who may be authorized by law. The director shall be
appointed by the governor, with the advice and consent of the
Senate. He or she shall serve at the will and pleasure of the
governor, unless earlier removed from office for cause as provided
by law. The director shall have at least three years experience in
health insurance administration prior to appointment as director.
The director shall receive an annual salary established by the
governor not to exceed sixty-five thousand dollars and actual
expenses incurred in the performance of official business. The director shall employ such administrative, technical and clerical
employees as are required for the proper administration of the
insurance programs provided for in this article. The director
shall perform such duties as are required of him or her under the
provisions of this article and is the chief administrative officer
of the public employees insurance agency. The director may employ
a deputy director: Provided, That the director shall report each
year to the joint committee on government and finance on the
agency's total contract costs for consultant contracts and the
costs of the deputy director's position for the fiscal years one
thousand nine hundred ninety-eight through two thousand.
(b) All positions in the agency, except for the director, his
or her personal secretary, the deputy director and the chief
financial officer shall be included in the classified service of
the civil service system pursuant to article six, chapter
twenty-nine of this code. Any person required to be included in
the classified service by the provisions of this subsection who was
employed in any of the positions included in this subsection on or
after the effective date of this article shall not be required to
take and pass qualifying or competitive examinations upon or as a
condition to being added to the classified service: Provided, That
no person required to be included in the classified service by the
provisions of this subsection who was employed in any of the
positions included in this subsection as of the effective date of
this section shall be thereafter severed, removed or terminated in
his or her employment prior to his or her entry into the classified service except for cause as if the person had been in the
classified service when severed, removed or terminated.
(c) The director is responsible for the administration and
management of the public employees insurance agency as provided for
in this article and in connection with his or her responsibility
shall have the power and authority to make all rules necessary to
effectuate the provisions of this article. Nothing in section four
or five of this article shall limit the director's ability to
manage on a day-to-day basis the group insurance plans required or
authorized by this article, including, but not limited to,
administrative contracting, studies, analyses and audits,
eligibility determinations, utilization management provisions and
incentives, provider negotiations, provider contracting and
payment, designation of covered and noncovered services, offering
of additional coverage options or cost containment incentives,
pursuit of coordination of benefits and subrogation, or any other
actions which would serve to implement the plan or plans designed
by the finance board.
(d) The public employees insurance agency shall terminate in
the manner provided in article ten, chapter four of this code, on
the first day of July, two thousand one, unless extended by
legislation enacted before the termination date: Provided, That
the public employees insurance agency advisory board, created in
section six of this article, shall terminate in the manner provided
in article ten, chapter four of this code on the first day of July,
one thousand nine hundred ninety-six.
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, the secretary of the department of health
and human resources shall receive an annual salary of eighty-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 the
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.
§6-7-2. Salaries of certain state officers.
(a) The salaries for each of the state constitutional officers
shall be as follows:
(a) (1) The salary of the governor shall be ninety thousand
dollars per year;
(b) (2) The salary of the attorney general shall be
seventy-five thousand dollars per year;
(c) (3) The salary of the auditor shall be seventy thousand
dollars per year;
(d) (4) The salary of the secretary of state shall be
sixty-five thousand dollars per year;
(e) (5) The salary of the commissioner of agriculture shall be
seventy thousand dollars per year; and
(f) (6) The salary of the state treasurer shall be seventy
thousand dollars per year.
(b) Beginning in the calendar year two thousand five, and for
each calendar year thereafter, salaries for each of the state
constitutional officers shall be as follows:
(1) The salary of the governor shall be ninety thousand dollars per year;
(2) The salary of the attorney general shall be ninety
thousand dollars per year;
(3) The salary of the auditor shall be eighty-five thousand
dollars per year;
(4) The salary of the secretary of state shall be eighty
thousand dollars per year;
(5) The salary of the commissioner of agriculture shall be
eighty-five thousand dollars per year; and
(6) The salary of the state treasurer shall be eighty-five
thousand dollars per year.
§6-7-2a. Terms of certain appointive state officers; appointment;
qualifications; powers and salaries of such officers.
(a) 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 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.
Notwithstanding any other provision of this code to the contrary, beginning on the first day of July, one thousand nine
hundred ninety-nine, Prior to the first day of July, two thousand
two, each such named appointive state officer shall continue to
receive the annual salaries they were receiving as of the effective
date of the enactment of this section in two thousand one, and
thereafter, notwithstanding any other provision of this code to the
contrary, the annual salary of each such named appointive state
officer shall be as follows:
Administrator, division of highways, eighty-five eighty-eight
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, sixty-five thousand dollars;
administrator, division of energy, sixty-five thousand dollars;
administrator, division of corrections, seventy eighty-three
thousand dollars; administrator, division of natural resources,
sixty-five eighty-one thousand dollars; superintendent, state
police, seventy eighty-one thousand dollars; administrator, lottery
division, seventy eighty-seven thousand dollars; director, public
employees insurance agency, seventy eighty-one thousand dollars;
administrator, division of banking, fifty-five sixty-six thousand
dollars; administrator, division of insurance, fifty-five sixty-six
thousand dollars; administrator, division of culture and history,
fifty sixty-three thousand dollars; administrator, alcohol beverage
control commission, seventy thousand dollars; administrator,
division of motor vehicles, seventy thousand dollars; director, division of personnel, fifty sixty thousand dollars; adjutant
general, seventy eighty-one thousand dollars; chairman, health care
authority, sixty-five seventy-eight thousand dollars; members,
health care authority, sixty thousand dollars; director, human
rights commission, forty forty-eight thousand dollars;
administrator, division of labor, fifty-five sixty-six thousand
dollars; administrator, division of veterans affairs, forty
forty-eight thousand dollars; administrator, division of emergency
services, forty forty-eight thousand dollars; members, board of
parole, forty forty-eight thousand dollars; members, employment
security review board, seventeen thousand dollars; members,
workers' compensation appeal board, seventeen thousand eight
hundred dollars; member, racing commission, five thousand dollars;
administrator, bureaus of employment programs, seventy-eight
thousand dollars; administrator, bureau of environment, eighty-five
thousand dollars; director, office of miner's health, safety and
training, sixty-five thousand dollars; chairman, public service
commission, eighty-three thousand dollars; members, public service
commission, seventy-eight thousand dollars. Secretaries of the
departments shall be paid an annual salary as follows: Health and
human resources, one hundred one thousand dollars; transportation,
ninety-seven thousand dollars; tax and revenue, eighty-four
thousand dollars; military affairs and public safety, eighty-four
thousand dollars; administration, eighty-six thousand dollars;
education and the arts, eighty-four thousand dollars.
(b) 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-nine two thousand two, each of the state officers named in
this subsection shall continue to receive the annual salaries they
were he or she was receiving as of the effective date of the
enactment of this section in one thousand nine hundred ninety-nine
two thousand one, 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 sixty-six thousand dollars; director, division of
rehabilitation services, fifty-five sixty-six thousand dollars;
executive director, educational broadcasting authority, fifty-five
thousand dollars; secretary, library commission, sixty-two thousand
five hundred sixty-seven thousand dollars; director, geological and
economic survey, forty-seven thousand five hundred fifty-seven
thousand dollars; executive director, prosecuting attorneys
institute, sixty-three thousand dollars; executive director, water
development authority, fifty-four thousand two hundred fifty-eight
thousand dollars; executive director, public defender services,
fifty-five sixty-six thousand dollars; commissioner, bureau of
senior services, sixty-five seventy thousand dollars; commissioner,
oil and gas conservation commission, forty thousand dollars;
director, farm management commission, thirty-two thousand five
hundred dollars; director, state rail authority, fifty sixty-one
thousand dollars; executive secretary, women's commission, thirty thousand one hundred thirty-one thousand dollars; director,
regional jail and correctional facility authority, seventy thousand
dollars; director, hospital finance authority, twenty-five thousand
eight hundred twenty-six thousand 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.
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$1,500,000,000Unlimited$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, grant, reimbursement or other
funding source, excluding federal funds as provided in article two,
chapter four of this code, the treasurer shall deposit the funds
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) The West Virginia prosecuting attorneys institute shall
continue to exist until the first day of July, two thousand one,
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.
(i) Neither the institute nor its employees acting in their
employment capacity shall engage in activities before governmental
bodies which advocate positions on issues other than those issues
consistent with the duties of the institute set forth in subsection
(d) of this section.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION;
ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS;
ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
ARTICLE 1. PUBLIC LIBRARIES.
§10-1-13. State library commission -- Officers.
The officers of the commission shall be a chairman, elected
from the members of the commission, for a term of one year, and a
secretary, who shall be a person trained in modern library methods,
not a member of the commission. The secretary shall be appointed
by the commission and shall serve at the will of the commission.
Notwithstanding any other provision of the code to the contrary,
the salary of the secretary shall be sixty-two thousand five
hundred dollars per year. The commission may establish
headquarters or maintain its office at such point in the state as
it may determine.
The secretary shall keep a record of the proceedings of the
commission, have charge of its work in organizing new libraries and
improving those already established, supervise the work of the
traveling libraries, and in general perform such duties as may from
time to time be assigned to him or her by the commission.
CHAPTER 11. TAXATION.
ARTICLE 1. SUPERVISION.
§11-1-1. Office of tax commissioner continued and designated the
state tax division; appointment, term, oath and bond
of commissioner; powers and duties generally; sections
of division; assistant tax commissioner; assistant
attorneys general to assist commissioner.
(a) The office of the tax commissioner shall be continued in
all respects as heretofore constituted in the state government, but
is hereby designated as the state tax division of the department of
tax and revenue.
(b) The tax commissioner shall be the chief executive officer
of the state tax division and shall be appointed by the governor,
by and with the advice and consent of the Senate, to serve at the
will and pleasure of the governor for the term for which the
governor was elected and until a successor has been appointed and
has qualified.
(c) The tax commissioner, before entering upon the duties of
office, shall take the oath or affirmation prescribed by section 5,
article IV of the constitution. The tax commissioner shall give
bond with good security, to be approved by the governor, in the
penalty of fifteen thousand dollars. The salary of the tax
commissioner shall be sixty-five thousand dollars a year or the
amount specified in section two-a, article seven, chapter six of
this code, whichever amount is greater. The tax commissioner shall
be repaid his or her actual disbursements for traveling expenses.
The tax commissioner shall be provided with an office in the
capitol and with furniture, office equipment and clerical
assistance as shall be necessary.
(d) The tax commissioner shall have control and supervision of
the state tax division and shall be responsible for the work of
each of its sections or other subunits. Each section or bureau
shall be headed by a director appointed by the tax commissioner and who shall be responsible to the tax commissioner for the work of
his or her section or bureau. The tax commissioner may create such
sections or bureaus and employ staff or employees as may be
necessary to administer the state tax laws for which the tax
commissioner or tax division is responsible, within the amount of
expenditures appropriated for operation of the tax division by the
Legislature. The tax commissioner shall have authority to appoint
an assistant tax commissioner who shall be his or her principal
assistant. The powers and duties vested in the tax commissioner by
this chapter and any other provisions of law may be delegated by
the tax commissioner to the assistant or other employees, but the
tax commissioner shall be responsible for all official acts of such
delegates.
(e) The tax commissioner, if he or she deems considers such
action necessary, may request the attorney general to appoint
assistant attorneys general who shall perform duties as may be
required by the tax commissioner. The attorney general, in
pursuance of such request, may select and appoint assistant
attorneys general, with the consent of the tax commissioner, to
serve during the will and pleasure of the attorney general, and the
assistants shall be paid out of any funds made available for that
purpose by the Legislature to the state tax division.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 29B. HEALTH CARE AUTHORITY.
§16-29B-5. West Virginia health care authority; composition of the
board; qualifications; terms; oath; expenses of members; vacancies; appointment of chairman, and
meetings of the board.
The "West Virginia Health Care Cost Review Authority",
heretofore created as an autonomous division of the department of
health, is hereby continued as an autonomous division of the
department of health and human resources and shall be known as the
"West Virginia Health Care Authority", hereinafter referred to as
the board. Any references in this code to the West Virginia health
care cost review authority shall mean the West Virginia health care
authority.
(a) The board shall consist of three members, appointed by the
governor, with the advice and consent of the Senate. The board
members shall be citizens and residents of this state. No more
than two of said board members may be members of the same political
party. One board member shall have a background in health care
finance or economics, one board member shall have previous
employment experience in human services, business administration or
substantially related fields and one board member shall be a
consumer of health services with a demonstrated interest in health
care issues.
(b) Each board member shall, before entering upon the duties
of his or her office, take and subscribe to the oath provided by
section five, article IV of the constitution of the state of West
Virginia, which oath shall be filed in the office of the secretary
of state. The governor shall designate one of the board members to
serve as chairman at the governor's will and pleasure. The chairman shall be the chief administrative officer of the board.
The governor may remove any board member only for incompetency,
neglect of duty, gross immorality, malfeasance in office or
violation of the provisions of this article. The governor shall
appoint three board members, one for a term of two years, one for
a term of four years and one for a term of six years, with all the
terms beginning on the twelfth day of March, one thousand nine
hundred eighty-three. All future appointments shall be for terms
of six years, except that an appointment to fill a vacancy shall be
for the unexpired term only.
(c) No person while in the employ of, or holding any official
relation to, any hospital or health care provider subject to the
provisions of this article, or who has any pecuniary interest
therein, may serve as a member of the board or as an employee
thereof. Nor may any such board member be a candidate for or hold
public office or be a member of any political committee while
acting as such board member; nor may any board member or employee
of said board receive anything of value, either directly or
indirectly, from any third-party payor or health care provider.
Should any of the board members become a candidate for any public
office or for membership on any political committee, the governor
shall remove said board member from the board and shall appoint a
new board member to fill the vacancy created. No board member or
former board member may accept employment with any hospital or
health care provider subject to the jurisdiction of the board in
violation of the West Virginia governmental ethics act, chapter six-b of this code: Provided, That such act shall not apply to
employment accepted after termination of the board.
(d) The concurrent judgment of two of the board members when
in session as the board shall be deemed the action of the board.
A vacancy in the board shall not affect the right or duty of the
remaining board members to function as a board.
(e) In order to adequately compensate the chairman of the
board and other members of the board for additional duties newly
imposed by law and not heretofore required by law, the annual
salary of the chairman of the board shall be sixty-five thousand
dollars and the annual salary of the other board members shall be
sixty thousand dollars.
CHAPTER 19. AGRICULTURE.
ARTICLE 23. HORSE AND DOG RACING.
§19-23-4. West Virginia racing commission continued as a public
corporation; composition; terms; vacancies;
qualifications, expenses of members; principal
office; meetings; election of officers; quorum;
inspection of records; annual report.
(a) The "West Virginia racing commission," heretofore created,
shall continue in existence as a public corporation and, as such,
may contract and be contracted with, plead and be impleaded, sue
and be sued and have and use a common seal.
(b) The racing commission shall consist of three members, not
more than two of whom shall belong to the same political party, to
be appointed by the governor by and with the advice and consent of the Senate. The term of office for the members of such racing
commission shall be four years, and until their successors have
been appointed and have qualified, and members of the racing
commission may serve any number of successive terms. The members
of the racing commission in office on the effective date of this
article the amendment and reenactment of this section in two
thousand one shall, unless removed by the governor after the
effective date of this article, continue to serve until their terms
expire and until their successors have been appointed and have
qualified. Any vacancy in the office of a member of the racing
commission shall be filled by appointment by the governor for the
unexpired term of the member whose office shall be vacant. No
individual shall be eligible for appointment to or to serve upon
the racing commission:
(1) Unless he or she is an actual and bona fide resident of
this state, shall have resided in this state for a period of at
least five years next preceding his or her appointment, shall be a
qualified voter of this state and be not less than twenty-five
years of age;
(2) Who directly or indirectly, or in any capacity, owns or
has any interest, in any manner whatever, in any racetrack where
horse or dog race meetings may be held, including, but not limited
to, an interest as owner, lessor, lessee, stockholder or employee;
(3) While serving as a member of the Legislature or as an
elective officer of this state; or
(4) Who has been or shall be convicted of an offense which, under the law of this state or any other state or of the United
States of America, constitutes a felony, or is a violation of
article four, chapter sixty-one of this code.
(c) Each member of the racing commission shall receive a
salary of five thousand dollars per annum to be paid in monthly
installments and shall be reimbursed for all reasonable and
necessary expenses actually incurred in the performance of his or
her duties as a member of the racing commission.
(d) The racing commission shall have its principal office at
the seat of government, and shall meet annually at its principal
office in the month of January, and at such other times and places
as shall be designated by its chairman. At such annual meeting the
racing commission shall elect from its membership a chairman and
such other officers as may be desired. Other meetings of the
racing commission may be called by the chairman on such notice to
the other members as may be prescribed by the racing commission.
(e) A majority of the members of the racing commission shall
constitute a quorum for the transaction of its business or the
exercise of any of its powers and authority. No individual not a
bona fide member of the racing commission shall vote upon or
participate in the deliberations of the racing commission on any
matter which may come before it. All racing commission records,
except as otherwise provided by law, shall be open to public
inspection during regular office hours.
(f) As soon as possible after the close of each calendar year,
the racing commission shall submit to the governor a report of the transactions of the racing commission during the preceding calendar
year.
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
ARTICLE 2. THE COMMISSIONER OF THE BUREAU OF EMPLOYMENT PROGRAMS.
§21A-2-5. 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 or her duties. 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 may 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 of the
federal Clean Water Act and may enter into agreements in accordance
with the provisions of section seven-a, article eleven of this
chapter. 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, said counsel to be classified-exempt.
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 may not be a candidate for or hold any other public
office, may 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. 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 22A. MINERS' HEALTH, SAFETY AND TRAINING.
ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING;
ADMINISTRATION; ENFORCEMENT.
§22A-1-3. Director of the office of miners' health, safety and
training.
(a) The director of the office of miners' health, safety and
training is responsible for surface and underground safety
inspections of coal mines and the administration of the office of
miners' health, safety and training. and of such other matters as
are delegated or assigned to the director by the secretary of the department of commerce, labor and environmental resources
(b) The director is the chief executive officer of the office.
Subject to provisions of law, he or she shall organize the office
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 office. The
director may appoint such other employees needed for the operation
of the office and may prescribe their powers and duties and fix
their compensation within amounts appropriated therefor.
(c) The director shall be appointed by the governor, by and
with the advice and consent of the Senate, and shall serve 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 office shall
act for and perform the functions of the secretary or the director
during the absence or disability of both the secretary or the
director or in the event of vacancies in both of those offices
(d) The director of the office of miners' health, safety and
training shall be a citizen of West Virginia, shall be a competent
person of good repute and temperate habits with a demonstrated
interest and five years' experience in underground coal mining 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. Special reference shall be given to his or her administrative experience
and ability. The director shall devote all of his or her time to
the duties of the position of director and shall not be directly
interested financially in any mine in this or any other state nor
shall the director, either directly or indirectly, be a majority
owner of, or have control of or a controlling interest in, a mine
in this or any other state. 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.
(e) 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. Prior
to the assumption of his or her official duties, the director shall
take the oath required of public officials prescribed by section 5,
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 office funds.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 1. GENERAL PROVISIONS.
§24-1-3. Commission continued; membership; chairman; compensation.
(a) The public service commission of West Virginia, heretofore established, is continued and directed as provided by this chapter,
chapter twenty-four-a, chapter twenty-four-b and chapter
twenty-four-d of this code. After having conducted a performance
audit through its joint committee on government operations,
pursuant to section nine, article ten, chapter four of this code,
the Legislature hereby finds and declares that the public service
commission should be continued and reestablished. Accordingly,
notwithstanding the provisions of section five, article ten,
chapter four of this code, the public service commission shall
continue to exist until the first day of July, two thousand one.
The public service commission may sue and be sued by that name.
The public service commission shall consist of three members who
shall be appointed by the governor with the advice and consent of
the Senate. The commissioners shall be citizens and residents of
this state and at least one of them shall be duly licensed to
practice law in West Virginia, with not less than ten years' actual
work experience in the legal profession as a member of a state bar.
No more than two of the commissioners shall be members of the same
political party. Each commissioner shall, before entering upon the
duties of his or her office, take and subscribe to the oath
provided by section five, article IV of the constitution of this
state. The oath shall be filed in the office of the secretary of
state. The governor shall designate one of the commissioners to
serve as chairman at the governor's will and pleasure. The
chairman shall be the chief administrative officer of the
commission. The governor may remove any commissioner only for incompetency, neglect of duty, gross immorality, malfeasance in
office or violation of subsection (c) of this section.
(b) The unexpired terms of members of the public service
commission at the time this subsection becomes effective are
continued. Upon expiration of the terms, appointments are for
terms of six years, except that an appointment to fill a vacancy is
for the unexpired term only. The commissioners whose terms are
terminated by the provisions of this subsection are eligible for
reappointment.
(c) No person while in the employ of, or holding any official
relation to, any public utility subject to the provisions of this
chapter, or holding any stocks or bonds of a public utility subject
to the provisions of this chapter, or who is pecuniarily interested
in a public utility subject to the provisions of this chapter, may
serve as a member of the commission or as an employee of the
commission. Nor may any commissioner be a candidate for or hold
public office, or be a member of any political committee, while
acting as a commissioner; nor may any commissioner or employee of
the commission receive any pass, free transportation or other thing
of value, either directly or indirectly, from any public utility or
motor carrier subject to the provisions of this chapter. In case
any of the commissioners becomes a candidate for any public office
or a member of any political committee, the governor shall remove
him or her from office and shall appoint a new commissioner to fill
the vacancy created.
(d) The salaries of members of the public service commission and the manner in which they are paid established by the prior
enactment of this section are continued. Effective the first day
of July, one two thousand one nine hundred ninety-six, and in light
of the assignment of new, substantial additional duties embracing
new areas and fields of activity under certain legislative
enactments, the annual salary of each commissioner shall receive an
annual salary of sixty-five thousand dollars to provided in section
two-a, article seven, chapter six of this code shall be paid in
monthly installments from the special funds in the amounts
percentages that follow:
(1) From the public service commission fund collected under
the provisions of section six, article three of this chapter,
fifty-two thousand dollars eighty percent;
(2) 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 seventeen percent; and
(3) 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 three percent.
In addition to this the salary provided for all commissioners
in section two-a, article seven, chapter six of this code, 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. on and after the first day of July,
one thousand nine hundred ninety-six
NOTE: The purpose of the bill is to provide salary adjustments
for certain public officials.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.