H. B. 3193


(By Delegates Michael and Faircloth)

[Introduced March 30, 2001; referred to the

Committee on Finance.]





A BILL to amend and reenact section two-a, article seven, chapter six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, and to amend and reenact section four, article one, chapter twenty-two-c of said code, all relating to the director of the water development authority; providing that the compensation of the director be fixed by the water development authority.

Be it enacted by the Legislature of West Virginia:
That section two-a, article seven, chapter six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted and that sectionfour, article one, chapter twenty-two-c of said code be amended and reenacted, all to read as follows:
ARTICLE 7. COMPENSATION AND ALLOWANCES.

 §6-7-2a. Terms of certain appointive state officers; appointment; qualifications; powers and salaries of such officers.
(a) 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, the annual salary of each such named appointive state officer shall be as follows:
Administrator, division of highways, eighty-five thousand dollars; administrator, division of health, fifty-seven thousand two hundred dollars; administrator, division of human services, forty-seven thousand eight hundred dollars; administrator, state tax division, sixty-five thousand dollars; administrator, division of energy, sixty-five thousand dollars; administrator, division of corrections, seventy thousand dollars; administrator, division of natural resources, sixty-five thousand dollars; superintendent, state police, seventy thousand dollars; administrator, lottery division, seventy thousand dollars; director, public employees insurance agency, seventy thousand dollars; administrator, division of banking, fifty-five thousand dollars; administrator, division of insurance, fifty-five thousand dollars; administrator, division of culture and history, fifty thousand dollars; administrator, alcohol beverage control commission, seventy thousand dollars; administrator, division of motor vehicles, seventy thousand dollars; director, division of personnel, fifty thousand dollars; adjutant general, seventy thousand dollars; chairman, health care authority, sixty-five thousand dollars; members, health care authority, sixty thousand dollars; director, human rights commission, forty thousand dollars; administrator, division of labor, fifty-five thousand dollars; administrator, division of veterans affairs, forty thousand dollars; administrator, division of emergency services, forty thousand dollars; members, board of parole, forty thousand dollars; members, employment security review board, seventeen thousand dollars; members, workers' compensation appeal board, seventeen thousand eight hundred dollars.
(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, each of the state officers named in this subsection shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in one thousand nine hundred ninety-nine, 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 thousand dollars; director, division of rehabilitation services, fifty-five thousand dollars; executive director, educational broadcasting authority, fifty-five thousand dollars; secretary, library commission, sixty-two thousand five hundred dollars; director, geological and economic survey, forty-seven thousand five hundred dollars; executive director, water development authority, fifty-four thousand two hundred dollars; executive director, public defender services, fifty-five thousand dollars; commissioner, bureau of senior services, sixty-five 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 thousand dollars; executive secretary, women's commission, thirty thousand one hundred dollars; director, regional jail and correctional facility authority, seventy thousand dollars; director, hospital finance authority, twenty-five thousand eight hundred dollars.
(c) No increase in the salary of any appointive state officer pursuant to this section shall be paid until and unless such appointive state officer shall have first filed with the state auditor and the legislative auditor a sworn statement, on a form to be prescribed by the attorney general, certifying that his or her spending unit is in compliance with any general law providing for a salary increase for his or her employees. The attorney general shall prepare and distribute such form to the affected spending units.
ARTICLE 1. WATER DEVELOPMENT AUTHORITY.

 §22C-1-4. Water development authority; water development board;
organization of authority and board; appointment of board members; their term of office, compensation and expenses; director of authority; compensation.
The water development authority is continued. The authority is a governmental instrumentality of the state and a body corporate. The exercise by the authority of the powers conferred by this article and the carrying out of its purposes and duties are essential governmental functions and for a public purpose.
The authority is controlled, managed and operated by the seven-member board known as the water development board. The director of the division of environmental protection, and the commissioner of the bureau of public health and the state officer or employee who in the judgment of the governor is most responsible for economic or community development are members ex officio of the board. The governor shall designate annually the member who is the state officer or employee most responsible for economic or community development. The other four members of the board are appointed by the governor, by and with the advice and consent of the Senate, for terms of two, three, four and six years, respectively. The successor of each such appointed member shall be appointed for a term of six years in the same manner the original appointments were made, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Each board member serves until the appointment and qualification of his or her successor. No more than two of the appointed board members shall at any one time belong to the same political party. Appointed board members may be reappointed to serve additional terms.
All members of the board shall be citizens of the state. Each appointed member of the board, before entering upon his or her duties, shall comply with the requirements of article one, chapter six of this code and give bond in the sum of twenty-five thousand dollars in the manner provided in article two, chapter six of this code. The governor may remove any board member for cause as provided in article six, chapter six of this code.
Annually the board shall elect one of its appointed members as chair and another as vice chair, and shall appoint a secretary-treasurer, who need not be a member of the board. Four members of the board is a quorum and the affirmative vote of four members is necessary for any action taken by vote of the board. No vacancy in the membership of the board impairs the rights of a quorum by such vote to exercise all the rights and perform all the duties of the board and the authority. The person appointed as secretary-treasurer, including a board member if he or she is so appointed, shall give bond in the sum of fifty thousand dollars in the manner provided in article two, chapter six of this code.
The director of the division of environmental protection, the commissioner of the bureau of public health and the state officer or employee most responsible for economic or community development shall not receive any compensation for serving as board members. Each of the four appointed members of the board shall receive an annual salary of five thousand dollars, payable in monthly installments. Each of the seven board members shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of his or her duties as a member of such board. All such expenses incurred by the board are payable solely from funds of the authority or from funds appropriated for such purpose by the Legislature and no liability or obligation shall be incurred by the authority beyond the extent to which moneys are available from funds of the authority or from such appropriations.
There shall also be a director of the authority appointed by the board. The compensation of the director shall be fixed by the board.
Note: The purpose of this bill is to provide the the compensation of the director of the water development authority be fixed by the water development authority board.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.