ENGROSSED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 151
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
____________
[Originating in the Committee on Finance;
reported February 25, 2003.]
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A BILL to repeal articles one-b and one-c, chapter five of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended; to amend and reenact sections one and two, article
one, chapter five-a of said code; to further amend said
article by adding thereto two new sections, designated section
three-a and three-b; to amend and reenact article seven of
said chapter; to amend and reenact section two, article one,
chapter five-f of said code; to amend and reenact article
three of said chapter; and to amend and reenact section two-a,
article seven, chapter six of said code, all relating to reorganizing the executive branch of government; abolishing
the position of chief technology officer in the office of the
governor, the information services and communications division
and the science and technology council and creating a new
office of technology; consolidating the department of
administration and the department of tax and revenue into a
new department of finance and administration; reporting
requirements; working capital fund; confidentiality
requirements; creating a commission on reorganization;
termination; creating a legislative oversight commission on
reorganization; continuation; and salary.
Be it enacted by the Legislature of West Virginia:
That articles one-b and one-c, chapter five of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
repealed; that sections one and two, article one, chapter five-a of
said code be amended and reenacted; that said article be further
amended by adding thereto two new sections, designated section
three-a and three-b; that article seven of said chapter be amended
and reenacted; that section two, article one, chapter five-f of
said code be amended and reenacted; that article three of said
chapter be amended and reenacted; and that section two-a, article
seven, chapter six of said code be amended and reenacted, all to
read as follows:
CHAPTER 5A. DEPARTMENT OF FINANCE AND ADMINISTRATION.
ARTICLE 1. DEPARTMENT OF FINANCE AND ADMINISTRATION.
§5A-1-1. Definitions.
For the purpose of this chapter:
(a) "Commodities" means supplies, material, equipment,
contractual services and any other articles or things used by or
furnished to a department, agency or institution of state
government.
(b) "Contractual services" shall include telephone, telegraph,
electric light and power, water and similar services.
(c) "Director" means the director of the division referred to
in the heading of the article in which the word appears.
(d) "Expendable commodities" means those commodities which,
when used in the ordinary course of business, will become consumed
or of no market value within the period of one year or less.
(e) "Nonprofit workshops" means an establishment: (a) (1)
Where any manufacture or handiwork is carried on; (b) (2) which is
operated either by a public agency or by a cooperative or by a
nonprofit private corporation or nonprofit association, in which no
part of the net earnings thereof inures, or may lawfully inure, to
the benefit of any private shareholder or individual; (c) (3) which
is operated for the primary purpose of providing remunerative
employment to blind or severely disabled persons who cannot be
absorbed into the competitive labor market; and (d) (4) which shall
be approved, as evidenced by a certificate of approval, by the state board of vocational education, division of vocational
rehabilitation.
(f) "Printing" means printing, binding, ruling, lithographing,
engraving and other similar services.
(g) "Removable property" means any personal property not
permanently affixed to or forming a part of real estate.
(h) "Secretary" means the secretary of finance and
administration. as used in article two of this chapter, the
director of the budget All references to the secretary of
administration or the secretary of tax and revenue as used in this
code, except section two-a, article seven, chapter six of this
code, shall be construed to mean the secretary of finance and
administration.
(i) "Spending officer" means the executive head of a spending
unit or a person designated by him.
(j) "Spending unit" means a department, agency or institution
of the state government for which an appropriation is requested or
to which an appropriation is made by the Legislature.
§5A-1-2. Department of finance and administration and office of
secretary; transfers of funds; transition; savings
provision; office of technology.
(a) There is hereby created within the executive branch of
state government a department of finance and administration and the
office of secretary of the department of finance and administration, effective the first day of July, two thousand and
three. The secretary is the chief executive officer of the
department and director of the budget and shall be appointed by the
governor, with the advice and consent of the Senate, and serves at
the will and pleasure of the governor.
(b) The department of administration, the office of the
secretary of the department of administration, the department of
tax and revenue and the office of secretary of the department and
tax and revenue are abolished effective the first day of July, two
thousand three.
(c) All duties of the secretary of the department of
administration and the secretary of the department of tax and
revenue are hereby vested in the secretary of the department of
finance and administration. All records, responsibilities,
obligations, assets and property, of whatever kind and character,
of the department of tax and revenue and the department of
administration are transferred to the department of finance and
administration. The balances of all funds of the department of
administration and the department of tax and revenue are
transferred to the department of finance and administration. The
department of finance and administration is hereby authorized to
receive federal funds.
(d) On the effective date of this section, the secretary of
the department of administration and the secretary of the department of tax and revenue are authorized to undertake any
actions as are reasonably required for an orderly transition. Upon
the transfer of the functions of the department of administration
and the department of tax and revenue to the department of finance
and administration, the secretary of the department of finance and
administration is empowered to authorize transfers of program funds
as are necessary to facilitate an orderly transfer of functions.
Authority to make transfers pursuant to this subsection expires on
the thirtieth day of June, two thousand four.
(e) All orders, determinations, rules, permits, grants,
contracts, certificates, licenses, waivers, bonds, authorizations
and privileges which have been issued, made, granted or allowed to
become effective by the governor, any state department or agency or
official thereof, or by a court of competent jurisdiction, in the
performance of functions which have been transferred to the
secretary or to the department, and were in effect on the date the
transfer occurred continue in effect, for the benefit of the
department, according to their terms until modified, terminated,
superseded, set aside, or revoked in accordance with the law by the
governor, the secretary, or other authorized official, a court of
competent jurisdiction, or by operation of law.
(f) Any proceedings, including notices of proposed rulemaking,
or any application for any license, permit, certificate, or
financial assistance pending before any department, division or other office, functions of which were transferred to the department
of finance and administration are not affected by the transfer.
Orders issued in any proceedings continue in effect until modified,
terminated, superseded, or revoked by the governor, the secretary,
by a court of competent jurisdiction, or by operation of law.
Nothing in this subsection prohibits the discontinuance or
modification of any proceeding under the same terms and conditions
and to the same extent that proceeding could have been discontinued
or modified if the department had not been created or if functions
or offices had not been transferred to the department. The
creation of the department of finance and administration and the
subsequent transfer of functions do not affect suits commenced
prior to the effective date of the creation by or against any
department, division, office or officer and in all such suits,
proceedings shall be had, appeals taken and judgments rendered in
the same manner and with like effect as if the creation or transfer
had not occurred, except that the secretary of the department of
finance and administration or other officer may, in an appropriate
case, be substituted or added as a party.
(g) The secretary shall submit to the legislative joint
committee on government operations on or before the first day of
December, two thousand three, a report setting forth the
reorganization implemented by executive action pursuant to this
article and resulting cost savings as determined by the secretary, any recommendations for further reorganization requiring
legislative action and drafts of recommended legislation to
implement the reorganization requiring legislative action.
§5A-1-3a. Working capital fund.
(a) The department of finance and administration shall have a
working capital fund, which is hereby created in the state
treasury. Amounts in this fund are available for expenses of
operating and maintaining common administrative services of the
department that the secretary decides may be carried out more
advantageously and more economically as central services.
(b) Amounts in the fund remain available until expended.
Amounts may be appropriated to the fund.
(c) The fund consists of:
(1) Amounts appropriated to the fund;
(2) To the extent transferred to the fund by the secretary,
the reasonable value of supply inventories, equipment and other
assets and inventories on order for providing services out of
amounts in the fund, less related liabilities and unpaid
obligations;
(3) Amounts received from the sale or exchange of property;
(4) Payments received for loss or damage of property of the
fund.
(d) The fund shall be reimbursed, or credited with advance
payments from amounts available to the department or from other sources, for supplies and services at rates that will equal the
expenses of operation, including accrual of annual leave and the
depreciation of plant and equipment. Amounts the secretary decides
are in excess of the needs of the fund shall be deposited at the
end of each fiscal year in the general revenue funds as
miscellaneous receipts.
§5A-1-3b. Confidentiality of information.
(a) Information provided to secretary under expectation of
confidentiality. -- Information that would be confidential under
the laws of this state when provided to a division, agency, board,
commission or office within the department of finance and
administration shall be confidential when that information is
provided to the secretary of the department of finance and
administration, or to an employee in the office of the secretary.
Thereafter, the confidential information may be disclosed only: (1)
To the applicable division, agency, board or commission of the
department to which the information relates; or (2) in the manner
authorized by provisions of this code applicable to that division,
agency, board or commission. This confidentiality rule is a
specific exemption form disclosure under article one, chapter
twenty-nine-b of this code;
(b) Interdepartment communication of confidential information.
-- Notwithstanding any provision of this code to the contrary,
information that by statute is confidential in the possession of any division, agency, board, commission or office of the department
of finance and administration may be disclosed to the secretary, or
an employee in the office of the secretary, who must safeguard the
information and may not further disclose the information except
under the same conditions, restrictions and limitations applicable
to the administrator of the division, agency, board, commission or
office of the department in whose hands the information is
confidential: Provided, That nothing contained in this section
shall be construed to require the disclosure to the secretary or to
an employee in the office of the secretary of individually
identifiable health care or other information that, under federal
law, may not be disclosed by the administration without subjecting
the administrator or the agency, board or commission to sanctions
or other penalties by the United States or any agency thereof.
This confidentiality rule is a specific exemption form disclosure
under article one, chapter twenty-nine-b of this code.
ARTICLE 7. OFFICE OF TECHNOLOGY.
§5A-7-1. Findings and purposes.
The Legislature finds and declares that a unified information
technology system is essential to the efficient and effective
operation of state government and that the management goals and
purposes of government are furthered by the development of
compatible, integrated, linked information systems across state
government. Therefore, it is the purpose of this article to create the technology office within the department of finance and
administration with the authority to set, direct and approve all
information technology policies, standards, structure and
expenditures for all state spending units on their information
systems and information technology equipment in the various state
agencies, to promulgate standards in the utilization of information
technology equipment and related services and to promote quality
service and cost effective and efficient operation of all branches
of state government.
§5A-7-2. Office created; chief information officer; qualifications;
use of facilities; rules.
There is hereby created the office of technology within the
department of finance and administration. The chief information
officer shall be appointed by and serve at the will and pleasure of
the governor. The chief information officer shall report to the
secretary of finance and administration. The chief information
officer shall have knowledge in the field of information
technology, experience in the design and management of information
systems and an understanding of the special demands upon government
with respect to budgetary constraints, the protection of privacy
interests and federal and state standards of accountability. The
information services and communications division of the department
of administration, heretofore created, is hereby transferred to and
incorporated within the office of technology within the department of finance and administration. The facilities and resources of the
office shall be available, subject to rules established by the
secretary, to the legislative, executive and judicial branches of
state government. The rules shall be promulgated in accordance
with the provisions of article three, chapter twenty-nine-a of this
code.
§5A-7-3. Definitions.
As used in this article:
(a) "Chief information officer" means the person holding the
position created in section two of this article and vested with
authority to set, direct and approve all information technology
policies standards, structure and expenditures and also to
establish, develop, improve, set and approve information technology
equipment functions for all state spending units on their
information systems that provide cost effectiveness and efficiency
to the individual state spending units and further the overall
management goals and purposes of government;
(b) "Director of operations" means the director of the
operations section of the office of technology providing mainframe,
computing and internet application development and maintenance, the
network and application hosting, data hosting, maintenance and
recovery, networking and infrastructure and training center
services and any other services created or deleted at the
discretion of the chief information officer within the office of technology;
(c) "Director of policy oversight" means the director of the
policy oversight section of the office of technology providing
strategic planning, security, compliance and disaster recovery
services and any other services created or deleted at the
discretion of the chief information officer within the office of
technology;
(d) "Director of process oversight" means the director of the
process oversight section of the office of technology providing
budgeting, project oversight, performance measurement and business
process reengineering services and any other services created or
deleted at the discretion of the chief information officer within
the office of technology;
(e) "Information systems" means computer-based information
equipment and related services designed for the automated
transmission, storage, manipulation and retrieval of data by
electronic or mechanical means;
(f) "Information technology" means data processing and
telecommunications hardware, software, services, supplies,
personnel, maintenance and training and includes the programs and
routines used to employ and control the capabilities of data
processing hardware;
(g) "Information technology equipment" means any equipment,
interconnected systems or subsystems of equipment the principal function of which is the automatic acquisition, storage,
manipulation, processing, interchange, transmission or reception of
data or information, including all computers with a human
interface; computer peripherals which will not operate unless
connected to a computer or network; voice, video and data networks;
and ancillary software, hardware and related resources;
(h) "Related services" include feasibility studies, systems
design, software development and time-sharing services whether
provided by state employees or others;
(i) "Office" means the office of technology within the
department of finance and administration and headed by the chief
information officer as established in section two hereof;
(j) "Secretary" means the secretary of the department of
finance and administration;
(k) "Telecommunications" means any transmission, emission or
reception of signs, signals, audio, writings, data, images, video
voice or sounds of intelligence of any nature by wire, radio or
other electromagnetic or optical systems. The term includes all
facilities and equipment performing those functions that are owned,
leased or used by the executive agencies of state government; and
(l) "Experimental program to stimulate competitive research"
(EPSCoR) means the West Virginia component of the national EPSCoR
program which is designed to improve the competitive research and
development position of selected states through investments in academic research laboratories and laboratory equipment. The
recognized West Virginia EPSCoR, which is part of the department of
finance and administration's office of technology, is the
responsible organization for the coordination and submission of
proposals to all federal agencies participating in the EPSCoR
program.
§5A-7-4. Powers and duties; telecommunications service;
professional staff.
(a) With respect to all state spending units, the office of
technology, at the direction of the chief information officer,
shall:
(1) Develop an organized approach to statewide information
resource management, including, but not limited to, information
systems, information technology and information technology
equipment;
(2) Direct the director of operations to provide technical
assistance to the administrators of the various state spending
units in the design and management of information systems;
(3) Direct the director of operations, the director of policy
oversight and director of process oversight to continually evaluate
the economic justification, system design and suitability of
information technology equipment and related services and review
and make recommendations to the chief information officer whether
to approve or deny the purchase, lease or acquisition of information equipment and contracts for related services by the
state spending units;
(4) Approve all expenditures for information systems,
information technology and information technology equipment.;
(5) Develop a mechanism for identifying those instances where
systems of paper forms should be replaced by direct use of
information technology equipment and those instances where
applicable state or federal standards of accountability demand
retention of some paper processes and implementing programs to
further these goals;
(6) Develop a mechanism for identifying those instances where
information systems should be linked, integrated and information
shared, while also providing appropriate limitations on access and
the security of information and implementing programs to further
these goals;
(7) Develop, research and implement new technologies to be
used in state government, convene and organize conferences and work
with other state agencies to develop incentive packages encouraging
the utilization of technology;
(8) Provide technical services and assistance to the various
state spending units with respect to developing and improving data
processing and telecommunications functions. The office shall
provide training and direct data processing services to the various
state agencies;
(9) Assess each state spending unit for the cost of any
evaluation performed by the operations, policy oversight and
process oversight sections of the division and any and all
services, training, data processing services and technical
assistance performed and provided by the office under the
provisions of this section, including, but not limited to, the
economic justification, system design and the suitability of
equipment and systems used by the state spending unit;
(10) Award grants, from funds available for that purpose, to
businesses that are exempt from income tax under section 501(c)(3)
or (4) of the United States Internal Revenue Code of 1986, as
amended, to further the purposes of this article; and
(11) Engage in any other activities as directed by the
secretary of finance and administration or by the governor.
(b) With respect to executive agencies and, where indicated,
to nonexecutive agencies, the chief information officer shall:
(1) Develop a unified and integrated structure for information
systems for all executive agencies and nonexecutive agencies;
(2) Establish, based on need and opportunity, priorities and
time lines for addressing the information systems and technology
requirements of the various executive agencies of state government;
(3) Exercise authority inherent to the chief executive of the
state as the governor may, by executive order, delegate to overrule
and supersede decisions made by the administrators of the various executive agencies of government with respect to the design and
management of information systems and approval of the purchase,
lease or acquisition of information systems, information technology
or information technology equipment and contracts for related
services;
(4) Draw upon staff of other executive agencies for advice and
assistance in the formulation and implementation of administrative
and operational plans and policies; and
(5) Recommend to the governor transfers of information
technology equipment, ownership of hardware, contracts, software
licenses and human resources from any executive or nonexecutive
agency and the most cost-effective and efficient uses of the fiscal
resources of executive agencies, to consolidate or centralize
information-processing operations.
(c) The chief information officer may employ:
(1) A director of operations;
(2) A director of policy oversight;
(3) A director of process oversight; and
(4) All other personnel necessary to carry out the work of the
office and may approve reimbursement of costs incurred by employees
to obtain education and training.
(d) All fees collected by the chief information officer shall
be deposited in a special account in the state treasury to be known
as the "Office of Technology Fund". Expenditures from the fund shall be made by the chief information officer for the purposes set
forth in this article and are not authorized from collections but
are to be made only in accordance with appropriation by the
Legislature and in accordance with the provisions of article three,
chapter twelve of this code and upon the fulfillment of the
provisions set forth in article two of this chapter. Amounts
collected which are found, from time to time, to exceed the funds
needed for purposes set forth in this article may be transferred to
other accounts or funds and redesignated for other purposes by
appropriation of the Legislature.
(e) The chief information officer shall report quarterly to
the joint committee on government and finance on all assessments
made pursuant to subsection (b) of this section.
(f) The chief information officer shall oversee the state's
unified telecommunications network and all telecommunications
service to the state and maintain the accounting system for such
system.
(g) On or before the first day of November, two thousand
three, the chief information officer shall develop a plan related
to the West Virginia network for educational telecomputing's
(WVNET) connection and relationship to the office.
§5A-7-5. Notice of procurements by state spending units required
to make purchases through the state purchasing
division.
Any state spending unit that is required to submit a request
to the state purchasing division prior to purchasing goods or
services shall notify the chief information officer, in writing, at
the same time it submits its request for proposal to the state
purchasing division, of any proposed purchase of goods or services
related to its information systems and telecommunication systems.
The notice shall contain a brief description of the goods and
services to be purchased.
§5A-7-6. Notice of procurements by state spending units exempted
from submitting purchases to the state purchasing
division.
(a) Any state spending unit that is not required to submit a
request for proposal to the state purchasing division prior to
purchasing goods or services shall notify the chief information
officer, in writing, of any proposed purchase of goods or services
related to its information or telecommunication systems. The
notice shall contain a detailed description of the goods and
services to be purchased. The state spending unit shall provide
the notice to the chief information officer a minimum of twenty
days prior to the time it requests bids on the provision of the
goods or services.
(b) If the chief information officer evaluates the suitability
of the information technology and telecommunication equipment and
related services under the provisions of section four of this article and determines that the goods or services to be purchased
are not suitable, he or she shall, within ten days of receiving the
notice from the state spending unit, notify the state spending
unit, in writing, of any recommendations he or she has regarding
the proposed purchase of the goods or services. If the state
spending unit receives a written notice from the chief information
officer within the time period required by this section, the state
spending unit shall not put the goods or services out for bid less
than thirty days following receipt of the notice from the chief
information officer.
§5A-7-7. Biannual report.
The chief information officer shall report biannually to the
legislative joint committee on government and finance on the
activities of the office of technology within the department of
finance and administration.
§5A-7-8. Exemptions.
The provisions of this article do not apply to the Legislature
or the judiciary.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH
OF STATE GOVERNMENT.
ARTICLE 1. GENERAL PROVISIONS.
§5F-1-2. Executive departments created; offices of secretary
created.
(a) There are created and continued, within the executive branch of the state government, the following departments:
(1) Department of finance and administration;
(2) Department of education and the arts;
(3) Department of environmental protection;
(4) Department of health and human resources;
(5) Department of military affairs and public safety; and
(6) Department of tax and revenue; and
(7) (6)Department of transportation.
(b) Each department will be headed by a secretary appointed by
the governor with the advice and consent of the Senate. Each
secretary serves at the will and pleasure of the governor.
(c) Effective the first day of July, two thousand two, the
department of tax and revenue and the agencies, offices, boards and
commissions within the department and the department of
administration and the agencies, offices, boards and commissions
within the department are transferred to the department of finance
and administration, pursuant to section two, article one, chapter
five-a of this code.
ARTICLE 3. THE COMMISSION ON REORGANIZATION AND THE LEGISLATIVE
OVERSIGHT COMMISSION ON REORGANIZATION.
§5F-3-1. Legislative findings.
(a) The Legislature finds that serving the needs of West
Virginia's citizens in the twenty-first century requires state
government to provide services in the most efficient and effective manner as possible and that to acquire this efficiency, state
government should periodically conduct a top to bottom review of
its operations, including the identification of essential services
and the elimination of redundant, ineffective services.
(b) The Legislature further finds that in order to achieve
these purposes, it is essential that a commission to reorganize
state government and an oversight commission to monitor and
coordinate actions needed for efficient reorganization be created
to effectuate the streamlining of state government.
§5F-3-2. Creation and membership of the commission on
reorganization.
(a) The commission on reorganization is hereby created to
conduct a comprehensive review of state government operations and
services.
(b) The commission is comprised of the following fifteen
members:
(1) Four state senators: the chair of the Senate committee on
government organization, the chair of the Senate committee on
finance or his or her designee and two senators who may not be
members of the same political party all to be appointed by the
president of the Senate by the tenth day of April, two thousand
three;
(2) Four state delegates: the chair of the House of Delegates
committee on government organization, the chair of the House of Delegates committee on finance or his or her designee, and two
delegates who may not be members of the political party all to be
appointed by the speaker of the House of Delegates by the tenth day
of April, two thousand three;
(3) Three department secretaries from the executive branch
appointed by the governor and the governor shall designate one
department secretary as chair of the commission by the tenth day of
April, two thousand three;
(4) Two citizen member representing the business community;
and
(5) Two citizen member not associated with the business
community.
(c) On or before the tenth day of April, two thousand three,
the governor shall appoint, with the consent of the Senate, the
four citizen members.
§5F-3-3. Commission on
reorganization's powers and duties.
The commission on reorganization has the following powers and
duties:
(a) Conduct a top to bottom review of all of West Virginia's
state government;
(b) Identify redundant and ineffective services;
(c) Streamline and consolidate state agencies and programs;
(d) Analyze technology to improve service delivery and reduce
costs;
(e) Use management tools to make state services more
efficient;
(f) Consult with experts on streamlining government;
(g) To employ any experts as needed; and
(h) Perform any other duties as will effectively make West
Virginia's state government more efficient and less costly.
§5F-3-4. Meetings of the commission on reorganization.
The commission on reorganization shall meet on or before the
first day of May, two thousand three, and thereafter on the call of
the chair or a majority of the commission members.
§5F-3-5. Staff for the commission on reorganization.
Staff support for the conduct of the commission on
reorganization's work shall be furnished by both the Legislature,
as approved by the legislative joint committee on government and
finance, and the governor.
§5F-3-6. Reports by the commission on reorganization.
The commission on reorganization shall make a preliminary
report to the governor and the legislative joint committee on
government and finance by the first day of September, two thousand
three. The commission on reorganization shall make a final report
and present drafts of recommended legislation to the governor and
to the legislative joint committee on government and finance by the
first day of December, two thousand three.
§5F-3-7. Termination of the commission on reorganization; creation of legislative oversight commission on reorganization.
The commission on reorganization shall terminate on the first
day of January, two thousand four. Effective the first day of
January, two thousand four, the legislative oversight commission on
reorganization is created with the same members as the commission
on reorganization.
§5F-3-8. Legislative oversight commission on reorganization's
powers and duties.
The legislative oversight commission on reorganization shall
have the following powers and duties:
(a) Oversee the implementation of the reorganization of West
Virginia's state government; and
(b) Make a continuing investigation, study and review of all
matters concerning the efficient operation of West Virginia's state
government.
§5F-3-9. Meetings of the legislative oversight commission on
reorganization.
The legislative oversight commission on reorganization shall
meet during the legislative interim period, commencing with the
interim meetings in April, two thousand four.
§5F-3-10. Staff for the
legislative oversight commission on
reorganization.
The necessary staff support for the conduct of the legislative
oversight commission on reorganization's work shall be furnished by the legislature, as approved by the joint committee on government
and finance.
§5F-3-11. Reports by the legislative oversight commission on
reorganization.
The legislative oversight commission on reorganization shall
annually report to the governor and the joint committee on
government and finance by the first day of December.
§5F-3-12. Compensation of members; expenses.
(a) The members of the commission on reorganization and the
legislative oversight commission on reorganization shall receive
compensation for attending official meetings or engaging in
official duties in an amount not to exceed the amount paid to
members of the Legislature for their interim duties as recommended
by the citizens legislative compensation commission and authorized
by law.
(b) The members of the commission on reorganization and the
legislative oversight commission on reorganization shall be
reimbursed for each day or portion thereof engaged in the discharge
of official duties in a manner consistent with guidelines of the
travel management office of the department of administration.
(c) The compensation and expenses of the members shall be paid
in the following manner:
(1) The legislative members shall be paid by the legislative
joint committee on government and finance; and
(2) All of the other members, and any consultants or experts
that are called by the commission, shall be paid by the governor.
§5F-3-13. Compensation of staff; expenses.
(a) The support staff for the commission on reorganization and
the legislative oversight commission on reorganization shall
receive compensation for attending official meetings or engaging in
official duties not to exceed the amount paid to members of the
Legislature for their interim duties as recommended by the citizens
legislative compensation commission and authorized by law.
(b) The support staff for the commission on reorganization and
the legislative oversight commission on reorganization shall be
reimbursed for each day or portion thereof engaged in the discharge
of official duties in a manner consistent with guidelines of the
travel management office of the department of administration.
(c) The compensation and expenses of the support staff shall
be paid in the following manner:
(1) The legislative support staff shall be paid by the
legislative joint committee on government and finance; and
(2) The governor's support staff shall be paid by the
governor.
§5F-3-14. Continuation of the legislative oversight commission on
reorganization.
Pursuant to the provisions of article ten, chapter four of
this code, the legislative oversight commission on reorganization shall continue to exist until the first day of July, two thousand
six, unless sooner terminated, continued or reestablished by act of
the Legislature.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2a. Terms of certain appointive state officers; appointment;
qualifications; powers and salaries of such officers
.
(a) 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 the appointive state
officers serves 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 the appointive state officers are subject to the existing
qualifications for holding each respective office and each has 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 office.
Prior to the first day of July, two thousand one, 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 named appointive state officer shall be
as follows:
Administrator, division of highways, ninety thousand dollars;
administrator, state tax division, sixty-five thousand dollars;
administrator, division of corrections, seventy-five thousand
dollars; administrator, division of natural resources, seventy
thousand dollars; superintendent, state police, seventy-five
thousand dollars; administrator, lottery division, seventy-five
thousand dollars; director, public employees insurance agency,
seventy-five thousand dollars; administrator, division of banking,
sixty thousand dollars; administrator, division of insurance, sixty
thousand dollars; administrator, division of culture and history,
fifty-five thousand dollars; administrator, alcohol beverage
control commission, seventy thousand dollars; administrator,
division of motor vehicles, seventy thousand dollars; director,
division of personnel, fifty-five thousand dollars; adjutant
general, seventy-five thousand dollars; chairman, health care
authority, seventy thousand dollars; members, health care
authority, sixty thousand dollars; director, human rights
commission, forty-five thousand dollars; administrator, division of
labor, sixty thousand dollars; administrator, division of veterans'
affairs, forty-five thousand dollars; administrator, division of
emergency services, forty-five thousand dollars; members, board of
parole, forty-five thousand dollars; members, employment security
review board, seventeen thousand dollars; members, workers'
compensation appeal board, seventeen thousand eight hundred
dollars; administrator, bureau of employment programs, seventy
thousand dollars; administrator, bureau of commerce, seventy thousand dollars; administrator, bureau of environment, seventy
thousand dollars; and director, office of miner's health, safety
and training, sixty-five thousand dollars. Secretaries of the
departments shall be paid an annual salary as follows: Health and
human resources, ninety thousand dollars; transportation, seventy-
five thousand dollars; tax and revenue, seventy-five thousand
dollars; military affairs and public safety, seventy-five thousand
dollars; administration, seventy-five thousand dollars; education
and the arts, seventy-five thousand dollars; and environmental
protection, seventy-five 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, two thousand two, each of the state
officers named in this subsection shall continue to receive the
annual salaries he or she was receiving as of the effective date of
the enactment of this section in two thousand two 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-five thousand dollars; director, division of rehabilitation
services, sixty thousand dollars; executive director, educational
broadcasting authority, sixty thousand dollars; secretary, library
commission, sixty-seven thousand dollars; director, geological and
economic survey, fifty-two thousand five hundred dollars; executive
director, prosecuting attorneys institute, sixty thousand dollars;
executive director, public defender services, sixty thousand dollars; commissioner, bureau of senior services, seventy thousand
dollars; director, state rail authority, fifty-five thousand
dollars; executive secretary, women's commission, thirty-one
thousand dollars; director, hospital finance authority, twenty-six
thousand dollars; member, racing commission, twelve thousand
dollars; chairman, public service commission, seventy thousand
dollars; and members, public service commission, seventy thousand
dollars.
(c) Beginning the first day of July, two thousand three, the
secretary of the department of finance and administration, who is
the successor to the secretary of administration and the secretary
of tax and revenue, which positions cease to exist on the first day
of July, two thousand three, shall be paid an annual salary of
ninety thousand dollars.
(c)(d) No increase in the salary of any appointive state
officer pursuant to this section shall be paid until and unless the
appointive state officer has 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 the form to the affected spending
units.