Senate Bill No. 673
(By Senators Laird, Oliverio, Jenkins, Kessler and Yost)
____________
[Introduced February 22, 2010; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
____________
A BILL to amend and reenact §7-7-4 of the Code of West Virginia,
1931, as amended; and to amend and reenact §11A-1-17 of said
code, all relating to raising sheriffs' salaries; and
eliminating commissions based on collection of taxes.
Be it enacted by the Legislature of West Virginia:
That §7-7-4 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; and that §11A-1-17 of said code be amended
and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
§7-7-4. Compensation of elected county officials and county
commissioners for each class of county; effective
date.
(a) (1) All county commissioners shall be paid compensation
out of the county treasury in amounts and according to the schedule set forth in subdivision (2) of this subsection for each class of
county as determined by the provisions of section three of this
article:
Provided, That as to any county having a tribunal in lieu
of a county commission, the county commissioners of the county may
be paid less than the minimum compensation limits of the county
commission for the particular class of such county.
(2)
COUNTY COMMISSIONERS
Class I
$20,000
Class II
$15,500
Class III
$14,000
Class IV
$10,000
Class V
$ 7,000
Class VI
$ 4,000
(3) The compensation, set out in subdivision (2) of this
subsection, shall be paid on and after January 1, 1985, to each
county commissioner. Within each county, every county commissioner
whose term of office commenced prior to January 1, 1985, shall
receive the same annual compensation as commissioners commencing a
term of office on or after that date by virtue of the new duties
imposed upon county commissioners pursuant to the provisions of
chapter fifteen, acts of the Legislature, first extraordinary
session, 1983.
(4) For the purpose of determining the compensation to be paid to the elected county officials of each county, the compensations
for each office by class, set out in subdivision (5) of this
subsection, are established and shall be used by each county
commission in determining the compensation of each of their county
officials other than compensation of members of the county
commission.
(5)
OTHER ELECTED OFFICIALS
County
Circuit Prosecuting
Sheriff
Clerk Clerkassessor Attorney
Class I
$24,200$31,300$31,300$24,200$41,500
Class II
$24,200$28,000$28,000$24,200$39,500
Class III
$24,200$28,000$28,000$24,200$30,000
Class IV
$22,300$24,000$24,000$22,300$26,500
Class V$20,400
$22,000$22,000$20,400$23,500
Class VI
$17,200$17,200$17,200$17,200$17,000
(6) Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor, sheriff and
prosecuting attorney of a Class I county, any assessor of a Class
II and Class III county, any sheriff of a Class II and Class III
county and any prosecuting attorney of a Class II county shall
devote full-time to his or her public duties to the exclusion of
any other employment:
Provided, That any public official, whose
term of office begins when his or her county's classification
imposes no restriction on his or her outside activities, shall not be restricted on his or her outside activities during the remainder
of the term for which he or she is elected. The compensation, set
out in subdivision (5) of this subsection, shall be paid on and
after January 1, 1985, to each elected county official.
(7) In the case of a county that has a joint clerk of the
county commission and circuit court, the compensation of the joint
clerk shall be fixed in an amount twenty-five percent higher than
the compensation would be fixed for the county clerk if it had
separate offices of county clerk and circuit clerk.
(8) The Legislature finds that the duties imposed upon county
clerks by the provisions of chapter sixty-four, Acts of the
Legislature, regular session, 1982, and by chapter fifteen, Acts of
the Legislature, first extraordinary session, 1983, constitute new
and additional duties for county clerks and as such justify the
additional compensation provided in this section without violating
the provisions of section thirty-eight, article VI of the
Constitution of West Virginia.
(9) The Legislature further finds that the duties imposed upon
circuit clerks by the provisions of chapters sixty-one and one
hundred eighty-two, Acts of the Legislature, 1981 regular session,
and by chapter sixty, Acts of the Legislature, 1983 regular
session, constitute new and additional duties for circuit clerks
and as such justify the additional compensation provided by this
section without violating the provisions of section thirty-eight,
article VI of the Constitution of West Virginia.
(b) (1) Prior to the primary election in the year 1992, and
for the fiscal year beginning on July 1, 1992, or for any
subsequent fiscal year if the approval, set out in subdivision (2)
of this subsection, is not granted for any fiscal year, and at
least thirty days prior to the meeting to approve the county
budget, the commission shall provide notice to the public of the
date and time of the meeting and that the purpose of the meeting of
the county commission is to decide upon their budget certification
to the Auditor.
(2) Upon submission by the county commission to the Auditor of
a proposed annual budget which contains anticipated receipts into
the county's General Revenue Fund, less anticipated moneys from the
unencumbered fund balance, equal to anticipated receipts into the
county's General Revenue Fund, less anticipated moneys from the
unencumbered fund balance and any federal or state special grants,
for the immediately preceding fiscal year, plus such additional
amount as is necessary for payment of the increases in the salaries
set out in subdivisions (3) and (5) of this subsection, and related
employment taxes over that paid for the immediately preceding
fiscal year, and upon approval thereof by the auditor, which
approval shall not be granted for any proposed annual budget
containing anticipated receipts which are unreasonably greater or
lesser than that of the immediately preceding fiscal year, for the
purpose of determining the compensation to be paid to the elected
county officials of each county office by class are established and shall be used by each county commission in determining the
compensation of each of their county officials:
Provided, That as
to any county having a tribunal in lieu of a county commission, the
county commissioners of the county may be paid less than the
minimum compensation limits of the county commission for the
particular class of the county.
(3)
COUNTY COMMISSIONERS
Class I
$24,000
Class II
$18,600
Class III
$16,800
Class IV
$12,000
Class V
$ 8,400
(4) If the approval, set out in subdivision (2) of this
subsection, is granted, the compensation, set out in subdivision
(3) of this subsection, shall be paid on and after January 1, 1993,
to each county commissioner. Within each county, every county
commissioner shall receive the same annual compensation by virtue
of the new duties imposed upon county commissioners pursuant to the
provisions of chapter one hundred seventy-two, Acts of the
Legislature, second regular session, 1990 and chapter five, Acts of
the Legislature, third extraordinary session, 1990.
(5)
OTHER ELECTED OFFICIALS
County
Circuit Prosecuting
Sheriff
Clerk ClerkassessorAttorney
Class I
$29,040$37,560$37,560$29,040$59,500
Class II
$29,040$33,600$33,600$29,040$59,500
Class III
$29,040$33,600$33,600$29,040$36,000
Class IV
$26,760$28,800$28,800$26,760$31,800
Class V
$24,480$26,400$26,400$24,480$28,200
Class VI
$24,480$26,400$26,400$24,480$28,200
(6) Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor, sheriff and
prosecuting attorney of a Class I county, any assessor of a Class
II and Class III county, any sheriff of a Class II and Class III
county and any prosecuting attorney of a Class II county shall
devote full-time to his or her public duties to the exclusion of
any other employment:
Provided, That any public official, whose
term of office begins when his or her county's classification
imposes no restriction on his or her outside activities, shall not
be restricted on his or her outside activities during the remainder
of the term for which he or she is elected. If the approval, set
out in subdivision (2) of this subsection, is granted, the
compensation, set out in subdivision (5) of this subsection, shall
be paid on and after January 1, 1993, to each elected county
official.
(7) In the case of a county that has a joint clerk of the
county commission and circuit court, the compensation of the joint
clerk shall be fixed in an amount twenty-five percent higher than the compensation would be fixed for the county clerk if it had
separate offices of county clerk and circuit clerk.
(8) Prior to the primary election in the year 1992, in the
case of a Class III, Class IV or Class V county which has a part-
time prosecuting attorney, the county commission may find that such
facts and circumstances exist that require the prosecuting attorney
to devote full-time to his or her public duties for the four-year
term, beginning January 1, 1993. If the county commission makes
such a finding, it may by proper order adopted and entered, require
the prosecuting attorney who takes office on January 1, 1993, to
devote full-time to his or her public duties and the county
commission shall then compensate said prosecuting attorney at the
same rate of compensation as that of a prosecuting attorney in a
Class II county.
(9) For any county: (A) Which on and after July 1, 1994, is
classified as a Class II county; and (B) which prior to such date
was classified as a Class III, Class IV or Class V county and
maintained a part-time prosecuting attorney, the county commission
may elect to maintain the prosecuting attorney as a part-time
prosecuting attorney:
Provided, That prior to January 1, 1996, the
county commission shall make a finding, by proper order and
entered, whether to maintain a full-time or part-time prosecuting
attorney. The part-time prosecuting attorney shall be compensated
at the same rate of compensation as that of a prosecuting attorney
in the class for the county prior to being classified as a Class II county.
(c) (1) Prior to the primary election in the year 1996, and
for the fiscal year beginning on July 1, 1996, or for any
subsequent fiscal year if the approval, set out in subdivision (2)
of this subsection, is not granted for any fiscal year, and at
least thirty days prior to the meeting to approve the county
budget, the commission shall provide notice to the public of the
date and time of the meeting and that the purpose of the meeting of
the county commission is to decide upon their budget certification
to the Auditor.
(2) Upon submission by the county commission to the Auditor of
a proposed annual budget which contains anticipated receipts into
the county's General Revenue Fund, less anticipated moneys from the
unencumbered fund balance, equal to anticipated receipts into the
county's General Revenue Fund, less anticipated moneys from the
unencumbered fund balance and any federal or state special grants,
for the fiscal year beginning July 1, 1996, plus such additional
amount as is necessary for payment of the increases in the salaries
set out in subdivisions (3) and (6) of this subsection, and related
employment taxes over that paid for the immediately preceding
fiscal year, and upon approval thereof by the auditor, which
approval shall not be granted for any proposed annual budget
containing anticipated receipts which are unreasonably greater or
lesser than that of the immediately preceding fiscal year for the
purpose of determining the compensation to be paid to the elected county officials of each county office by class are established and
shall be used by each county commission in determining whether
county revenues are sufficient to pay the compensation mandated
herein for their county officials:
Provided, That as to any county
having a tribunal in lieu of a county commission, the county
commissioners of the county may be paid less than the minimum
compensation limits of the county commission for the particular
class of the county:
Provided, however, That should there be an
insufficient projected increase in revenues to pay the increased
compensation and related employment taxes, then the compensation of
that county's elected officials shall remain at the level in effect
at the time certification was sought.
(3)
COUNTY COMMISSIONERS
Class I$28,000
Class II$27,500
Class III$27,000
Class IV$26,500
Class V$26,000
Class VI$21,500
Class VII$21,000
Class VIII$19,000
Class IX$18,500
Class X$15,000
(4) The compensation, set out in subdivision (3) of this subsection, shall be paid on and after January 1, 1997, to each
county commissioner. Every county commissioner in each county,
whose term of office commenced prior to or on or after January 1,
1997, shall receive the same annual compensation by virtue of
legislative findings of extra duties as set forth in section one of
this article.
(5) For the purpose of determining the compensation to be paid
to the elected county officials of each county, the compensations
for each county office by class, set out in subdivision (6) of this
subsection, are established and shall be used by each county
commission in determining the compensation of each of their county
officials other than compensation of members of the county
commission.
(6)
OTHER ELECTED OFFICIALS
CountyCircuit
Prosecuting
Sheriff Clerk ClerkassessorAttorney
Class I$34,000$42,000$42,000$34,000$76,000
Class II$33,500$41,500$41,500$33,500$74,000
Class III$33,250$40,500$40,500$33,250$72,000
Class IV$33,000$40,250$40,250$33,000$70,000
Class V$32,750$40,000$40,000$32,750$68,000
Class VI$32,500$37,500$37,500$32,500$45,000
Class VII$32,250$37,000$37,000$32,250$43,000
Class VIII$32,000$36,500$36,500$32,000$41,000
Class IX$31,750$36,000$36,000$31,750$38,000
Class X$29,000$32,000$32,000$29,000$35,000
(7) The compensation, set out in subdivision (6) of this
subsection, shall be paid on and after January 1, 1997, to each
elected county official. Any county clerk, circuit clerk, joint
clerk of the county commission and circuit court, if any, county
assessor or sheriff of a Class I through Class V county, inclusive,
any assessor or any sheriff of a Class VI through Class IX county,
inclusive, shall devote full-time to his or her public duties to
the exclusion of any other employment:
Provided, That any public
official, whose term of office begins when his or her county's
classification imposes no restriction on his or her outside
activities, shall not be restricted on his or her outside
activities during the remainder of the term for which he or she is
elected.
(8) In the case of a county that has a joint clerk of the
county commission and circuit court, the compensation of the joint
clerk shall be fixed in an amount twenty-five percent higher than
the compensation would be fixed for the county clerk if it had
separate offices of county clerk and circuit clerk.
(9) Any prosecuting attorney of a Class I through Class V
county, inclusive, shall devote full-time to his or her public
duties to the exclusion of any other employment:
Provided, That
any county which under the prior provisions of this section was
classified as a Class II county and elected to maintain a part-time prosecutor may continue to maintain a part-time prosecutor, until
such time as the county commission, on request of the part-time
prosecutor, approves and makes a finding, by proper order entered,
that the prosecuting attorney shall devote full-time to his or her
public duties. The county commission shall then compensate said
prosecuting attorney at the same rate of compensation as that of a
prosecuting attorney in a Class V county:
Provided, however, That
any county which under the prior provisions of this section was
classified as a Class II county and which did not elect to maintain
a part-time prosecutor shall maintain a full-time prosecuting
attorney and shall compensate said prosecuting attorney at the same
rate of compensation as that of a prosecuting attorney in a Class
V county:
Provided further, That, until January 1, 2001, when a
vacancy occurs in the office of prosecuting attorney prior to the
end of a term, the county commission of a Class IV or Class V
county may elect to allow the position to become part-time for the
end of that term, and thereafter the position of prosecuting
attorney shall become full-time.
(d) (1) The increased salaries to be paid to the county
commissioners and the other elected county officials described in
this subsection on and after July 1, 2002, are set out in
subdivisions (5) and (7) of this subsection. Every county
commissioner and elected county official in each county, whose term
of office commenced prior to or on or after July 1, 2002, shall
receive the same annual salary by virtue of legislative findings of extra duties as set forth in section one of this article.
(2) Before the increased salaries, as set out in subdivisions
(5) and (7) of this subsection, are paid to the county
commissioners and the elected county officials, the following
requirements must be met:
(A) The Auditor has certified that the proposed annual county
budget for the fiscal year beginning the first days of July, 2002,
has increased over the previous fiscal year in an amount sufficient
for the payment of the increase in the salaries, set out in
subdivisions (5) and (7) of this subsection, and the related
employment taxes:
Provided, That the auditor may not approve the
budget certification for any proposed annual county budget
containing anticipated receipts which are unreasonably greater or
lesser than that of the previous year. For purposes of this
subdivision, the term "receipts" does not include unencumbered fund
balance or federal or state grants; and
(B) Each county commissioner or other elected official
described in this subsection in office on the effective date of the
increased salaries provided by this subsection who desires to
receive the increased salary has prior to that date filed in the
office of the clerk of the county commission his or her written
agreement to accept the salary increase. The salary for the person
who holds the office of county commissioner or other elected
official described in this subsection who fails to file the written
agreement as required by this paragraph shall be the salary for that office in effect immediately prior to the effective date of
the increased salaries provided by this subsection until the person
vacates the office or his or her term of office expires, whichever
first occurs.
(3) If there is an insufficient projected increase in revenues
to pay the increased salaries and the related employment taxes,
then the salaries of that county's elected officials and
commissioners shall remain at the level in effect at the time
certification was sought.
(4) In any county having a tribunal in lieu of a county
commission, the county commissioners of that county may be paid
less than the minimum salary limits of the county commission for
that particular class of the county.
(5)
COUNTY COMMISSIONERS
Class I
$30,800
Class II
$30,250
Class III
$29,700
Class IV
$29,150
Class V
$28,600
Class VI
$23,650
Class VII$23,100
Class VIII$20,900
Class IX
$20,350
Class X
$16,500
(6) For the purpose of determining the salaries to be paid to
the elected county officials of each county, the salaries for each
county office by class, set out in subdivision (7) of this
subsection, are established and shall be used by each county
commission in determining the salaries of each of their county
officials other than salaries of members of the county commission.
(7)
OTHER ELECTED OFFICIALS
County
CircuitProsecuting
Sheriff
Clerk Clerkassessor Attorney
Class I
$37,400$46,200$46,200$37,400$83,600
Class II
$36,850$45,650$45,650$36,850$81,400
Class III
$36,575$44,550$44,550$36,575$79,200
Class IV
$36,300$44,295$44,295$36,300$77,000
Class V
$36,025$44,000$44,000$36,025$74,800
Class VI
$35,750$41,250$41,250$35,750$49,500
Class VII
$35,475$40,700$40,700$35,475$47,300
Class VIII
$35,200$40,150$40,150$35,200$45,100
Class IX
$34,925$39,600$39,600$34,925$41,800
Class X
$31,900$35,200$35,200$31,900$38,500
(8) Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor or sheriff of
a Class I through Class V county, inclusive, any assessor or any
sheriff of a Class VI through Class IX county, inclusive, shall
devote full-time to his or her public duties to the exclusion of any other employment:
Provided, That any public official, whose
term of office begins when his or her county's classification
imposes no restriction on his or her outside activities, may not be
restricted on his or her outside activities during the remainder of
the term for which he or she is elected.
(9) In the case of a county that has a joint clerk of the
county commission and circuit court, the salary of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
salary would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
(10) Any prosecuting attorney of a Class I through Class V
county, inclusive, shall devote full-time to his or her public
duties to the exclusion of any other employment:
Provided, That
any county which under the prior provisions of this section was
classified as a Class II county and elected to maintain a part-time
prosecutor may continue to maintain a part-time prosecutor, until
such time as the county commission, on request of the part-time
prosecutor, approves and makes a finding, by proper order entered,
that the prosecuting attorney shall devote full-time to his or her
public duties. The county commission shall then compensate said
prosecutor at the same salary as that of a prosecuting attorney in
a Class V county:
Provided, however, That any county which under
the prior provisions of this section was classified as a Class II
county and which did not elect to maintain a part-time prosecutor
shall maintain a full-time prosecuting attorney and shall compensate said prosecuting attorney at the same salary as that of
a prosecuting attorney in a Class V county:
Provided further,
That, until January 1, 2003, when a vacancy occurs in the office of
prosecuting attorney prior to the end of a term, the county
commission of a Class IV or Class V county may elect to allow the
position to become part-time for the end of that term and
thereafter the position of prosecuting attorney shall become full-
time:
And provided further, That a prosecuting attorney for a
Class VI county which subsequently becomes a Class V county on or
before July 1, 2010, may continue as a part-time attorney, and
continue to be compensated at the Class VI county level, until such
time as determined by the prosecuting attorney and the county
commission that a full-time prosecuting attorney is needed.
(e) (1) The increased salaries to be paid to the county
commissioners and the other elected county officials described in
this subsection on and after July 1, 2006, are set out in
subdivisions (5) and (7) of this subsection. Every county
commissioner and elected county official in each county, whose term
of office commenced prior to or on or after July 1, 2006, shall
receive the same annual salary by virtue of legislative findings of
extra duties as set forth in section one of this article.
(2) Before the increased salaries, as set out in subdivisions
(5) and (7) of this subsection, are paid to the county
commissioners and the elected county officials, the following
requirements must be met:
(A) The Auditor has certified that the proposed annual county
budget for the fiscal year beginning the first days of July, 2006,
has increased over the previous fiscal year in an amount sufficient
for the payment of the increase in the salaries, set out in
subdivisions (5) and (7) of this subsection, and the related
employment taxes:
Provided, That the auditor may not approve the
budget certification for any proposed annual county budget
containing anticipated receipts which are unreasonably greater or
lesser than that of the previous year. For purposes of this
subdivision, the term "receipts" does not include unencumbered fund
balance or federal or state grants; and
(B) Each county commissioner or other elected official
described in this subsection in office on the effective date of the
increased salaries provided by this subsection who desires to
receive the increased salary has prior to that date filed in the
office of the clerk of the county commission his or her written
agreement to accept the salary increase. The salary for the person
who holds the office of county commissioner or other elected
official described in this subsection who fails to file the written
agreement as required by this paragraph shall be the salary for
that office in effect immediately prior to the effective date of
the increased salaries provided by this subsection until the person
vacates the office or his or her term of office expires, whichever
first occurs.
(3) If there is an insufficient projected increase in revenues to pay the increased salaries and the related employment taxes,
then the salaries of that county's elected officials and
commissioners shall remain at the level in effect at the time
certification was sought.
(4) In any county having a tribunal in lieu of a county
commission, the county commissioners of that county may be paid
less than the minimum salary limits of the county commission for
that particular class of the county.
(5)
COUNTY COMMISSIONERS
Class I
$36,960
Class II
$36,300
Class III
$35,640
Class IV
$34,980
Class V
$34,320
Class VI
$28,380
Class VII$27,720
Class VIII$25,080
Class IX
$24,420
Class X
$19,800
(6) For the purpose of determining the salaries to be paid to
the elected county officials of each county, the salaries for each
county office by class, set out in subdivision (7) of this
subsection, are established
as minimum salaries and shall be used
by each county commission in
conjunction with other relevant information such as the salaries of other full-time county deputies
and employees and the salaries paid to part-time employees and
elected officials when determining the salaries of each of their
county officials other than salaries of members of the county
commission.
(7)
OTHER ELECTED OFFICIALS
|
|
|
Sheriff
|
County
Clerk
|
Circuit
Clerk
|
assessor
|
Prosecuting
Attorney
|
Class I
|
$44,880
|
$59,880
|
$55,440
|
$55,440
|
$44,880
|
$ 96,600
|
Class II
|
$44,220
|
$59,220
|
$54,780
|
$54,780
|
$44,220
|
$ 94,400
|
Class III
|
$43,890
|
$58,890
|
$53,460
|
$53,460
|
$43,890
|
$ 92,200
|
Class IV
|
$43,560
|
$58,560
|
$53,154
|
$53,154
|
$43,560
|
$ 90,000
|
Class V
|
$43,230
|
$58,230
|
$52,800
|
$52,800
|
$43,230
|
$ 87,800
|
Class VI
|
$42,900
|
$57,900
|
$49,500
|
$49,500
|
$42,900
|
$ 59,400
|
Class VII
|
$42,570
|
$57,570
|
$48,840
|
$48,840
|
$42,570
|
$ 56,760
|
Class VIII
|
$42,240
|
$57,240
|
$48,180
|
$48,180
|
$42,240
|
$ 54,120
|
Class IX
|
$41,910
|
$56,910
|
$47,520
|
$47,520
|
$41,910
|
$ 50,160
|
Class X
|
$38,280
|
$53,280
|
$42,240
|
$42,240
|
$38,280
|
$ 46,200
|
(8) Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor or sheriff of
a Class I through Class V county, inclusive, any assessor or any
sheriff of a Class VI through Class IX county, inclusive, shall
devote full-time to his or her public duties to the exclusion of
any other employment: Provided, That any public official, whose
term of office begins when his or her county's classification imposes no restriction on his or her outside activities, may not be
restricted on his or her outside activities during the remainder of
the term for which he or she is elected.
(9) In the case of a county that has a joint clerk of the
county commission and circuit court, the salary of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
salary would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
(10) Any prosecuting attorney of a Class I through Class V
county, inclusive, shall devote full-time to his or her public
duties to the exclusion of any other employment: Provided, That
any county which under the prior provisions of this section was
classified as a Class II county and elected to maintain a part-time
prosecutor may continue to maintain a part-time prosecutor, until
such time as the county commission, on request of the part-time
prosecutor, approves and makes a finding, by proper order entered,
that the prosecuting attorney shall devote full-time to his or her
public duties. The county commission shall then compensate said
prosecutor at the same salary as that of a prosecuting attorney in
a Class V county: Provided, however, That any county which under
the prior provisions of this section was classified as a Class II
county and which did not elect to maintain a part-time prosecutor
shall maintain a full-time prosecuting attorney and shall
compensate said prosecuting attorney at the same salary as that of
a prosecuting attorney in a Class V county: Provided further, That a prosecuting attorney for a Class VI county which
subsequently becomes a Class V county on or before July 1, 2010,
may continue as a part-time attorney, and continue to be
compensated at the Class VI county level, until such time as
determined by the prosecuting attorney and the county commission
that a full-time prosecuting attorney is needed.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
ARTICLE 1. ACCRUAL AND COLLECTION OF TAXES.
§11A-1-17. Sheriff's commission for collection.
On and after July 1, 2010 the commission provided in this
section shall be deemed to be part of the sheriff's yearly salary.
The treatment of a sheriff's duties under this section as part of
their yearly salary, instead of a commission, shall not be a basis
to reduce any sheriff's salary below that of the sheriff's total
combined annual compensation earned for prior years under the
commission system.
NOTE: The purpose of this bill is to increase sheriff's pay
and eliminate a sheriff's commission based on collection of taxes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§11A-1-17 has been completely rewritten; therefore, strike-
throughs and underscoring have been omitted.