Introduced Version
House Bill 2887 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2887
(By Delegates Perry, L. Phillips, Westfall, Morgan,
Longstreth, Caputo, Lynch, Skinner, Stowers, Romine and Craig)
[Introduced March 8, 2013; referred to the
Committee on Finance.]
A BILL to amend and reenact §7-7-1 and §7-7-4 of the Code of West
Virginia, 1931, as amended, all relating to compensation of
elected county officials and county commissioners for each
class of county; legislative findings; and authorizing
increasing this compensation after July 1, 2013.
Be it enacted by the Legislature of West Virginia:
That §7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
§7-7-1. Legislative findings and purpose.
(a) The Legislature finds that it has, since January 1, 2003
2007, consistently and annually imposed upon the county
commissioners, sheriffs, county and circuit clerks, assessors and
prosecuting attorneys in each county board, new and additional
duties by the enactment of new provisions and amendments to this
code. The new and additional duties imposed upon the aforesaid county officials by these enactments are such that they would
justify the increases in compensation as provided in section four
of this article, without violating the provisions of section
thirty-eight, article VI of the Constitution of West Virginia.
(b) The Legislature further finds that there are, from time to
time, additional duties imposed upon all county officials through
the acts of the Congress of the United States and that such acts
constitute new and additional duties for county officials and, as
such, justify the increases in compensation as provided by section
four of this article, without violating the provisions of section
thirty-eight, article VI of the Constitution of West Virginia.
(c) The Legislature further finds that there is a direct
correlation between the total assessed property valuations of a
county on which the salary levels of the county commissioners,
sheriffs, county and circuit clerks, assessors and prosecuting
attorneys are based, and the new and additional duties that each of
these officials is required to perform as they serve the best
interests of their respective counties. Inasmuch as the
reappraisal of the property valuations in each county has now been
accomplished, the Legislature finds that a change in classification
of counties by virtue of increased property valuations will occur
on an infrequent basis. However, it is the further finding of the
Legislature that when such change in classification of counties
does occur, that new and additional programs, economic developments, requirements of public safety and the need for new
services provided by county officials all increase, that the same
constitute new and additional duties for county officials as their
respective counties reach greater heights of economic development,
as exemplified by the substantial increases in property valuations
and, as such, justify the increases in compensation provided in
section four of this article, without violating the provisions of
section thirty-eight, article VI of the Constitution of West
Virginia.
(d) The Legislature further finds and declares that the
amendments enacted to this article are intended to modify the
provisions of this article so as to cause the same to be in full
compliance with the provisions of the Constitution of West Virginia
and to be in full compliance with the decisions of the Supreme
Court of Appeals of West Virginia.
§7-7-4. Compensation of elected county officials and county
commissioners for each class of county; effective
date.
(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 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
CountyCircuit Prosecuting
SheriffClerkClerk assessorAttorney
Class I$44,880 $55,440 $55,440 $44,880$ 96,600
Class II$44,220$54,780 $54,780 $44,220 $ 94,400
Class III$43,890$53,460$53,460 $43,890 $ 92,200
Class IV$43,560$53,154 $53,154 $43,560 $ 90,000
Class V$43,230$52,800 $52,800 $43,230 $ 87,800
Class VI$42,900$49,500 $49,500 $42,900 $ 59,400
Class VII$42,570$48,840 $48,840 $42,570 $ 56,760
Class VIII$42,240$48,180 $48,180 $42,240 $ 54,120
Class IX$41,910$47,520 $47,520 $41,910 $ 50,160
Class X$38,280$42,240 $42,240 $38,280 $ 46,200
(8) Any county clerk, circuit clerk, 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, any prosecuting attorney who is designated full-time,
shall devote full-time to his or her public duties to the exclusion
of any other employment
other than part-time employment that does
not create a conflict of interest for the official
: 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) Effective July 1, 2013, the increased salaries to be paid
to the county commissioners and the other elected county officials
described in this subsection are set out in subdivisions (13) and
(15) 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, 2013, shall receive the same annual
salary by virtue of legislative findings of extra duties as set
forth in section one of this article.
__(10) Before the increased salaries, as set out in subdivisions
(13) and (15) 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 July 1, 2013, has increased
over the previous fiscal year in an amount sufficient for the
payment of the increase in the salaries, set out in subdivisions
(13) and (15) 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.
__(11) 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.
__(12) 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.
__(13)COUNTY COMMISSIONERS
______________________Class I$46,960
______________________Class II$46,300
______________________Class III$45,640
______________________Class IV$44,980
______________________Class V$44,320
______________________Class VI$38,380
Class VII$37,720
____________________Class VIII$35,080
______________________Class IX$34,420
______________________Class X$29,800
__(14) 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 (15) 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.
__(15)OTHER ELECTED OFFICIALS
_________________________CountyCircuit___Prosecuting
_____SheriffClerkClerk_____AssessorAttorney
Class I$57,880___$70,440___$70,440___$54,880$ 108,600
Class II$57,220$69,780___$69,780___$54,220____$ 106,400
Class III$56,890$68,460$68,460___$53,890____$ 104,200
Class IV$56,560$68,154___$68,154___$53,560____$ 102,000
Class V$56,230$67,800___$67,800___$53,230____$ 99,800
Class VI$55,900$64,500___$64,500___$52,900____$ 71,400
Class VII$55,570$63,840___$63,840___$52,570____$ 68,760
Class VIII$55,240$63,180___$63,180___$52,240____$ 66,120
Class IX$54,910$62,520___$62,520___$51,910____$ 62,160
Class X$51,280$57,240___$57,240___$48,280____$ 58,200
__(16) Any county clerk, circuit clerk, 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, any prosecuting attorney who is designated as full-time
shall devote full-time to his or her public duties to the exclusion
of any other employment other than part-time employment that does
not create a conflict of interest for the official
: 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.
NOTE: The purpose of this bill is to authorize an increase in
compensation, after July 1, 2013, of elected county officials and
county commissioners for each class of county.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.