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Introduced Version House Bill 4076 History

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hb4076 intr
H. B. 4076


(By Delegate Cowles)
[Introduced January 17, 2008; referred to the
Committee on Finance.]




A BILL to amend and reenact §4-2A-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §4-2A-2a, §4-2A-6a and §4-2A-7a, all relating to the compensation and expenses of senators; increasing the basic compensation and expense reimbursement for members of the Senate; providing a schedule of payment for compensation; increasing the additional compensation of presiding officers, majority and minority leaders and specified committee chairs, as well as certain other members to be designated by the presiding officers ; increasing from four to six the number of other members that may be designated by the presiding officers to receive extra compensation and corresponding reimbursement of expenses; removing certain limits on the number of days for which extra compensation and expenses may be paid; and removing the requirement that to be compensated for additional days that the legislative business for which the member is to be compensated be performed in the Capitol.

Be it enacted by the Legislature of West Virginia:
That §4-2A-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto three new sections, designated §4-2A-2a, §4-2A-6a and §4-2A-7a, all to read as follows:
ARTICLE 2A. COMPENSATION FOR AND EXPENSES OF MEMBERS OF THE LEGISLATURE.
PART II. COMPENSATION.

§4-2A-2a. Basic compensation for State Senators; proration.
(a) Notwithstanding any other provisions of the code, beginning in the calendar year two thousand eight and for each calendar year after that, each member of the Senate shall receive as basic compensation for his or her services the sum of
twenty thousand dollars per calendar year, to be paid as provided in subsection (b) of this section. In addition to the basic compensation, members shall receive the additional compensations as are expressly provided in sections three, four and five of this article. All other increased amounts or new amounts in respect to the compensation or expenses of members of the Senate, set forth in the resolution of the Citizens Legislative Compensation Commission, dated the ninth day of January, two thousand seven, and implemented in sections two through eight of this article providing new amounts or amounts increased to new amounts greater than those in force and effect on the first day of January, two thousand six, become effective for calendar year two thousand eight and each calendar year after that.
(b) The basic compensation
is payable as follows:
(1) In two thousand nine:
(A) Fifteen thousand dollars total in the months of January, February and March, payable twice a month; and
(B) Six hundred twenty-five dollars in each of April, May, June, July, August, September, October and November, payable once a month;
(2) Beginning in two thousand eight, in all years except those described in subdivision (3) of this subsection:
(A) Five thousand dollars in each of January, February and March, payable twice a month; and
(B) Six hundred twenty-five dollars in each of April, May, June, July, August, September, October and November, payable once a month;
(3) In the year two thousand ten, and every fourth year after that:
(A) Five thousand dollars in each of February, March and April, payable twice a month; and
(B) Six hundred twenty-five dollars in each of January, May, June, July, August, September, October and November, payable once a month.
(c) In the event of the death, resignation or removal of a member of the Senate and the appointment and qualification of his or her successor,
the compensation provided in this section for the month in which the death, resignation or removal of the member of the Senate occurs shall be prorated between the original member and his or her successor on the basis of the number of days served, including Saturdays and Sundays in the month.
§4-2A-4. Additional compensation for President of Senate, Speaker of House of Delegates, majority leaders, minority leaders, certain committee chairs and selected members of both houses.

(a) In addition to the basic and additional compensation provided for in sections two and three of this article, the President of the Senate and the Speaker of the House of Delegates shall each receive additional compensation of:
(1) One hundred fifty dollars per day for each day actually served during any regular, extension of regular or extraordinary session as presiding officer, including Saturdays and Sundays; and
(2) One hundred fifty dollars per day up to a maximum of eighty days per calendar year for attending to legislative business in their offices in the capitol building when the Legislature is not in regular, extension of regular or extraordinary session and interim committees are not meeting.
(b) In addition to the basic and additional compensation provided for in sections two and three of this article, the majority leaders and minority leaders of the Senate and of the House of Delegates shall each receive additional compensation of twenty-five fifty dollars per day for each day actually served during any regular, extension of regular or during extraordinary session, including Saturdays and Sundays, as the selected legislative leaders of their respective political parties.
(c) The presiding officer and majority and minority leader compensation shall be paid, from time to time, during any such session or interim period, as the case may be, as may be prescribed by rules established by the Legislative Auditor.
(d) In addition to the basic and additional compensation provided for in sections two and three of this article, the chairpersons of the committees on finance and committees on the judiciary of the respective houses and up to four six additional persons from each house, to be named by the presiding officer, shall each receive an additional compensation of one hundred fifty dollars per day up to a maximum of thirty days for attending to legislative business in their offices in the capitol building when the Legislature is not in regular, extended or extraordinary session and interim committees are not meeting.
PART III. EXPENSES.

§4-2A-6a. Travel expenses.
(a) Notwithstanding any other provisions of the code, each member of the Senate is entitled to be reimbursed, upon submission of an expense voucher, for expenses incurred incident to travel in the performance of his or her duties as a member of the Senate or any committee of the Senate, whether the committee is operating under general law or resolution, including, but not limited to, attendance at party caucuses held in advance of the date of the assembly of the Senate in regular session in odd-numbered years for the purpose of selecting candidates for officers of the two houses, at a rate equal to that paid by the Travel Management Office of the Department of Administration for the most direct usually traveled route, if travel is by private automobile, or for actual transportation costs for direct route travel, if travel is by public carrier, or for any combination of those means of transportation actually used, plus the cost of necessary taxi or limousine service, tolls and parking fees in connection with the travel, but during any regular, extension of regular or extraordinary session, travel expenses shall not be paid to any member for more than one round trip to and from the seat of government and to and from his or her place of residence for each week of the session.
(b) In addition to the travel expense in subsection (a) of this section, the President of the Senate and the Speaker of the House of Delegates are entitled to be reimbursed as provided in subsection (a) of this section, upon submission of an expense voucher, for expenses incurred incident to travel
which is related to their duties as presiding officers of the respective houses of the Senate, but which takes place when the Senate is not in regular, extension of regular or extraordinary session and interim committees are not meeting.
(c) The rate paid for mileage pursuant to this section may change, from time to time, in accordance with changes in the reimbursement rates established by the Travel Management Office of the Department of Administration or its successor agency.
§4-2A-7a. Reimbursement for expenses incurred during any session or interim assignment.

(a) Notwithstanding any other provisions of the code, each member of the Senate who does not commute daily shall receive the sum of one hundred
thirty-one dollars per day as per diem allowance in connection with any regular, extended, extraordinary session, interim assignment or for any member authorized by the presiding officer. Any member of the Senate who does commute daily shall receive the sum of fifty-five dollars per day as the per diem allowance and, in addition to the allowance, shall be reimbursed for overnight commuting expenses at the mileage rate equal to the amount paid by the Travel Management Office of the Department of Administration for the most direct usually traveled route, if travel is by private automobile, or for actual transportation costs for direct route travel, if travel is by public carrier, or for any combination of the means of transportation actually used, plus the costs of necessary taxi or limousine service, tolls and parking fees in connection with the travel: Provided, That the total of this per diem allowance plus travel expense for a daily commuting member may not exceed one hundred thirty-one dollars per day. The amount for mileage paid pursuant to this subsection may change, from time to time, in accordance with changes in the level of reimbursement by the Travel Management Office.
(b) The President of the Senate and the Speaker of the House of Delegates, the Chairman of the House Committee on Finance, the Chairman of the Senate Committee on Finance, the Chairman of the House Committee on the Judiciary, the Chairman of the Senate Committee on the Judiciary and up to
six additional persons from each house designated by the presiding officer pursuant to section four of this article shall be reimbursed for travel at the rate established in subsection (a) of this section and shall further receive the per diem allowance established in the subsection in connection with their visits to the Capitol for business which is related to their duties as officers at the times when the Senate is not in regular, extended or extraordinary session and interim committees are not meeting.


NOTE: The purpose of this bill goes to the compensation and expenses of legislators;
increasing the basic compensation and expense reimbursement for members of the Senate; providing a schedule of payment for compensation; increasing the additional compensation of presiding officers, majority and minority leaders and specified committee chairs, as well as certain other members to be designated by the presiding officers ; increasing from four to six the number of other members that may be designated by the presiding officers to receive extra compensation and corresponding reimbursement of expenses; removing certain limits on the number of days for which extra compensation and expenses may be paid; and removing the requirement that to be compensated for additional days that the legislative business for which the member is to be compensated be performed in the Capitol.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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