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Introduced Version Senate Bill 531 History

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sb531 intr
Senate Bill No. 531

(By Senators Kirkendoll, Cann, D. Hall, Tucker, Chafin and Fitzsimmons)

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         [Introduced March 14, 2013; referred to the Committee on Government Organization; and then to the Committee on Finance           .]             

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A BILL to amend and reenact §7-7-4 of the Code of West Virginia, 1931, as amended, relating to providing county commissioners an ongoing mechanism to consider compensation increases for elected officials every two years.
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 to read as follows:
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.
  (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 day 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 a 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 is 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 a 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 A county clerk, circuit clerk, county assessor or sheriff of a Class I through Class V county, inclusive, any
and an assessor or any a 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 A public official, however, 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) On March 1, 2015, and each second year thereafter, the county commission of each county shall review the annual Consumer Price Index published by the United States Department of Commerce and determine if the proposed annual county budget for the fiscal year beginning July, 1, 2015, has increased over the previous fiscal year in an amount sufficient for the payment of an increase in the salaries and the related employment taxes of the county commissioners and other elected county officials in an amount up to the increase in the Consumer Price Indices over the prior two years or three percent, whichever is greater.
__(10) If the proposed annual county budget for the fiscal year beginning July, 1, 2015, has increased over the previous fiscal year in an amount sufficient for the payment of an increase in the salaries and the related employment taxes of the county commissioners and other elected county officials in an amount up to the increase in the Consumer Price Index or three percent, whichever is greater, then the county commission may fix the salary of the county commissioners and the other elected county officials at an annual rate of salary to which the county official is entitled pursuant the salary schedules contained in this section including an increase up to the increase in Consumer Price Index or three percent, whichever is greater, as determined by the county commission.
__(11) Before the increased salaries 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, 2015, has increased over the previous fiscal year in an amount sufficient for the payment of the increase in the salaries, and related employment taxes. The Auditor may not approve the budget certification for a 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 is 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.
__(12) If there is an insufficient projected increase in revenues to pay the increased salaries and the related employment taxes, the salaries of that county's elected officials and commissioners remain at the level in effect at the time certification was sought.
__(13) In a 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.


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NOTE: The purpose of this bill is to allow county commissioners an ongoing mechanism to consider compensation increases for elected county officials every two years in an amount up to the increase in the annual Consumer Price Index published by the United States Department of Commerce over the prior two years or three percent, whichever is greater.

  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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