Bill Text: WV SB264 | 2017 | Regular Session | Introduced
Bill Title: Providing salaries of appointed officers be fixed by Governor
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-13 - To Government Organization [SB264 Detail]
Download: West_Virginia-2017-SB264-Introduced.html
WEST virginia Legislature
2017 regular session
Introduced
Senate Bill 264
By Senator Blair
[Introduced February
13, 2017; referred
to the Committee on Government Organization; and then to the Committee on
Finance]
A BILL to amend and reenact §5B-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §6-7-2a of said code; to amend and reenact §17A-2-6 of said code; and to amend and reenact §29-21-5 of said code, all relating to the salaries of appointed officers being fixed by the Governor.
Be it enacted by the Legislature of West Virginia:
That §5B-1-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §6-7-2a of said code be amended and reenacted; that §17A-2-6 of said code be amended and reenacted; and that §29-21-5 of said code be amended and reenacted, all to read as follows:
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 1. DEPARTMENT OF COMMERCE.
§5B-1-1. Department of Commerce; office of Secretary of Department of Commerce.
(a) The Secretary of Commerce is the chief executive officer of the department. The Governor shall appoint the secretary, by and with the advice and consent of the Senate, for the term for which the Governor is elected. Any reference in this code to the Bureau of Commerce means the Department of Commerce. Any reference in this code to the Commissioner of the Department of Commerce means the Secretary of Commerce. As used in this article, Asecretary@ means the Secretary of Commerce and Adepartment@ means Department of Commerce.
(b) The department may receive federal funds.
(c) The secretary serves at
the will and pleasure of the Governor. The annual salary of the secretary is
$90,000 shall be set by the Governor.
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 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.
The annual salary of each
the following named appointive state officers is as follows shall
be fixed by the Governor:
Commissioner, Division of Highways;
$92,500 Commissioner, Division of Corrections; $80,000 Director,
Division of Natural Resources; $75,000 Superintendent, State Police; $85,000
Commissioner, Division of Banking; $75,000 Commissioner, Division of
Culture and History; $65,000 Commissioner, Alcohol Beverage Control
Commission; $75,000 Commissioner, Division of Motor Vehicles; $75,000
Chairman, Health Care Authority; $80,000 members, Health Care Authority;
$70,000 Director, Human Rights Commission; $55,000 Commissioner,
Division of Labor; $70,000 prior to July 1, 2011 Director, Division of
Veterans Affair; $65,000 Chairperson, Board of Parole; $55,000
members, Board of Parole; $50,000 members, Employment Security Review
Board; $17,000 and Commissioner, Workforce West Virginia. $75,000
Secretaries of the departments shall be paid an annual salary as follows
fixed by the Governor: Health and Human Resources, $95,000: Provided,
That effective July 1, 2013, the Secretary of the Department of Health and
Human Resources shall be paid an annual salary not to exceed $175,000;
Transportation, $95,000: Provided, however, That if the same person
is serving as both the Secretary of Transportation and the Commissioner of
Highways, he or she shall be paid $120,000 Revenue, $95,000 Military
Affairs and Public Safety, $95,000 Administration, $95,000
Education and the Arts, $95,000 Commerce, $95,000 Veterans= Assistance; $95,000 and Environmental
Protection. $95,000: Provided further, That any officer specified in
this subsection whose salary is increased by more than $5,000 as a result of
the amendment and reenactment of this section during the 2011 regular session
of the Legislature shall be paid the salary increase in increments of $5,000
per fiscal year beginning July 1, 2011, up to the maximum salary provided in
this subsection
(b) Each of the state
officers named in this subsection shall continue to be appointed in the manner
prescribed in this code and shall be paid an annual salary as follows fixed
by the Governor:
Director, Board of Risk and
Insurance Management; $80,000 Director, Division of Rehabilitation
Services; $70,000 Director, Division of Personnel; $70,000
Executive Director, Educational Broadcasting Authority; $75,000 Secretary,
Library Commission; $72,000 Director, Geological and Economic Survey; $75,000;
Executive Director, Prosecuting Attorneys Institute; $80,000; Executive
Director, Public Defender Services; $70,000; Commissioner, Bureau of
Senior Services; $75,000; Executive Director, Women=s Commission; $45,000 Director, Hospital
Finance Authority; $35,000 member, Racing Commission; $12,000
Chairman, Public Service Commission; $85,000 members, Public Service
Commission; $85,000 Director, Division of Forestry; $75,000
Director, Division of Juvenile Services; $80,000 and Executive Director,
Regional Jail and Correctional Facility Authority. $80,000
(c) 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.
The annual salary of each
named appointive state officer shall be as follows fixed by the
Governor:
Commissioner, State Tax
Division; $92,500 Insurance Commissioner; $92,500 Director, Lottery
Commission; $92,500 Director, Division of Homeland Security and
Emergency Management; $65,000 and Adjutant General. $125,000
(d) No increase in the salary of any appointive state officer pursuant to this section may 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.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE AND ANTITHEFT PROVISIONS.
ARTICLE 2. DIVISION OF MOTOR VEHICLES.
§17A-2-6. Commissioner of motor vehicles — Salary and expenses.
The commissioner shall
receive a salary of $7,000 as fixed by the Governor and the
necessary traveling expenses incident to the performance of his or her
duties. Requisition for traveling expenses shall be accompanied by a sworn and
itemized statement which shall be filed with the Auditor and permanently
preserved as a public record.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 21. PUBLIC DEFENDER SERVICES.
§29-21-5. Executive director.
(a) The Governor shall appoint, by and with the advice and consent of the Senate, the Executive Director of Public Defender Services, who shall serve at the will and pleasure of the Governor. The executive director shall be a qualified administrator as determined by the Governor, and shall be a member of the bar of the Supreme Court of Appeals. In addition to the executive director there shall be such other employees as the executive director determines to be necessary. The executive director shall have the authority to promulgate rules, and shall have such other authority and perform such duties as may be required or necessary to effectuate this article. The executive director shall provide supervision and direction to the other agency employees in the performance of their duties.
(b) The executive
director’s annual salary shall be as determined by the Legislature fixed
by the Governor.
NOTE: The purpose of this bill is to provide that the salaries of appointed officers shall be fixed by the Governor.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
