SB 740 — Relating to compensation and expense reimbursement for members of Legislature

WEST VIRGINIA LEGISLATURE REGULAR SESSION OriginatingENROLLED Senate Bill 740 [Originating[Passed inMarch the11, Committee2023; on Rules;

reportedin oneffect February90 27,days 2023]from Orgpassage] Enr SB 740 AAN BILLACT to amend and reenact §4-2A-2, §4-2A-3, §4-2A-4, §4-2A-5, §4-2A-6, and §4-2A-7 of the Code of West Virginia, 1931, as amended, all relating to compensation and expense reimbursement for members of the Legislature as recommended by the Citizens Legislative Compensation Commission;

modifying the basic compensation to an amount equal to 75 percent of the per capita income in West Virginia;

modifying tperthe per diem expense allowance for members of the Legislature when in regular, extended, or extraordinary session;

authorizing members-elect to the Legislature to receive certain travel reimbursement;

(a) Beginning in the calendar year 2009 2025 and for each calendar year after that, each member of the Legislature shall receive as basic compensation for his or her services, per calendar year, the sum of $20,000 per calendar year the amount equal to 75 percent of the per capita income in West Virginia as reported by the US Census Bureau on June 30 of the prior year, rounded down to the nearest $1,000, 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§4-2A-3, three,§4-2A-4, four and five§4-2A-5 of this article.code.

All other increased amounts or new amounts in respect to the compensation of members of the Legislature, set forth in the resolution of the Citizens Legislative Compensation Commission, dated January 9, 2007 January 23, 2023, Org SB 740 and implemented in this section, and §4-2A-4, §4-2A-6, and §4-2A-8 of this code providing for new amounts or amounts 1 Enr SB 740 increased to new amounts greater than those in force and effect on January 1, 2007 2023, become effective for calendar year 2009 2025 and each calendar year after that:

Provided, That increased amounts or new amounts in respect to the expenses of members of the Legislature, set forth in said resolution, and implemented in §4-2A-6, and §4-2A-§4-2A-8 8 of this code providing for new amounts or amounts increased to new amounts greater than those in force and effect on January 1, 2007 2023, become effective for calendar year 2008 2025 and each calendar year after that.

(1) In the year 2009 2025, and every fourth year after that:

(A) Five thousand Six thousand five hundred dollars in each of February, March, and April, payable at least twice per month;

and (B) Six hundred twenty-five dollars The remainder of the amount allowed by subsection (a) of this section split equally in each of January, May, June, July, August, September, October, and November, payable at least twice per month;

(2) Beginning in 2010 2026, in all years except those described in subdivision (1) of this subsection:

(A) Five thousand Six thousand five hundred dollars in each of January, February and March, payable at least twice per month;

and (B) Six hundred twenty-five dollars The remainder of the amount allowed by subsection (a) of this section split equally in each of April, May, June, July, August, September, October, and November, payable at least twice per month.

(c) In the event of the death, resignation, or removal of a member of the Legislature 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 Legislature Org SB 740 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.

Compensation for members of the Legislature during any extension of regular 2 Enr SB 740 session or during extraordinary session.

Each member of the Legislature shall receive, in addition to the basic compensation provided for in §4-2A-2 of this code, additional compensation of $150 $200 per day for each day of attendance in person upon any business of the Senate or House of Delegates, as the case may be, on each day upon which the Senate or House of Delegates is actually called to order during each extension of regular session or during extraordinary session of the Legislature.

and (2) $150 $200 per day for attending to legislative business when the Legislature is not in regular, extension of regular or extraordinary session and interim committees are not meeting session:

(b) In addition to the basic and additional compensation provided in §4-2A-2 or §4-2A-3 of this code, themajoritythe majority leaders andminorityand minority leaders of the Senate and oftheof the House of Delegates shall each receive additional compensation of $50 per day for each day actually served during Org SB 740 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 3 Enr SB 740 by rules established by the Legislative Auditor.

(d) In addition to the basic and additional compensation provided in §4-2A-2 or §4-2A-3 of this code, the chairpersons of the committees on finance and committees on the judiciary of the respective houses and up to six additional persons from each house, to be named by the presiding officer, shall each receive an additional compensation of $150 $200 per day up to a maximum of 30 days for attending to legislative business when the Legislature is not in regular, extension of regular or extraordinary session and interim committees are not meeting session:

Provided, That no additional compensation shall be paid pursuant to this subdivision if the presidingchairperson officeror additional person is receiving compensation pursuant to §4-2A-3 or §4-2A-5 of this code.

(a) In addition to the basic and any additional compensation provided for in §4-2A-2, §4- 2A-3, and §4-2A-4 of this code, each member shall receive interim compensation of $150 $200 per day for each day actually engaged in the performance of interim duties asProvided, aThat memberthe oftotal anyadditional interim compensation payable to any member and his or her replacement, if any, on a committee betweenor regularcommission sessionsunder the provisions of this subsection shall not exceed the Legislature:sum of $6,000 per calendar year.

Provided,(b) ThatIn addition to the totalbasic and any additional compensation provided for in §4-2A-2, §4- 2A-3, and §4-2A-4 of this code and subsection (a) of this section, each member shall receive interim compensation payableof to$200 per day for each day actually engaged in the performance of legislative duties at a meeting of any memberlegislative committee which meets between regular sessions of the Legislature and hisoutside orof herregular replacement,interim ifmeetings any,when onauthorized aby the committee orco- commissionchairs underand approved by the provisionsPresident of thisthe subsectionSenate shalland notthe exceedSpeaker of the sumHouse of $4,500Delegates, $6,000not to exceed 15 days per calendar year.

(b) In addition to the basic and any additional compensation provided for in §4-2A-2, §4- 2A-3, and §4-2A-4 of this code and subsection (a) of this section, each member shall receive interim compensation of $150 $200 per day for each day actually engaged in the performance of legislative duties at a meeting of any statutorily created legislative committee which meets between regular sessions of the Legislature and outside of regular interim meetings when Org SB 740 authorized by the committee co-chairs and approved by the President of the Senate and the Speaker of the House of Delegates, not to exceed 15 days per calendar year.

(a) Each member and member-elect of the Legislature 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 Legislature or any committee of the Legislature, whether the committee is 4 Enr SB 740 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 Legislature in regular session in odd-numberedodd- 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 Legislature, but which takes place when the Legislature is not in regular, extension of regular or extraordinary session and interim committees are not meeting session.

Org SB 740 §4-2A-7.

(a) Each member of the Legislature who does not commute daily shall receive the sum of $131 $175 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 Legislature who does commute daily shall receive the sum of $55 $75 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 5 Enr SB 740 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 $131 $175 per day.

(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 designatedbydesignated by the presiding officer pursuant to §4-2A-4 of this code, 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 business which is related to their duties as officers at the times when the Legislature is not in regular,regular extended or extraordinary session, and interim committees are not meeting session.