SB 690 — Authorizing county commissions to increase compensation of elected county officials

WESTSB690 VIRGINIASFA LEGISLATURETarr REGULAR#1 SESSION3-26Fletcher Engrossed 7835 Senator CommitteeTarr Substitute moved forto Senateamend Bill 690 B YSENATORS W OODRUM , LIVERI, WOELFEL, HORNE , CLEMENTS , AMILTON,ANDTAYLOR [Reported March 25, 2025, from the Committeebill on Governmentpage Organization]8, Engsection CS4, forline SB150, 690by Achanging BILL to amend and reenact §7-7-1 and §7-7-4 of the Codeperiod of West Virginia, 1931, as amended, relating to authorizinga countycolon commissionsand toinserting increase the compensationfollowing ofproviso: elected county officials.

BeProvided, ithowever, enactedThat no increases in compensation pursuant to this section may be made by the Legislaturecounty commission of Westany Virginia:county that is more than 90 days delinquent in payment of the annual regional jail per diem costs for which it is responsible pursuant to §15A-3-16 of this code.   AdoptedRejected

ARTICLE 7.

COMPENSATION OF ELECTED COUNTY OFFICIALS.

§7-7-1.

Legislative findings and purpose.

(a) The Legislature finds that it has, since January 1, 2015 , consistently and annually imposed upon the county commissioners, sheriffs, county and circuit clerks, assessors and prosecuting attorneys in each county 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 38, 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 38, 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 Eng CS for SB 690 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 38, article VI of the Constitution of West Virginia.

(d) (a) 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.

(b) The Legislature further finds and declares that local governments are best postured to make the fiscal determination to justify the increases in compensation provided in §7-7-4 of this code, without violating the provisions of section 38, article VI of the Constitution of the State 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 section on and after July 1, 2014, and on and after July 1, 2022, are set out in subsections (3), (5) and (7) (8) of this section.

Every county commissioner and elected county official in each county, whose term of office commenced prior to or on or after July 1, 2014, shall receive the same annual salary by virtue of legislative findings of extra duties as set forth in §7-7-1 of this code.

(2) Before the increased salaries, as set out in subsections (5) and (7) and (10) of this section, are paid to the county commissioners and the elected county officials, the following requirements must be met:

Eng CS for SB 690 (A) The Auditor has certified that the fiscal condition of the county, considering costs, revenues, liabilities, and significant trends of the same;

maintenance standards;

and the commitment to the provision of county services has sufficiently improved over the previous fiscal years so that there exists an amount sufficient for the payment of the increase in the salaries set out in subsections (5) and (7) of this section and the related employment taxes:

Provided, That the Auditor may not provide the certification for the payment of the increase in the salaries where any proposed annual county budget contains anticipated receipts which are unreasonably greater or lesser than that of the previous year.

For purposes of this subsection, the term "receipts" does not include unencumbered fund balance or federal or state grants:

Provided, however, That the Auditor shall not be held liable for relying upon information and data provided by a county commission in assessing the county’s fiscal condition or a proposed annual county budget;

and (B) Each county commissioner or other elected official described in this section in office on the effective date of the increased salaries provided by this section who desires to receive the increased salary shall have prior to that date filed in the office of the clerk of the county commission his or her written request for the salary increase.

The salary for the person who holds the office of county commissioner or other elected official described in this section who fails to file the written request as required by this subdivision shall be the salary for that office in effect immediately prior to the effective date of the increased salaries provided by this section until the person vacates the office or his or her term of office expires, whichever first occurs.

Any request for a salary increase shall use the following language:

I, [name of office holder], the duly elected [name of office] in and for the County of [name of county], West Virginia, do hereby request a salary increase pursuant to W.

Va.

Code §7-7-4 of this code, as amended.

This salary increase is effective ( _________ ).

[Signature of office holder] [Date] Eng CS for SB 690 (3) If the Auditor has failed to certify that there is an amount sufficient for the payment of the increase in the salaries and the related employment taxes pursuant to this section, 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) (2) 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) (3) Prior to July 1, 2014:

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 After June 30, 2014:

COUNTY COMMISSIONERS Class I $41,395 Class II $40,656 Class III $39,917 Class IV $39,178 Class V $38,438 Eng CS for SB 690 Class VI $31,786 Class VII $31,046 Class VIII $28,090 Class IX $27,350 Class X $22,176 After June 30, 2022:

COUNTY COMMISSIONERS Class I $45,535 Class II $44,722 Class III $43,909 Class IV $43,096 Class V $42,282 Class VI $34,965 Class VII $34,151 Class VIII $30,899 Class IX $30,085 Class X $24,394 (6) (4) For the purpose of determining the salaries to be paid to the elected county officials of each county, the base salaries for each county office by class, set out in subsection (7) (5) of this section, 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) (5) Prior to July 1, 2014: