Chapter 4. The Legislature


Published: 2015

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WVC 4-

CHAPTER 4. THE LEGISLATURE.

WVC -2A-

ARTICLE 2A. COMPENSATION FOR AND EXPENSES OF MEMBERS OF THE

LEGISLATURE.







WVC 4-2A-1



PART I. GENERAL.

§4-2A-1. Implementation of resolutions of citizens legislative

compensation commission; definition.

The purpose of this article is to implement from time to time

the resolutions submitted by the citizens legislative compensation

commission created by section thirty-three, article six of the West

Virginia constitution. For the purposes of this article, the term

"regular session" shall include any extension of a regular session

of the Legislature.







WVC 4 - 2 A- 2

§4-2A-2. Basic compensation for services; proration.

      (a) Beginning in the calendar year two thousand nine and for

each calendar year after that, each member of the Legislature 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 of members of the Legislature, 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, four, six and eight of this article providing for

new amounts or amounts increased to new amounts greater than those

in force and effect on the first day of January, two thousand

seven, become effective for calendar year two thousand nine 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

sections six and eight of this article providing for new amounts or

amounts increased to new amounts greater than those in force and

effect on the first day of January, two thousand seven, become

effective for calendar year two thousand eight and each calendar

year after that.

     (b) The basic compensation is payable as follows:

     (1) In the year two thousand nine, 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.

     (2) Beginning in two thousand ten, in all years except those

described in subdivision (1) 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;

     (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 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.



WVC 4 - 2 A- 3

§4-2A-3. Compensation for members of the Legislature during any

extension of regular session or during extraordinary

session.

Each member of the Legislature shall receive, in addition to

the basic compensation provided for in section two of this article,

additional compensation of one hundred fifty dollars 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. The additional compensation shall be paid from

time to time during any extended session or extraordinary session,

as prescribed by rules established by the legislative auditor.







WVC 4 - 2 A- 4

§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 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 for attending to

legislative business 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 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 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 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 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 when the Legislature is not in regular, extended or

extraordinary session and interim committees are not meeting.







WVC 4 - 2 A- 5

§4-2A-5. Interim compensation for members.

(a) In addition to the basic and any additional compensation

provided for in sections two, three and four of this article, each

member shall receive interim compensation of one hundred fifty

dollars per day for each day actually engaged in the performance of

interim duties as a member of any interim committee between regular

sessions of the Legislature: Provided, That the total additional

interim compensation payable to any member and his or her

replacement, if any, on a committee or commission under the

provisions of this subsection shall not exceed the sum of four

thousand five hundred dollars per calendar year.

(b) In addition to the basic and any additional compensation

provided for in sections two, three and four of this article and

subsection (a) of this section, each member shall receive interim

compensation of one hundred fifty dollars 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 authorized by the committee cochairs

and approved by the president of the Senate and the speaker of the

House of Delegates, not to exceed fifteen days per calendar year.







WVC 4 - 2 A- 6

§4-2A-6. Travel expenses.

(a) Each member 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 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-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.

(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.







WVC 4 - 2 A- 7

§4-2A-7. Reimbursement for expenses incurred during any session or

interim assignment.

(a) Each member of the Legislature 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 Legislature

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 business which is related to their duties as

officers at the times when the Legislature is not in regular,

extended or extraordinary session, and interim committees are not

meeting.







WVC 4 - 2 A- 8

§4-2A-8. Out-of-state expenses.

In addition to reimbursement for travel expenses as authorized

in section six of this article, each member of the Legislature

traveling from West Virginia to an out-of-state point or points and

returning incident to the performance of his or her duties as a

member of the Legislature or any committee of the Legislature,

whether the committee is operating under general law or resolution,

where the travel has been duly authorized, is entitled to be

reimbursed, upon submission of an expense voucher for the travel,

for all reasonable and necessary expenses actually incurred

incident to the travel, but the total of any and all reimbursed

expenses, exclusive of reimbursement for travel expenses, shall not

under any circumstances exceed the actual cost of housing at the

least expensive available single rate and meal and miscellaneous

expenses of fifty-five dollars per day. A receipt for the amount

paid for housing and for travel by any public transportation to and

from West Virginia shall be submitted with the expense voucher, but

a receipt is not required to be submitted with any expense voucher

for meal and miscellaneous expenses.







WVC 4-2A-9

§4-2A-9.

Repealed.

Acts, 1994 Reg. Sess., Ch. 99.







WVC 4-2A-10

§4-2A-10. Affidavits required; approval by legislative auditor of

vouchers; travel and lodging expenses within

Charleston not reimbursable; rules authorized.

Any expense voucher submitted pursuant to the provisions of

sections six, seven, eight or nine of this article must be verified

by the affidavit of the member incurring such expense and all such

expense vouchers shall be approved by the legislative auditor prior

to submission for payment.

Notwithstanding any other provisions of this article to the

contrary, no member of the Legislature who resides within the

corporate limits of the city of Charleston may be reimbursed under

this article for any travel and lodging expenses incurred within

such corporate limits.

The legislative auditor is hereby authorized to adopt, amend

and repeal such rules as may be necessary to implement or

effectuate the provisions of this article.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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