Authorizing county commissions to increase compensation of elected county officials

SB 728 Text

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Introduced Version

Senate Bill 728 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

FISCAL NOTE

WEST virginia legislature
2026 regular session
Introduced
Senate Bill 728
By Senator Rose
[Introduced February 3, 2026; referred
to the Committee on Government Organization; and then to the Committee on Finance]
A BILL to amend and reenact §7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as amended, relating to compensation of elected county officials; and authorizing county commissions to increase the compensation of elected county officials.
Be it enacted by the Legislature of West Virginia:

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 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:
(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]
(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
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:
OTHER ELECTED OFFICIALS
County Circuit Prosecuting
Sheriff Clerk Clerk Assessor Attorney
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
After June 30, 2014:
OTHER ELECTED OFFICIALS
County Circuit Prosecuting
Sheriff Clerk Clerk Assessor Attorney
Class I $50,266 $62,093 $62,093 $50,266 $108,192
Class II $49,526 $61,354 $61,354 $49,526 $105,728
Class III $49,157 $59,875 $59,875 $49,157 $103,264
Class IV $48,787 $59,532 $59,532 $48,787 $100,800
Class V $48,418 $59,136 $59,136 $48,418 $98,336
Class VI $48,048 $55,440 $55,440 $48,048 $66,528
Class VII $47,678 $54,701 $54,701 $47,678 $63,571
Class VIII $47,309 $53,962 $53,962 $47,309 $60,614
Class IX $46,939 $53,222 $53,222 $46,939 $56,179
Class X $42,874 $47,309 $47,309 $42,874 $51,744
After June 30, 2022:
OTHER ELECTED OFFICIALS
County Circuit Prosecuting
Sheriff Clerk Clerk Assessor Attorney
Class I $56,793 $68,302 $68,302 $56,793 $119,011
Class II $55,979 $67,489 $67,489 $55,979 $116,301
Class III $55,573 $65,863 $65,863 $55,573 $113,590
Class IV $55,166 $65,485 $65,485 $55,166 $110,880
Class V $54,760 $65,050 $65,050 $54,760 $108,170
Class VI $54,353 $60,984 $60,984 $53,853 $73,181
Class VII $53,946 $60,171 $60,171 $53,446 $69,928
Class VIII $53,540 $59,358 $59,358 $52,940 $66,675
Class IX $53,133 $58,544 $58,544 $52,533 $61,797
Class X $48,661 $52,040 $52,040 $47,811 $56,918
Provided,
That the salary amounts used to determine any increases in compensation for public officials, as provided for in subsection (8) of this section, shall include any additional compensation received by those public officials pursuant to §7-7-6b and §11A-1-17 of this code.
(8)

(6)
Any county clerk, circuit clerk, county assessor, prosecuting attorney, or sheriff of a Class I through Class V county, inclusive, any assessor or any 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 public official 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.
(7) On March 1, 2027, and every second year after that, 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, 2027, 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 by no less than two percent or a percentage not to exceed the percentage increase in the Consumer Price Index over the prior two years.
(8) If the proposed annual county budget for the fiscal year beginning July 1, 2027, 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 commissioner and other elected county officials in an amount up to the percentage increase in the Consumer Price Index over the prior two years, then the county commission shall 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 to the effective salary schedules contained in this section including an increase of no less than two percent but not to exceed the percentage increase in the Consumer Price Index, as determined by the county commission:
Provided,
That any increases in compensation provided in this subsection, shall not violate the provisions of section 38, article VI of the Constitution of West Virginia:
Provided, however
, That no increases in compensation pursuant to this section may be made by the county commission of any 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.

NOTE: The purpose of this bill is to authorize County Commissions to increase the
compensation of elected county officials.

Strike-throughs indicate language that would be stricken from a heading or the
present law and underscoring indicates new language that would be added.

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