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AGO Opinions with Topic: SALARIES PAYABLE TO PERSONS APPOINTED OR ELECTED TO SENATE VACANCIES
AGO 1978 No. 3 >  January 26, 1978
OFFICES AND OFFICERS - STATE - LEGISLATOR - SALARIES - SALARIES PAYABLE TO PERSONS APPOINTED OR ELECTED TO SENATE VACANCIES
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- SALARIES ‑- SALARIES PAYABLE TO PERSONS APPOINTED OR ELECTED TO SENATE VACANCIES (1) A person who is either appointed or elected to an unexpired term to which the $3,800 per year salary provided for by chapter 149, Laws of 1974, 1st Ex. Sess., is applicable is constitutionally prohibited from being paid at the increased salary rate ($7,200 per annum) provided for by § 1, chapter 113, Laws of 1975-76, 2nd Ex. Sess. at any time during the remainder of the Senate term to which he or she is thus appointed or elected.  (2) A person who is either appointed or elected to a Senate vacancy to which the $7,200 per annum rate provided for in chapter 113, supra , is currently applicable is constitutionally prohibited from being paid at the further increased rate of $9,800 per annum, under § 1, chapter 318, Laws of 1977, 1st Ex. Sess. at any time during the remainder of such an unexpired term.  (3) Each of the foregoing conclusions is equally applicable in those instances in which the person so appointed or elected to a Senate vacancy is, at the time of the appointment or election, an incumbent member of the state House of Representatives.
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