H. B. 2772
(By Delegates Manuel, Spencer, Pino, Givens and Wills)
(Originating in the Committee on the Judiciary)
[March 6, 2001]
A BILL to amend and reenact section thirty-four, article three,
chapter eleven-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
appointment powers of the auditor.
Be it enacted by the Legislature of West Virginia:
That section thirty-four, article three, chapter eleven-a of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. SALE OF TAX LIENS AND NONENTERED, ESCHEATED AND WASTE
AND UNAPPROPRIATED LANDS.
§11A-3-34. Deputy commissioners of delinquent and nonentered lands;
bond.
The auditor shall appoint for each county in the state a
deputy commissioner of delinquent and nonentered lands. Persons serving in that capacity when this article takes effect shall
continue to serve, subject to the provisions of this article. The
auditor shall make new appointments from time to time thereafter
whenever vacancies occur, or when in the auditor's judgment it is
deemed advisable. The auditor may promulgate rules respecting the
tenure of deputy commissioners. In the absence of such rules, the
deputy commissioner for each county shall, so long as he satisfies
the requirements of this section in respect to professional
qualifications and bonding, continue to act without reappointment
until the auditor designates his successor.
The auditor shall appoint deputy commissioners in such
numbers and to serve such counties as the auditor deems advisable
to effect the purposes of this article. Appointments
, other than
an employee of the auditor's office, shall be limited to persons
duly licensed to practice law in this state. Any person appointed
as deputy commissioner for a single county shall reside in said
county. Any person appointed as deputy commissioner for more than
one county shall reside in one of the counties for which he has
been appointed.
Whenever in respect to any land the deputy commissioner, in
his own judgment or in the opinion of the auditor, is disqualified
or otherwise unable to serve, because of his personal interest, or because of his representation of clients in matters affecting such
land, or because of vacancies or failure to act, the auditor may
appoint
a special deputy, including an employee of his office
licensed to practice law in this state, to assume all of the
disqualified deputy commissioner's rights, duties, responsibilities
and liabilities relating to such land.
The deputy commissioner shall be subject to the orders and
control of the auditor, shall be accountable to him, and shall
serve as his local agent within the county. It shall be his duty
to do whatever is required of him by the auditor or by the
provisions of this article. The deputy commissioner before
entering upon his duties shall give a bond, with satisfactory
corporate surety, conditioned upon the faithful performance of his
duties and the payment of any forfeitures incurred. The penalty of
such bond shall be not less than twenty-five thousand dollars nor
more than one hundred thousand dollars, as the auditor may direct.
The premium therefor shall be paid by the auditor out of the
operating fund for the land department in his office.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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