H. B. 2628
(By Delegate Proudfoot and J. Martin)
[Introduced February 22, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section fifteen, article ten, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing that
being a mere employee does not make one pecuniarily
interested in a transaction between the person's employer
and with a county or a district board.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article ten, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
§61-10-15. Pecuniary interest of county and district
officers, teachers and school officials in
contracts; exceptions; offering or giving
compensation; penalties.
It shall be unlawful for any member of a county commission,
overseer of the poor, district school officer, secretary of a
board of education, supervisor or superintendent, principal or
teacher of public schools, or any member of any other county or
district board, or for any county or district officer to be or
become pecuniarily interested, directly or indirectly, in the
proceeds of any contract or service, or in furnishing any
supplies in the contract for, or the awarding or letting of,
which as such member, officer, secretary, supervisor,
superintendent, principal, or teacher, he may have any voice,
influence or control: Provided, however, That nothing herein
shall be construed to prevent or make unlawful the employment of
the spouse of any such member, officer, secretary, supervisor,
superintendent, principal or teacher as principal or teacher,
auxiliary or service employee in the public schools of any
county, nor to prevent or make unlawful the employment by any
joint county and circuit clerk of his or her spouse: Provided further, That, for purposes of this section, no person shall be
deemed pecuniarily interested, directly or indirectly, in the
proceeds of any contract or service merely because such person is
an employee, but not also a shareholder, director or officer, of
a corporation which is the other party to a contract with a
county or district board. Any person or officer named who shall
violate any of the foregoing provisions of this section shall be
guilty of a misdemeanor, and, upon conviction thereof, be fined
not less than fifty nor more than five hundred dollars, and may,
in the discretion of the court, be imprisoned for a period not to
exceed one year. In addition to the foregoing penalties, any
such officer shall be removed from his office and the certificate
or certificates of any teacher, principal, supervisor and
superintendent who violates any provision of this section shall
upon conviction thereof, be revoked immediately. Any person,
firm or corporation that offers or gives any compensation or
thing of value or forebears to perform any act whatever to any of
the officers or persons hereinbefore named or to or for any other
person with the intent to secure the influence, support or vote
of such officer or person for any contract, service, award or other matter as to which any county or school district shall
become the paymaster, shall be guilty of a misdemeanor, and, upon
conviction thereof, be fined not less than five hundred, nor more
than twenty-five hundred dollars, and, at the discretion of the
court, such person or any member of such firm, or, if it be a
corporation, any agent or officer thereof, so offering or giving
such compensation, may, in addition to such fine, be imprisoned
for a period not to exceed one year.
The provisions of this section shall not apply to
publications in newspapers required to be made by law.
NOTE: The purpose of this bill is to provide that a mere
employee is deemed pecuniarily interested in any transaction
between the person's employer and a county or a district board.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.