H. B. 4553


(By Delegate Talbott)

[Introduced February 14, 2008; referred to the

Committee on Political Subdivisions then the Judiciary.]





A BILL to amend and reenact §7-7-4a of the Code of West Virginia, 1931, as amended, relating to authorizing a part-time prosecuting attorney to request the State Auditor's opinion regarding whether a county has sufficient funding to employ a full-time prosecuting attorney; authorizing the part-time prosecuting attorney to elect to be a full-time prosecuting attorney if the State Auditor determines there is sufficient funding; and providing a salary.

Be it enacted by the Legislature of West Virginia:

That §7-7-4a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.

§7-7-4a. Authorizing the option of full-time status for part-time prosecuting attorneys.

(a) Notwithstanding any provision of this code to the contrary, in any county which has a part-time prosecuting attorney the county commission may, on the request of the prosecuting attorney, find that such facts and circumstances exist that require the prosecuting attorney to devote full-time to his or her public duties. If the county commission makes such a finding, by proper order adopted and entered, it shall require the prosecuting attorney to devote full-time to his or her public duties and the county commission shall then compensate the prosecuting attorney at the same rate of compensation established for a prosecuting attorney in a Class V county: Provided, That nothing contained herein may be interpreted to affect the status of a prosecuting attorney who has heretofore, by proper order so entered, become full-time.
(b) Should the county commission fail or refuse to make such a finding, a part-time prosecuting attorney may then request the State Auditor to evaluate the financial condition of the county wherein the part-time prosecuting attorney is employed and certify, at the time of the annual audit, whether, in the State Auditor's opinion, the county has sufficient funding to employ a full-time prosecuting attorney, then the prosecuting attorney may elect to be a full-time prosecuting attorney rather than a part-time prosecuting attorney, and the position shall, thereafter, be a full-time position. In this case, if the prosecuting attorney elects to be full-time, then the county commission shall, at the beginning of the ensuing fiscal year, compensate the prosecuting attorney at the same rate of compensation established for a prosecuting attorney in a Class V county: Provided, That nothing contained herein affects the status of a prosecuting attorney who has heretofore, by proper order so entered, become full-time.



NOTE: The purpose of this bill is to authorize a part-time prosecuting attorney to request the State Auditor's opinion regarding whether a county has sufficient funding to employ a full- time prosecuting attorney; to authorize the part-time prosecuting attorney to elect to be a full-time prosecuting attorney if the State Auditor determines there is sufficient funding; and providing a salary.

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