COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 492
(By Senator White)
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[Originating in the Committee on Finance;
reported February 26, 2008.]
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A BILL to amend and reenact §7-7-4a of the Code of West Virginia,
1931, as amended, relating to eliminating part-time
prosecutors; authorizing an increase in salary for a part-time
prosecutor who becomes a full-time prosecutor; and allowing
counties an opt-out provision.
Be it enacted by the Legislature of West Virginia:
That §7-7-4a 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 the provisions of section four of this
article to the contrary, on or before the first day of January, two thousand nine, a county may not have a part-time prosecutor. The
county commissions of counties in Class VI through X shall then
compensate all prosecuting attorneys that have changed to full-time
by virtue of this section at the same rate of compensation
established for a prosecuting attorney in a Class V county:
Provided, That, upon mutual agreement of the prosecuting attorney
and the county commission, the prosecuting attorney may choose to
remain a part-time prosecuting attorney.
(b) If, during the course of a term of office, any prosecutor
who became full-time, or chose to remain part-time, by virtue of
subsection (a) of this section believes that the responsibilities
of his or her office either no longer require a full-time position,
then the prosecutor, by mutual agreement with the county
commission, may either return to part-time status or change to
full-time status:
Provided, That, if the decision to change to
full-time or part-time status is made during an election year, the
decision must be by mutual agreement between the county commission
and the prosecutor-elect:
Provided,
however, That any prosecutor
who returns to part-time status shall, thereafter, be compensated
at the rate of compensation set forth in section four of this
article for a prosecuting attorney of his or her class county and
any prosecutor that changes to full-time status shall, thereafter,
be compensated at the same rate of compensation established for a
prosecuting attorney in a Class V county.