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.
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