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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 492
(Senator White, original sponsor)
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[Passed March 8, 2008; to take effect July 1, 2008.]
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AN ACT to amend and reenact §7-7-4a of the Code of West Virginia,
1931, as amended, relating to prosecuting attorneys;
eliminating part-time prosecutors; allowing prosecutors to
remain as part-time prosecutors, upon mutual agreement of
county commissions and prosecutors; authorizing an increase in
salary for a part-time prosecutor who becomes a full-time
prosecutor; allowing prosecutors and counties to mutually
agree to a change in part-time or full-time status; providing
for a readjustment in salary if full-time prosecutor returns
to part-time status; providing a mechanism for review of
county finances by the state auditor to confirm the
availability of county funds to support a full-time
prosecutor; exceptions; and effective dates.
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 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, after the first day of January, two thousand nine,
during the course of a term of office, pursuant to subsection (a)
of this section, any prosecutor who becomes full-time or chooses to
remain part-time who believes that the responsibilities of his or
her office either no longer requires a full-time position or
believes that the duties of the part-time position have become
full-time, may, by mutual agreement with the county commission,
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.
(c) If, after the first day of January, two thousand nine, any
prosecutor or prosecutor-elect desires to change to full-time
status and the county commission objects to such change due to an
alleged financial condition of the county, then either party may
request the State Auditor's office to examine the county's
financial condition and certify whether or not there are sufficient
funds to support a full-time position. The State Auditor shall
then, within ninety days of such request, certify whether or not
there are sufficient funds available to support a full-time
prosecutor in the county. If the State Auditor certifies that
there are sufficient funds available, then the prosecutor or
prosecutor elect must be changed to full-time status and be
compensated at the same rate of pay as a prosecutor in a Class V
county.
(d) Nothing in this section may be construed to prohibit a
part-time prosecuting attorney from remaining part-time with the
mutual agreement of the county commission.