COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 492
(By Senator White)
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[Originating in the Committee on the Judiciary;
reported February 30, 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.
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.
(a) Notwithstanding the provisions of sections four or
four-a of this article to the contrary, on or before the first day
of January, two thousand nine, no county may 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
that became full-time, or chose to remain part-time, by virtue of
sub-paragraph (a) believes that the responsibilities of his or her
office either no longer require a full-time position or then
require a full-time position ,then such 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, such decision must be by mutual agreement between
the county commission and the prosecutor elect: Provided, however,
That any prosecutor that returns to part-time status shall,
thereafter, be compensated at the rate of compensation set forth in
this code 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.
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NOTE: The purpose of this bill is to eliminate part-time
prosecutors by 2009 unless prior thereto the county commission and
prosecuting attorney opt that the position remain part-time; and
authorizing an increase in salary for a part-time prosecutor that
becomes full-time. There is also opt-back language.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.