H. B. 3094
(By Delegates Webster, Proudfoot, Staggers, Long, Burdiss,
Kessler, Hrutkay, Shook, Moore, Pino and Hamilton)
Introduced February 15, 2007; referred to the Committee on the
Judiciary]
A BILL to amend and reenact §61-10-15 of the code of West Virginia,
1931, as amended, relating to prohibiting county and district
officers, teachers and school officials from having a
pecuniary interest in certain contracts.
Be it enacted by the Legislature of West Virginia:
That §61-10-15 of the code of West Virginia, 1931, as amended,
be amended and reenacted, to read as follows:
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
§ 61-10-15. Pecuniary interest of county and district officers,
teachers and school officials in contract;
exceptions; offering or giving compensation;
penalties.
(a) It is unlawful for any member of a county commission,
overseer of the poor, district school officer, secretary of a board
of education, supervisor or superintendent, principal or teacher of
public schools or any member of any other county or district board
or any county or district officer to be or become pecuniarily interested, directly or indirectly, in the proceeds of any contract
or service or in the furnishing of any supplies in the contract for
or the awarding or letting of a contract if, as a member, officer,
secretary, supervisor, superintendent, principal or teacher, he or
she may have any voice, influence or control: Provided, That
nothing in this section prevents or makes unlawful the employment
of the spouse of a member, officer, secretary, supervisor,
superintendent, principal or teacher as a principal or teacher or
auxiliary or service employee in the public schools of any county
or prevents or makes unlawful the employment by any joint county
and circuit clerk of his or her spouse.
(b) Any person who violates the provisions of subsection (a)
of this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than fifty dollars nor more than
five hundred dollars and may, in the discretion of the court, be
confined in the county or regional jail for a period not to exceed
one year.
(c) Any person convicted of violating the provisions of
subsection (a) of this section shall also be removed from his or
her office and the certificate or certificates of any teacher,
principal, supervisor or superintendent so convicted shall, upon
conviction thereof, be immediately revoked: Provided, That no
person may be removed from office and no certificate may be revoked
for a violation of the provisions of this section unless the person
has first been convicted of the violation.
(d) Any person, firm or corporation that offers or gives any
compensation or thing of value or who forebears to perform an act
to any of the persons named in subsection (a) of this section or to or for any other person with the intent to secure the influence,
support or vote of the person for any contract, service, award or
other matter as to which any county or school district becomes or
may become the paymaster is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than five hundred
dollars nor more than twenty-five hundred dollars and, in the
court's discretion, the person or any member of the firm or, if it
is a corporation, any agent or officer of the corporation offering
or giving any compensation or other thing of value may, in addition
to a fine, be confined in the county or regional jail for a period
not to exceed one year.
(e) The provisions of subsection (a) of this section do not
apply to any person who is a salaried employee of a vendor or
supplier under a contract subject to the provisions of said
subsection if the employee, his or her spouse or child:
(1) Is not a party to the contract;
(2) Is not an owner, a shareholder, a director or an officer
of a private entity under the contract;
(3) Receives no commission, bonus or other direct remuneration
or thing of value by virtue of the contract;
(4) Does not participate in the deliberations or awarding of
the contract; and
(5) Does not approve or otherwise authorize the payment for
any services performed or supplies furnished under the contract.
(f)
The provisions of subsection (a) of this section do not
apply to any person who has a pecuniary interest in a bank within
the county serving or under consideration to serve as a depository
of funds for the county or board of education, as the case may be, if the person does not participate in the deliberations or any
ultimate determination of the depository of the funds.
(g) The provisions of subsection (a) of this section do not
apply to any person who:
(1) Has a pecuniary interest in a public utility which is
subject to regulation by the public service commission of this
state; or
(2) Has a pecuniary interest as a vendor or supplier in a
contract which would result in excessive cost, undue hardship, or
other substantial interference with the operation of a governmental
body or agency, the affected governmental body or agency may make
written application to the West Virginia Ethics Commission for an
exemption from that section.
(g) (h) The provisions of this section do not apply to
publications in newspapers required by law to be made.
(h) (i) No school employee or school official subject to the
provisions of subsection (a) of this section has an interest in the
sale, proceeds or profits in any book or other thing used or to be
used in the free school system of this state, as proscribed in
section nine, article XII of the constitution of West Virginia, if
they qualify for the exceptions set forth in either subsection (e),
or (f), or (g) of this section.
NOTE: The purpose of this bill is to authorize the West
Virginia Ethics Commission to grant exemptions from the prohibition
against having pecuniary interest in a public utility or a contract
involving a vendor or supplier. This bill also is to conform the
statute with the ruling of the West Virginia Supreme Court of
Appeals in Dials v. Blair, 111 S.E.2d 17 (1959).
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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