HB2397 HFA McGeehan 4-7 #1

Morgan 3345

Delegate McGeehan moved to amend the bill by striking everything after the enacting clause and inserting in lieu thereof the following:

Article 5. fiscal affairs.

§7-5-4. Payment of money out of county treasury; signing of orders by mechanical or electrical devices; process when two or more designated signatories are family or household members; forgery; penalty.

(a) No money shall Money may not be paid by the sheriff out of the county treasury except upon an order signed by the president of the county commission and clerk of the county court the county clerk, and properly endorsed. Provided, however, That In counties having a population in excess of 50,000 as shown by the last preceding federal census, such signatures and the signature of the sheriff authorizing the payment of such orders by a county depository may be made by means of such mechanical or electrical device as the county court may select. Such The mechanical or electrical device utilized for the making of the signatures of the president and clerk shall be safely kept in the office of the clerk of the county court county clerk so that no one shall have  has access thereto except the members of the county court, and the clerk of the county court the county clerk, and such of their respective employees as may be authorized to have access. thereto. Such The mechanical or electrical device utilized for the making of the sheriff’s signature of the sheriff shall be safely kept in the office of the sheriff sheriff’s office so that no one shall have has access thereto except the sheriff and such of his or her deputies as may be authorized to have access. thereto

(b) In the event that two or more individuals among the county commission president, sheriff, and county clerk, are family or household members, alternate signatories shall be designated, as follows:

(1)  The county commission shall vote to designate another county commissioner who is not a family or household member of any other required signatory to sign for the president;

(2) The chief tax deputy shall sign for the sheriff. If the chief tax deputy is a family or household member of any other signatory, then the county commission shall vote to appoint a resident of the county to serve as a substitute signatory; and

(3) The county clerk is not subject to substitution.

(c) As used in this section, “family or household member” has the same meaning as set forth in §48-27-204 of this code.

(d) If any person, other than the persons authorized so to do shall sign to sign by this section, signs the name of the county commission president, of the county court, the clerk of the county court or the sheriff by the use of any such county clerk, or sheriff, using any mechanical or electrical device, or otherwise, on any warrant, order, or check, or utter or attempt knowingly utters or attempts to employ as true such the forged warrant, order, or check, knowing the same to be forged he shall be he or she is guilty of a felony and, upon conviction, shall be confined in the penitentiary not less fewer than two years and not more than 10 years.

Adopted

Rejected