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SB492 SUB2 Senate Bill 492 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 492

(By Senator White)

____________

[Originating in the Committee on Finance;

reported February 26, 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.

(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, during the course of a term of office, any prosecutor who became full-time, or chose to remain part-time, by virtue of subsection (a) of this section believes that the responsibilities of his or her office either no longer require a full-time position, then the 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, 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.
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