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Introduced Version House Bill 2121 History

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hb2121 intr
H. B. 2121


(By Delegate Louisos)
[Introduced February 9, 2005; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §6-2-1 and §6-2-19 of the code of West Virginia, 1931, as amended, all relating to permitting the use of cash or a certificate of deposit in lieu of the posting of any bond requirement under state law.

Be it enacted by the Legislature of West Virginia:
That §6-2-1 and §6-2-19 of the code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 2. OFFICIAL AND OTHER BONDS.

§6-2-1. When official bonds to be given.

Any person appointed or elected to any office or position in this State who is required by any statute to enter into or give bond, unless otherwise provided, shall give his or her official bond within sixty days after he or she has been appointed or duly declared elected; but if at the time of his or her appointment or election he or she shall be absent from the State, circuit, county or district for which he or she is appointed or chosen, he or she shall give such bond within sixty days after notice of his or her appointment or election. If no term of the court or other tribunal authorized to take and approve such bond shall be held within sixty days after the appointment or declaration of the election of an officer required by law to give bond and qualify before such court or tribunal, or after the person, if absent from the State, county or district, is notified of his or her appointment or election, he or she shall give bond at the first term of such court or other tribunal next thereafter held: Provided, That the State executive officers shall qualify on or before the first Monday after the second Wednesday of January next after their election: Provided, further however, That any person appointed or elected to fill a vacancy in any office shall give such bond within ten days after notice of such appointment or election, if the court or other tribunal authorized to take and approve such bond shall sit within said period; otherwise, at the first sitting of such court or other tribunal after notice of such appointment or election: Provided further, That any person required to give bond under this article may, in lieu of the bond, post a certificate of deposit or cash equivalent of the required bond. No person shall enter into or discharge any of the duties of his or her office until he or she shall have given the bond, or a certificate of deposit or cash equivalent to the required bond required of him or her by law.
§6-2-19. When bonds may be required of other officers and employees.

Any board, commission or officer who has authority by law to appoint to office, or to employ any person in behalf of the
State, or to place any person in charge of any property belonging to the State, or to authorize such person to receive into his or her custody moneys, securities or property belonging to the State, and of whom a bond is not otherwise required by law, may require of such the person a bond in such penalty as such the Board, Commission or officer may prescribe, and conditioned and payable as official bonds: Provided, That any person required to give bond by any Board, Commission or officer may, in lieu of the bond, post a certificate of deposit or cash equivalent of the required bond.



NOTE: The purpose of this bill is to permit the use of a certificate of deposit or cash equivalent of any bond required of any person by the State.

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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