Senate Bill No. 34

(By Senators Ross, Anderson, Ball and Sharpe)

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[Introduced February 13, 1997; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section fifteen, article ten, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to pecuniary interest of county and district officers, teachers and school officials in contracts; offering or giving compensation; violations; criminal penalties; and providing section inapplicable with regard to individuals who, but for their status as employees of a vendor or supplier under contract with the county, would not be in violation of this section.

Be it enacted by the Legislature of West Virginia:
That section fifteen, article ten, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
ยง61-10-15. Pecuniary interest of county and district officers, teachers and school officials in contracts; exceptions; offering or giving compensation; penalties.

It shall be 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 for 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, which if, as such a member, officer, secretary, supervisor, superintendent, principal, or teacher, he or she may have any voice, influence or control: Provided, however, That nothing herein shall in this section may be construed to prevent or make unlawful the employment of the spouse of a any such 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, nor to prevent or make unlawful the employment by any joint county and circuit clerk of his or her spouse. Any person or officer named in this section who shall violate violates any of the foregoing provisions of this section shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty nor more than five hundred dollars, and may, in the discretion of the court, be imprisoned for a period not to exceed one year. In addition to the foregoing these penalties, any such officer convicted of violating the provisions of this section shall be removed from his or her office and the certificate or certificates of any teacher, principal, supervisor and or superintendent who violates any provision of this section shall, upon conviction thereof, be revoked immediately. Any person, firm or corporation that offers or gives any compensation or thing of value, or who forebears to perform any an act whatever to any of the officers or persons hereinbefore named in this section or to or for any other person, with the intent to secure the influence, support or vote of such the officer or person for any contract, service, award or other matter as to which any county or school district shall becomes or may become the paymaster, shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred, nor more than twenty-five hundred dollars, and, at in the court's discretion, of the court, such the person or any member of such the firm, or, if it be is a corporation, any agent or officer thereof of the corporation so offering or giving such compensation or other thing of value, may, in addition to such a fine, be imprisoned for a period not to exceed one year.
The provisions of this section shall do not apply to publications in newspapers required by law to be made. by law
The provisions of this section do not apply with respect to any person who, but for his or her status as an employee of a vendor or supplier under a contract subject to the provisions of this section, would not otherwise be in violation of this section.




NOTE: The purpose of this bill is to provide that mere employment with a vendor or supplier under contract with a county agency will not constitute a violation of the prohibition that county officers, including school board members, may not be pecuniarily interested in purchasing decisions over which he or she has some voice, influence or control.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.