H. B. 2899
(By Delegate Butcher)
[Introduced February 25, 1999; referred to the
Committee on Political Subdivisions then the
Judiciary.]
A BILL to amend article seven, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section seven-a,
relating to prohibiting certain outgoing county
officeholders from spending or obligating more than fifty
percent of their budgets before the end of the calender
year.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
seven-a, to read as follows:
ARTICLE 7. TRAINING PROGRAMS FOR COUNTY EMPLOYEES, ETC.;
COMPENSATION OF ELECTED COUNTY OFFICIALS; COUNTY
ASSISTANTS, DEPUTIES AND EMPLOYEES, THEIR NUMBER AND COMPENSATION.
§7-7-7a. Limit of budget expenditures.
(a) No sheriff, clerk of the county commission, prosecuting
attorney, circuit clerk or assessor may, without the approval of
the county commission, spend or obligate, before the end of the
calender year, more than fifty percent of the funds allocated
for his or her office in the fiscal year budget, in any fiscal
year where the person holding the office is leaving office due to
either resignation or the results of an election.
(b) As used in subsection (a) of this section, "spend or
obligate" includes, but is not limited to, increasing employee
salaries to a level that would create a deficit in the budget if
paid for the remainder of the fiscal year in addition to other
anticipated expenditures.
NOTE: The purpose of this bill is to prevent lame duck
officeholders in counties from leaving their successors
insufficient funds to operate the office.
This section is new; therefore, strike-throughs and
underscoring have been omitted.