SB39 SUB1
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 39
(By Senator Ross)
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[Originating in the Committee on the Judiciary;
reported January 13, 2000.]
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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 prohibiting
county and district officers, teachers and school officials
from having a pecuniary interest in certain contracts;
establishing criminal penalties; providing for removal from
office upon conviction; prohibiting certain activities
designed to influence decisions of such public officials and
establishing criminal penalties therefor; setting forth
exceptions; and providing for the application of
constitutional provisions.
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.
§61-10-15. Pecuniary interest of county and district officers,
teachers and school officials in contracts; exceptions;
offering or giving compensation; penalties.
(a) 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.
(b) Any person or officer named who shall violate violates
any of the foregoing the provisions of subsection (a) 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 confined in the county or regional jail for a period
not to exceed one year. In addition to the foregoing these
penalties, any such
(c) Any officer person convicted of violating the provisions
of subsection (a) of this section shall also be removed from his
or her office and the certificate or certificates of any teacher,
principal, supervisor and or superintendent so convicted who
violates any provision of this section shall, upon conviction
thereof, be immediately revoked immediately: Provided, That no
person may be removed from office and no certificate may be
revoked for a violation of the provisions of this section unless
the person has first been convicted of such violation.
(d) 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 subsection (a) of 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 any compensation or other thing of value, may, in
addition to such a fine, be imprisoned confined in the county or
regional jail for a period not to exceed one year.
(e) The provisions of subsection (a) of this section do not
apply to any person who is a salaried employee of a vendor or
supplier under a contract subject to the provisions of such
subsection if the employee, his or her spouse or child:
(1) Is not a party to the contract;
(2) Is not an owner, a shareholder, a director or an officer
of a private entity under such contract;
(3) Receives no commission, bonus or other direct
remuneration or thing of value by virtue of such contract;
(4) Does not participate in the deliberations or awarding of
such contract; and
(5) Does not approve or otherwise authorize the payment for
any services performed or supplies furnished under such contract.
(f) The provisions of subsection (a) of this section do not
apply to any person who has a pecuniary interest in a bank within
the county serving or under consideration to serve as a
depository of funds for the county or board of education, as the
case may be, if the person does not participate in the
deliberations or any ultimate determination of the depository of
such funds.
(g) The provisions of this section shall do not apply to
publications in newspapers required by law to be made. by law
(h) No school employee or school official subject to the
provisions of subsection (a) of this section may be deemed to
have an interest in the sale, proceeds or profits in any book or
other thing used or to be used in the free school system of this
state, as proscribed in section nine, article XII of the
constitution of West Virginia if they qualify for the exceptions
set forth in either subsection (e) or (f) hereof.
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(NOTE: The purpose of this bill is to provide that mere
employment with a vendor or supplier under contract with a county
agency or mere pecuniary interest in a bank serving as or under
consideration to serve as a depository for county funds is not a
violation of the law if the affected person does not participate
in deliberations or authorize payments under a contract. The
bill would also require a conviction before a person could be
removed from office or have their certification revoked. Lastly,
in addition to various technical revisions, the bill clarifies
the application of our state constitution.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language
that would be added.)