H. B. 2606
(By Delegate Louisos)
[Introduced March 1, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections one and nineteen, article two,
chapter six of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, 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 sections one and nineteen, article two, chapter six of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted 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.