H. B. 2012



(By Delegate Butcher)



[Introduced February 14, 2001
; 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.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
JUDICIARY COMMITTEE AMENDMENT



On page two, section seven-a, beginning on line four, by
striking out the words: "(a) No sheriff, clerk of the county
commission, prosecuting attorney, circuit clerk or assessor" and
inserting in lieu thereof the words "(a) No county clerk, circuit
clerk, joint clerk of the county commission and circuit court, if
any, sheriff, county assessor or prosecuting attorney".



And,



On page two, section seven-a, line fourteen, by striking out
the word "for" and inserting in lieu thereof the word "during".