H. B. 2927

 

         (By Delegates Manchin, Lawrence and Morgan)

         [Introduced January 28, 2011; referred to the

         Committee on Political Subdivisions then the Judiciary.]

 

 

 

 

A BILL to repeal §7-7-4a, §7-7-19 and §7-7-21 of the Code of West Virginia 1931, as amended; and to amend and reenact §7-7-2, §7-7-3, §7-7-4, §7-7-6a, §7-7-6b, §7-7-6c, §7-7-6d, §7-7-7, §7-7-7a, §7-7-9, §7-7-11, §7-7-12, §7-7-13, §7-7-14, §7-7-15, §7-7-16, §7-7-16a and §7-7-20 of said code, all relating to elected county officials; removing outdated language and requiring prosecuting attorneys to be full time; providing exceptions to the full time requirement.

Be it enacted by the Legislature of West Virginia:

    That §7-7-4a, §7-7-19 and §7-7-21 of the Code of West Virginia 1931, as amended, be repealed; and that §7-7-2, §7-7-3, §7-7-4, §7-7-6a, §7-7-6b, §7-7-6c, §7-7-6d, §7-7-7, §7-7-7a, §7-7-9, §7-7-11, §7-7-12, §7-7-13, §7-7-14, §7-7-15, §7-7-16, §7-7-16a and §7-7-20 of said code be amended and reenacted, all to read as follows:

ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.

§7-7-2. Establishment of county in-service training programs; further additional duties for prosecuting attorney in any county in excess of two hundred thousand.

    There is hereby established county in-service training programs as hereinafter set forth.

    (a) The Attorney General is hereby authorized and directed to shall establish such in-service training programs as in his or her opinion will do most to assist the prosecuting attorneys in the performance of their duties. The attorney general is authorized to accept any federal aid which may be made available or any financial assistance which may be available from any private nonprofit organization for the purposes of this section. The A prosecuting attorney in any county having a population in excess of two hundred thousand shall also discharge the additional duties imposed upon him by the provisions of section thirteen-a, article five, chapter forty-nine of this code.

    (b) The State tax commissioner Auditor is hereby authorized and directed to shall establish such in-service training programs for county commissioners, county clerks, circuit clerks, assessors, sheriffs and their assistants and employees as in his or her opinion will do most to modernize and improve the services of their respective offices.

    (c) The State Auditor in conjunction with the Supreme Court of Appeals of West Virginia shall establish in-service training programs for circuit clerks and their assistants and employees.

    (d) The State Tax Commissioner shall establish in-service training programs for assessors and their assistants and employees.

    (e) The State Tax Commissioner, Attorney General, State Auditor, and Supreme Court of Appeals of West Virginia is authorized to may accept any federal aid which may be made available or any financial assistance which may be available from any private nonprofit organization for the purpose of this article.

    (f) Each of the county officials mentioned in this section, and, at his or her option, one or more of his or her assistants, deputies and employees, shall participate in the programs established under this section.

    (g) The A county court commission is authorized and directed to shall expend funds for the purpose of reimbursing such reimburse officials and employees for the actual amount expended by them for food, lodging and registration while in attendance at meetings called by the attorney general or the tax commissioner authorized trainings. for the purpose of this section, not to exceed thirty-five dollars per day, with mileage not to exceed the rate of ten cents per mile to be computed according to the distance by the nearest practicable route for travel to and from such meetings.

§7-7-3. Classification of counties for purpose of determining compensation of elected county officials.

    (a) For the purpose of determining the compensation of elected county officials, the counties of the state of West Virginia are hereby grouped into seven classes based on their assessed valuation of property, all classes. These seven classes and the minimum and maximum valuation of property, all classes, established to determine the classification of each county are as follows:

                 Minimum Assessed        Maximum Assessed

                 Valuation of Property   Valuation of Property

Class            All Classes             All Classes

Class I          $600,000,000            No Limit

Class II         $450,000,000            $599,999,999

Class III        $200,000,000            $449,999,999

Class IV         $100,000,000            $199,999,999

Class V          $ 50,000,000            $ 99,999,999

Class VI         $ 15,000,000            $ 49,999,999

Class VII        $ 0            $ 14,999,999

    The assessed valuation of property, all classes, that shall be used as the base to determine the class of a county shall be the assessed valuation of property, all classes, of the county as certified by the county assessor, state auditor and county clerk prior to the twenty-ninth day of March, one thousand nine hundred seventy-two.

    Prior to the twenty-ninth day of March, one thousand nine hundred seventy-four, and each second year thereafter, the county court [county commission] of each county shall determine if the assessed valuation of property, all classes, of the county, as certified by the county assessor, state auditor and county clerk, is within the minimum and maximum limits of a class above or below the class in which the county then is. If the county court so determines, it shall record the new classification of the county with the state auditor and state tax commissioner and record its action on its county court [county commission] record.

    The classification of each county shall be subject to review by the state tax commissioner. He shall determine if the classification of each county is correct based on the final assessed valuation of property, all classes, certified to him by the county assessor, state auditor and county clerk. If he finds that a county is incorrectly classified, he shall notify the county court [county commission] of that county promptly of his finding and in any case shall notify the county court prior to the thirtieth day of June of that current fiscal year. Any county court [county commission] so notified shall correct its classification immediately and make any necessary corrections in the salaries of its elected county officials for the next fiscal year. Nothing in this section shall be construed as authorizing an increase in compensation except at such time as the affected county officer begins a new term of office.

    (a) (b) Effective the first day of July, one thousand nine hundred ninety-six, and thereafter, For the purpose of determining the compensation of elected county officials, the West Virginia’s counties of the state of West Virginia will shall be grouped into ten classes based on their assessed valuation of property, all classes. These ten classes and the minimum and maximum valuation of property, all classes, established to determine the classification of each county are as follows:

                  Minimum Assessed     Maximum Assessed

                Valuation of Property Valuation of Property

Class                All Classes           All Classes

Class I $ 2,000,000,000 No Limit

Class II $ 1,500,000,000 $ 1,999,999,999

Class III $ 1,000,000,000 $ 1,499,999,999

Class IV $ 700,000,000 $ 999,999,999

Class V $ 600,000,000 $ 699,999,999

Class VI $ 500,000,000 $ 599,999,999

Class VII $ 400,000,000 $ 499,999,999

Class VIII $ 300,000,000 $ 399,999,999

Class IX $ 200,000,000 $ 299,999,999

Class X $ -0- $ 199,999,999

    (b) The assessed valuation of property, all classes, that shall be used as the base to determine the class of a county shall be the certified assessed valuation of property, all classes, of the county as certified by the county assessor, state auditor and county clerk prior to March 29, 1996.

    (c) Prior to March 29, 1998, and each second year thereafter, the a county commission of each county, shall determine if the certified assessed valuation of property, all classes, of the county as certified by the county assessor, state auditor and county clerk is within the minimum and maximum limits of a class above or below the class in which the county then is. If the county commission so determines, it changes classifications, it shall record the new classification of the county with the State Auditor and State Tax Commissioner and record its action on its county commission record.

    (d) The classification of each county shall be A county’s classification is subject to review by the State tax commissioner Auditor. He The State Auditor shall determine if the classification of each county is correct based on the final assessed valuation of property, all classes. certified to him by the county assessor, state auditor and county clerk. If he the State Auditor finds that a county is incorrectly classified, he the State Auditor shall promptly notify the county commission of that county promptly of his the finding. and in any case shall notify the county prior to the thirtieth day of June of that current fiscal year. Any The county commission so notified shall correct its classification immediately and make any necessary corrections in the salaries of its elected county officials for the next fiscal year.

    Notwithstanding the provisions of this article, whenever any other provision of this code refers to classifications of counties for purposes of imposing any right, duty or responsibility, the classification system set forth in subsection (a) of this section shall be utilized for determining the classification of a particular county.

§7-7-4. Compensation of elected county officials and county commissioners for each class of county; effective date.

    (a)(1) All county commissioners shall be paid compensation out of the county treasury in amounts and according to the schedule set forth in subdivision (2) of this subsection for each class of county as determined by the provisions of section three of this article: Provided, That as to any county having a tribunal in lieu of a county commission, the county commissioners of the county may be paid less than the minimum compensation limits of the county commission for the particular class of such county.

                 (2) COUNTY COMMISSIONERS

              Class I              $20,000

              Class II             $15,500

              Class III            $14,000

              Class IV             $10,000

              Class V              $ 7,000

              Class VI             $ 4,000

    (3) The compensation, set out in subdivision (2) of this subsection, shall be paid on and after the first day of January, one thousand nine hundred eighty-five, to each county commissioner. Within each county, every county commissioner whose term of office commenced prior to the first day of January, one thousand nine hundred eighty-five, shall receive the same annual compensation as commissioners commencing a term of office on or after that date by virtue of the new duties imposed upon county commissioners pursuant to the provisions of chapter fifteen, acts of the Legislature, first extraordinary session, one thousand nine hundred eighty-three.

    (4) For the purpose of determining the compensation to be paid to the elected county officials of each county, the compensations for each office by class, set out in subdivision (5) of this subsection, are established and shall be used by each county commission in determining the compensation of each of their county officials other than compensation of members of the county commission.

(5) OTHER ELECTED OFFICIALS

                      County     Circuit          Prosecuting

           Sheriff     Clerk      Clerk   Assessor Attorney

Class I    $24,200    $31,300    $31,300  $24,200    $41,500

Class II   $24,200    $28,000    $28,000  $24,200    $39,500

Class III  $24,200    $28,000    $28,000  $24,200    $30,000

Class IV   $22,300    $24,000    $24,000  $22,300    $26,500

Class V    $20,400    $22,000    $22,000  $20,400    $23,500

Class VI   $17,200    $17,200    $17,200  $17,200    $17,000

    (6) Any county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, county assessor, sheriff and prosecuting attorney of a Class I county, any assessor of a Class II and Class III county, any sheriff of a Class II and Class III county and any prosecuting attorney of a Class II county shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any public official, whose term of office begins when his or her county’s classification imposes no restriction on his or her outside activities, shall not be restricted on his or her outside activities during the remainder of the term for which he or she is elected. The compensation, set out in subdivision (5) of this subsection, shall be paid on and after the first day of January, one thousand nine hundred eighty-five, to each elected county official.

    (7) In the case of a county that has a joint clerk of the county commission and circuit court, the compensation of the joint clerk shall be fixed in an amount twenty-five percent higher than the compensation would be fixed for the county clerk if it had separate offices of county clerk and circuit clerk.

    (8) The Legislature finds that the duties imposed upon county clerks by the provisions of chapter sixty-four, Acts of the Legislature, regular session, one thousand nine hundred eighty-two, and by chapter fifteen, Acts of the Legislature, first extraordinary session, one thousand nine hundred eighty-three, constitute new and additional duties for county clerks and as such justify the additional compensation provided in this section without violating the provisions of section thirty-eight, article VI of the Constitution of West Virginia.

    (9) The Legislature further finds that the duties imposed upon circuit clerks by the provisions of chapters sixty-one and one hundred eighty-two, Acts of the Legislature, regular session, one thousand nine hundred eighty-one, and by chapter sixty, Acts of the Legislature, regular session, one thousand nine hundred eighty-three, constitute new and additional duties for circuit clerks and as such justify the additional compensation provided by this section without violating the provisions of section thirty-eight, article VI of the Constitution of West Virginia.

    (b)(1) Prior to the primary election in the year one thousand nine hundred ninety-two, and for the fiscal year beginning on the first day of July, one thousand nine hundred ninety-two, or for any subsequent fiscal year if the approval, set out in subdivision (2) of this subsection, is not granted for any fiscal year, and at least thirty days prior to the meeting to approve the county budget, the commission shall provide notice to the public of the date and time of the meeting and that the purpose of the meeting of the county commission is to decide upon their budget certification to the Auditor.

    (2) Upon submission by the county commission to the Auditor of a proposed annual budget which contains anticipated receipts into the county’s general revenue fund, less anticipated moneys from the unencumbered fund balance, equal to anticipated receipts into the county’s general revenue fund, less anticipated moneys from the unencumbered fund balance and any federal or state special grants, for the immediately preceding fiscal year, plus such additional amount as is necessary for payment of the increases in the salaries set out in subdivisions (3) and (5) of this subsection, and related employment taxes over that paid for the immediately preceding fiscal year, and upon approval thereof by the Auditor, which approval shall not be granted for any proposed annual budget containing anticipated receipts which are unreasonably greater or lesser than that of the immediately preceding fiscal year, for the purpose of determining the compensation to be paid to the elected county officials of each county office by class are established and shall be used by each county commission in determining the compensation of each of their county officials: Provided, That as to any county having a tribunal in lieu of a county commission, the county commissioners of the county may be paid less than the minimum compensation limits of the county commission for the particular class of the county.

(3) COUNTY COMMISSIONERS

              Class I                 $24,000

              Class II                $18,600

              Class III               $16,800

              Class IV                $12,000

              Class V                 $ 8,400

    (4) If the approval, set out in subdivision (2) of this subsection, is granted, the compensation, set out in subdivision (3) of this subsection, shall be paid on and after the first day of January, one thousand nine hundred ninety-three, to each county commissioner. Within each county, every county commissioner shall receive the same annual compensation by virtue of the new duties imposed upon county commissioners pursuant to the provisions of chapter one hundred seventy-two, Acts of the Legislature, second regular session, one thousand nine hundred ninety and chapter five, Acts of the Legislature, third extraordinary session, one thousand nine hundred ninety.

(5) OTHER ELECTED OFFICIALS

                      County     Circuit          Prosecuting

           Sheriff     Clerk      Clerk   Assessor   Attorney

Class I    $29,040    $37,560    $37,560  $29,040    $59,500

Class II   $29,040    $33,600    $33,600  $29,040    $59,500

Class III  $29,040    $33,600    $33,600  $29,040    $36,000

Class IV   $26,760    $28,800    $28,800  $26,760    $31,800

Class V    $24,480    $26,400    $26,400  $24,480    $28,200

Class VI   $24,480    $26,400    $26,400  $24,480    $28,200

    (6) Any county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, county assessor, sheriff and prosecuting attorney of a Class I county, any assessor of a Class II and Class III county, any sheriff of a Class II and Class III county and any prosecuting attorney of a Class II county shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any public official, whose term of office begins when his or her county’s classification imposes no restriction on his or her outside activities, shall not be restricted on his or her outside activities during the remainder of the term for which he or she is elected. If the approval, set out in subdivision (2) of this subsection, is granted, the compensation, set out in subdivision (5) of this subsection, shall be paid on and after the first day of January, one thousand nine hundred ninety-three, to each elected county official.

    (7) In the case of a county that has a joint clerk of the county commission and circuit court, the compensation of the joint clerk shall be fixed in an amount twenty-five percent higher than the compensation would be fixed for the county clerk if it had separate offices of county clerk and circuit clerk.

    (8) Prior to the primary election in the year one thousand nine hundred ninety-two, in the case of a Class III, Class IV or Class V county which has a part-time prosecuting attorney, the county commission may find that such facts and circumstances exist that require the prosecuting attorney to devote full-time to his or her public duties for the four-year term, beginning the first day of January, one thousand nine hundred ninety-three. If the county commission makes such a finding, it may by proper order adopted and entered, require the prosecuting attorney who takes office on the first day of January, one thousand nine hundred ninety-three, to devote full-time to his or her public duties and the county commission shall then compensate said prosecuting attorney at the same rate of compensation as that of a prosecuting attorney in a Class II county.

    (9) For any county: (A) Which on and after the first day of July, one thousand nine hundred ninety-four, is classified as a Class II county; and (B) which prior to such date was classified as a Class III, Class IV or Class V county and maintained a part-time prosecuting attorney, the county commission may elect to maintain the prosecuting attorney as a part-time prosecuting attorney: Provided, That prior to the first day of January, one thousand nine hundred ninety-six, the county commission shall make a finding, by proper order and entered, whether to maintain a full-time or part-time prosecuting attorney. The part-time prosecuting attorney shall be compensated at the same rate of compensation as that of a prosecuting attorney in the class for the county prior to being classified as a Class II county.

    (c)(1) Prior to the primary election in the year one thousand nine hundred ninety-six, and for the fiscal year beginning on the first day of July, one thousand nine hundred ninety-six, or for any subsequent fiscal year if the approval, set out in subdivision (2) of this subsection, is not granted for any fiscal year, and at least thirty days prior to the meeting to approve the county budget, the commission shall provide notice to the public of the date and time of the meeting and that the purpose of the meeting of the county commission is to decide upon their budget certification to the Auditor.

    (2) Upon submission by the county commission to the Auditor of a proposed annual budget which contains anticipated receipts into the county's general revenue fund, less anticipated moneys from the unencumbered fund balance, equal to anticipated receipts into the county's general revenue fund, less anticipated moneys from the unencumbered fund balance and any federal or state special grants, for the fiscal year beginning the first day of July, one thousand nine hundred ninety-six, plus such additional amount as is necessary for payment of the increases in the salaries set out in subdivisions (3) and (6) of this subsection, and related employment taxes over that paid for the immediately preceding fiscal year, and upon approval thereof by the Auditor, which approval shall not be granted for any proposed annual budget containing anticipated receipts which are unreasonably greater or lesser than that of the immediately preceding fiscal year for the purpose of determining the compensation to be paid to the elected county officials of each county office by class are established and shall be used by each county commission in determining whether county revenues are sufficient to pay the compensation mandated herein for their county officials: Provided, That as to any county having a tribunal in lieu of a county commission, the county commissioners of the county may be paid less than the minimum compensation limits of the county commission for the particular class of the county: Provided, however, That should there be an insufficient projected increase in revenues to pay the increased compensation and related employment taxes, then the compensation of that county's elected officials shall remain at the level in effect at the time certification was sought.

(3) COUNTY COMMISSIONERS

              Class I                 $28,000

              Class II                $27,500

              Class III               $27,000

              Class IV                $26,500

              Class V                 $26,000

              Class VI                $21,500

              Class VII               $21,000

              Class VIII              $19,000

              Class IX                $18,500

              Class X                 $15,000

    (4) The compensation, set out in subdivision (3) of this subsection, shall be paid on and after the first day of January, one thousand nine hundred ninety-seven, to each county commissioner. Every county commissioner in each county, whose term of office commenced prior to or on or after the first day of January, one thousand nine hundred ninety-seven, shall receive the same annual compensation by virtue of legislative findings of extra duties as set forth in section one of this article.

    (5) For the purpose of determining the compensation to be paid to the elected county officials of each county, the compensations for each county office by class, set out in subdivision (6) of this subsection, are established and shall be used by each county commission in determining the compensation of each of their county officials other than compensation of members of the county commission.

(6) OTHER ELECTED OFFICIALS

                     County   Circuit              Prosecuting

            Sheriff   Clerk    Clerk    Assessor     Attorney

Class I     $34,000  $42,000  $42,000   $34,000      $76,000

Class II    $33,500  $41,500  $41,500   $33,500      $74,000

Class III   $33,250  $40,500  $40,500   $33,250      $72,000

Class IV    $33,000  $40,250  $40,250   $33,000      $70,000

Class V     $32,750  $40,000  $40,000   $32,750      $68,000

Class VI    $32,500  $37,500  $37,500   $32,500      $45,000

Class VII   $32,250  $37,000  $37,000   $32,250      $43,000

Class VIII  $32,000  $36,500  $36,500   $32,000      $41,000

Class IX    $31,750  $36,000  $36,000   $31,750      $38,000

Class X     $29,000  $32,000  $32,000   $29,000      $35,000

    (7) The compensation, set out in subdivision (6) of this subsection, shall be paid on and after the first day of January, one thousand nine hundred ninety-seven, to each elected county official. Any county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, county assessor or sheriff of a Class I through Class V county, inclusive, any assessor or any sheriff of a Class VI through Class IX county, inclusive, shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any public official, whose term of office begins when his or her county's classification imposes no restriction on his or her outside activities, shall not be restricted on his or her outside activities during the remainder of the term for which he or she is elected.

    (8) In the case of a county that has a joint clerk of the county commission and circuit court, the compensation of the joint clerk shall be fixed in an amount twenty-five percent higher than the compensation would be fixed for the county clerk if it had separate offices of county clerk and circuit clerk.

    (9) Any prosecuting attorney of a Class I through Class V county, inclusive, shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any county which under the prior provisions of this section was classified as a Class II county and elected to maintain a part-time prosecutor may continue to maintain a part-time prosecutor, until such time as the county commission, on request of the part-time prosecutor, approves and makes a finding, by proper order entered, that the prosecuting attorney shall devote full-time to his or her public duties. The county commission shall then compensate said prosecuting attorney at the same rate of compensation as that of a prosecuting attorney in a Class V county: Provided, however, That any county which under the prior provisions of this section was classified as a Class II county and which did not elect to maintain a part-time prosecutor shall maintain a full-time prosecuting attorney and shall compensate said prosecuting attorney at the same rate of compensation as that of a prosecuting attorney in a Class V county: Provided further, That, until the first day of January, two thousand one, when a vacancy occurs in the office of prosecuting attorney prior to the end of a term, the county commission of a Class IV or Class V county may elect to allow the position to become part-time for the end of that term, and thereafter the position of prosecuting attorney shall become full-time.

    (d)(1) The increased salaries to be paid to the county commissioners and the other elected county officials described in this subsection on and after the first day of July, two thousand two, are set out in subdivisions (5) and (7) of this subsection. Every county commissioner and elected county official in each county, whose term of office commenced prior to or on or after the first day of July, two thousand two, shall receive the same annual salary by virtue of legislative findings of extra duties as set forth in section one of this article.

    (2) Before the increased salaries, as set out in subdivisions (5) and (7) of this subsection, are paid to the county commissioners and the elected county officials, the following requirements must be met:

    (A) The Auditor has certified that the proposed annual county budget for the fiscal year beginning the first days of July, two thousand two, has increased over the previous fiscal year in an amount sufficient for the payment of the increase in the salaries, set out in subdivisions (5) and (7) of this subsection, and the related employment taxes: Provided, That the Auditor may not approve the budget certification for any proposed annual county budget containing anticipated receipts which are unreasonably greater or lesser than that of the previous year. For purposes of this subdivision, the term “receipts” does not include unencumbered fund balance or federal or state grants; and

    (B) Each county commissioner or other elected official described in this subsection in office on the effective date of the increased salaries provided by this subsection who desires to receive the increased salary has prior to that date filed in the office of the clerk of the county commission his or her written agreement to accept the salary increase. The salary for the person who holds the office of county commissioner or other elected official described in this subsection who fails to file the written agreement as required by this paragraph shall be the salary for that office in effect immediately prior to the effective date of the increased salaries provided by this subsection until the person vacates the office or his or her term of office expires, whichever first occurs.

    (3) If there is an insufficient projected increase in revenues to pay the increased salaries and the related employment taxes, then the salaries of that county’s elected officials and commissioners shall remain at the level in effect at the time certification was sought.

    (4) In any county having a tribunal in lieu of a county commission, the county commissioners of that county may be paid less than the minimum salary limits of the county commission for that particular class of the county.

(5) COUNTY COMMISSIONERS

                 Class I               $30,800

                 Class II              $30,250

                 Class III             $29,700

                 Class IV              $29,150

                 Class V               $28,600

                 Class VI              $23,650

                 Class VII             $23,100

                 Class VIII            $20,900

                 Class IX              $20,350

                 Class X               $16,500

    (6) For the purpose of determining the salaries to be paid to the elected county officials of each county, the salaries for each county office by class, set out in subdivision (7) of this subsection, are established and shall be used by each county commission in determining the salaries of each of their county officials other than salaries of members of the county commission.

(7) OTHER ELECTED OFFICIALS

                       County   Circuit            Prosecuting

             Sheriff   Clerk    Clerk   Assessor  Attorney

Class I      $37,400  $46,200  $46,200  $37,400  $83,600

Class II     $36,850  $45,650  $45,650  $36,850  $81,400

Class III    $36,575  $44,550  $44,550  $36,575  $79,200

Class IV     $36,300  $44,295  $44,295  $36,300  $77,000

Class V      $36,025  $44,000  $44,000  $36,025  $74,800

Class VI     $35,750  $41,250  $41,250  $35,750  $49,500

Class VII    $35,475  $40,700  $40,700  $35,475  $47,300

Class VIII   $35,200  $40,150  $40,150  $35,200  $45,100

Class IX     $34,925  $39,600  $39,600  $34,925  $41,800

Class X      $31,900  $35,200  $35,200  $31,900  $38,500

    (8) Any county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, county assessor or sheriff of a Class I through Class V county, inclusive, any assessor or any sheriff of a Class VI through Class IX county, inclusive, shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any public official, whose term of office begins when his or her county’s classification imposes no restriction on his or her outside activities, may not be restricted on his or her outside activities during the remainder of the term for which he or she is elected.

    (9) In the case of a county that has a joint clerk of the county commission and circuit court, the salary of the joint clerk shall be fixed in an amount twenty-five percent higher than the salary would be fixed for the county clerk if it had separate offices of county clerk and circuit clerk.

    (10) Any prosecuting attorney of a Class I through Class V county, inclusive, shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any county which under the prior provisions of this section was classified as a Class II county and elected to maintain a part-time prosecutor may continue to maintain a part-time prosecutor, until such time as the county commission, on request of the part-time prosecutor, approves and makes a finding, by proper order entered, that the prosecuting attorney shall devote full-time to his or her public duties. The county commission shall then compensate said prosecutor at the same salary as that of a prosecuting attorney in a Class V county: Provided, however, That any county which under the prior provisions of this section was classified as a Class II county and which did not elect to maintain a part-time prosecutor shall maintain a full-time prosecuting attorney and shall compensate said prosecuting attorney at the same salary as that of a prosecuting attorney in a Class V county: Provided further, That, until the first day of January, two thousand three, when a vacancy occurs in the office of prosecuting attorney prior to the end of a term, the county commission of a Class IV or Class V county may elect to allow the position to become part-time for the end of that term and thereafter the position of prosecuting attorney shall become full-time: And provided further, That a prosecuting attorney for a Class VI county which subsequently becomes a Class V county on or before the first day of July, two thousand ten, may continue as a part-time attorney, and continue to be compensated at the Class VI county level, until such time as determined by the prosecuting attorney and the county commission that a full-time prosecuting attorney is needed.

    (e) (1) The increased salaries to be paid to the county commissioners and the other elected county officials described in this subsection on and after July 1, 2006 are set out in subdivisions (5) and (7) of this subsection. Every county commissioner and elected county official in each county, whose term of office commenced prior to or on or after July 1, 2006, shall receive the same annual salary by virtue of legislative findings of extra duties as set forth in section one of this article.

    (2) Before the increased salaries, as set out in subdivisions (5) and (7) of this subsection, are paid to the county commissioners and the elected county officials, the following requirements must be met:

    (A) The Auditor has certified that the proposed annual county budget for the fiscal year beginning July 1, 2006, has increased over the previous fiscal year in an amount sufficient for the payment of the increase in the salaries, set out in subdivisions (5) and (7) of this subsection, and the related employment taxes: Provided, That the Auditor may not approve the budget certification for any proposed annual county budget containing anticipated receipts which are unreasonably greater or lesser than that of the previous year. For purposes of this subdivision, the term “receipts” does not include unencumbered fund balance or federal or state grants; and

    (B) Each county commissioner or other elected county official described in this subsection in office on the effective date of the increased salaries provided by this subsection who desires to receive the increased salary has prior to that date filed in the office of the clerk of the county commission his or her written agreement to accept the salary increase. The salary for the person who holds the office of county commissioner or other elected county official described in this subsection who fails to file the written agreement as required by this paragraph shall be the salary for that office in effect immediately prior to the effective date of the increased salaries provided by this subsection until the person vacates the office or his or her term of office expires, whichever first occurs.

    (3) If there is an insufficient projected increase in revenues to pay the increased salaries and the related employment taxes, then the salaries of that county’s elected officials and commissioners shall remain at the level in effect at the time certification was sought.

    (4) In any county having a tribunal in lieu of a county commission, the county commissioners of that county may be paid less than the minimum salary limits of the county commission for that particular class of the county.(5) COUNTY COMMISSIONERS

                 Class I               $36,960

                 Class II              $36,300

                 Class III             $35,640

                 Class IV              $34,980

                 Class V               $34,320

                 Class VI              $28,380

                 Class VII             $27,720

                 Class VIII            $25,080

                 Class IX              $24,420

                 Class X               $19,800

    (6) For the purpose of determining the salaries to be paid to the elected county officials, of each county, the salaries for each county office by class, set out in subdivision (7) of this subsection, are established and shall be used by each county commission in determining the salaries of each of their county officials other than salaries of members of the county commission.

(7)              OTHER ELECTED OFFICIALS

                       County   Circuit       Prosecuting

             Sheriff Clerk    Clerk    Assessor  Attorney

Class I      $44,880  $55,440  $55,440  $44,880   $ 96,600

Class II     $44,220  $54,780  $54,780  $44,220   $ 94,400

Class III    $43,890  $53,460  $53,460  $43,890   $ 92,200

Class IV     $43,560  $53,154  $53,154  $43,560   $ 90,000

Class V      $43,230  $52,800  $52,800  $43,230   $ 87,800

Class VI     $42,900  $49,500  $49,500  $42,900   $ 59,400

Class VII    $42,570  $48,840  $48,840  $42,570   $ 56,760

Class VIII   $42,240  $48,180  $48,180  $42,240   $ 54,120

Class IX     $41,910  $47,520  $47,520  $41,910   $ 50,160

Class X      $38,280  $42,240  $42,240  $38,280   $ 46,200

    (8) Any county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any county assessor or sheriff of a Class I through Class V county, inclusive, any assessor or any sheriff of a Class VI through Class IX county, inclusive, shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any public official, whose term of office begins when his or her county’s classification imposes no restriction on his or her outside activities, may not be restricted on his or her outside activities during the remainder of the term for which he or she is elected.

    (9) In the case of a county that has a joint clerk of the county commission and circuit court, the salary of the joint clerk shall be fixed in an amount twenty-five percent higher than the salary would be fixed for the county clerk if it had separate offices of county clerk and circuit clerk.

    (10) (9) Any A prosecuting attorney of a Class I through Class V county inclusive, shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any county which under the prior provisions of this section was classified as a Class II county and elected to maintain a part-time prosecutor may continue to maintain a part-time prosecutor, until such time as the county commission, on request of the part-time prosecutor, approves and makes a finding, by proper order entered, that the prosecuting attorney shall devote full-time to his or her public duties. The county commission shall then compensate said prosecutor at the same salary as that of a prosecuting attorney in a Class V county: Provided, however, That any county which under the prior provisions of this section was classified as a Class II county and which did not elect to maintain a part-time prosecutor shall maintain a full-time prosecuting attorney and shall compensate said prosecuting attorney at the same salary as that of a prosecuting attorney in a Class V county: Provided, further, That a prosecuting attorney for a Class VI county which subsequently becomes a Class V county on or before the July 1, 2010, may continue as a part-time attorney, and continue to be compensated at the Class VI county level, until such time as determined by the prosecuting attorney and the county commission that a full-time prosecuting attorney is needed.

    On and after January 1, 2013, prosecuting attorneys shall devote full-time to their public duties: Provided, That any currently serving part-time prosecutor who seeks office for a new term may continue in the part-time capacity until such time as that part-time prosecutor leaves office.

§7-7-6a. Assessors; additional compensation; additional duties.

    In addition to the salary or compensation provided elsewhere in this article, the a county commission of each county shall annually pay to the assessor on an annual basis, on and after July one, one thousand nine hundred seventy-seven, additional compensation in accordance with the provisions of this section and section six-b of this article for such additional duties required of him by this section.

    To receive such additional compensation, the following duties are hereby imposed upon every assessor of this state shall:

    (1) He shall Annually complete a sales ratio analysis in a manner prescribed by the state Tax Commissioner.

    (2) He shall Annually on or before December 1, present to the Tax Commissioner a list of real property transfers of the prior assessment year. by December first annually.

    (3) He shall Annually on or before December 1, first of each year supply a list of new construction and improvements exceeding $1,000 of the previous assessment year on forms prescribed by the State Tax Commissioner.

    (4) He shall Annually on or before December 1, of each year supply a list of new businesses added to the assessment rolls and businesses that have discontinued operations in the previous assessment year and been removed from the assessment rolls.

    (5) He shall Provide assistance to the Tax Commissioner to disseminate information with respect to the taxation, classification and valuation of nonutility and public utility property to the end that all property shall be more equally and uniformly assessed throughout the state.

    (6) He shall Annually assist the Tax Commissioner in determining the current use of such real property in his county as the Tax Commissioner may require to accomplish a uniform appraisal and assessment of real property.

    The These duties hereinbefore listed must be substantially completed by the assessor no later than November 1 of each year. and each The assessor shall certify to the Tax Commissioner that he has substantially completed such duties in accordance with requirements of the Tax Commissioner. If at this time there has been substantial completion of the above duties to the satisfaction of the Tax Commissioner, the Tax Commissioner shall, but no later than November 15 of each year, certify to the county commission that the assessor has substantially performed these duties, and is entitled to the remuneration provided for in section six-b of this article.

§7-7-6b. Additional compensation of assessors according to county classification.

    For the purpose of determining The additional compensation to be paid to the county assessor is as follows: of each county for the additional duties provided by section six-a of this article, the following compensations for each county assessor by class, as provided in section three of this article, are hereby established and shall be used by each county commission in determining the compensation of each county assessor; for Assessors in

    Class I - V counties - inclusive, $15,000;

    for assessors in Class VI and VII counties - $10,000;

    for assessors in Class VIII and IX counties - $9,000; and,

    for assessors in Class X counties, $6,500.

    Notwithstanding this section or any other section of the code to the contrary, in no event shall the additional compensation paid to the county assessors for performance of additional duties as provided in section six-a of this article be less than the additional compensation such county assessors received on the first day of January, one thousand nine hundred seventy-six.

§7-7-6c. Additional compensation of assessor.

    The A county commission of each county shall allow the assessor a reasonable compensation, not exceeding ten percent of his or her salary, as provided by section four of this article, for such work as may be required of him or her under article one, chapter nineteen of this code, by the Commissioner of Agriculture, and no a county commission shall may not allow pay to assessor for performance of duties herein prescribed until such the assessor has received a certificate that his or her reports are completed and satisfactory to said the commissioner.

§7-7-6d. Collection of head tax on dogs; duties of assessor and sheriff; registration of dogs; disposition of head tax; taxes on dogs not collected by assessor.

    (a) It shall be the duty of the A county assessor and his or her deputies shall of each county within the state, at the time they are making assessment of the personal property within such county, to assess and collect a head tax of $1 on each male or spayed female dog and $2 on each unspayed female dog; and in addition to the above, the assessor and his or her deputies shall have the further duty of collecting any such head tax on dogs as may be levied by the ordinances of each and every municipality within the county.

    (b) In the event that If the owner, keeper, or person having in his or her possession or allowing to remain on any premises under his or her control any dog above the age of six months, refuse or fail refuses or fails to pay such the tax, when the same tax is assessed or within fifteen days thereafter, to the assessor or deputy assessor, then such the assessor or deputy assessor shall certify such the tax to the county dog warden; if there be is no county dog warden he or she shall certify such tax to the county sheriff, who shall take charge of the dog for which the tax is delinquent and impound the same dog for a period of fifteen days, for which service he or she shall be allowed a fee of $1.50 to be charged against such the delinquent taxpayer in addition to the taxes herein provided for in this section.

    (c) In case If the tax and impounding charge herein provided for in this section shall has not have been paid within the period of fifteen days, then the sheriff may sell the impounded dog and deduct the impounding charge and the delinquent tax from the amount received therefor, and return the balance, if any, to the delinquent taxpayer. Should the sheriff fail to sell the dog so impounded within the time specified herein, he shall kill such dog and dispose of its body.

    (d) At the same time as the head tax is assessed, the assessor and his or her deputies shall, on the forms prescribed under section four, article twenty, chapter nineteen of this code, take down the:

    (1) Age;

    (2) Sex;

    (3) Color;

    (4) Character of hair (long or short); and

    (5) Breed (if known); and

    (6) The name and address of the owner, keeper or harborer thereof of the dog.

    (e) When the head dog tax, and extra charges, if any, are paid, the officer to whom payment is made shall issue a certificate of registration and a registration tag for such the dog.

    (f) In addition to the assessment and registration above provided for, Whenever a dog either is acquired or becomes six months of age, after the assessment of the personal property of the owner, keeper or harborer thereof, the said owner, keeper or harborer of said the dog shall, within ten days after the acquisition or maturation, register the said dog with the assessor, and pay the head tax thereon unless the prior owner, keeper or harborer paid the head tax.

    (g) All certificates of A registration and registration tags are issued pursuant to the provisions of this section shall be issued for the fiscal year and shall be and are valid from the date on which issued until June 30 of that fiscal year, or until reissued by the assessor or his or her deputy, in the regular performance of his duties, but in no case shall may a previous registration and registration tags be valid after September 30 of the next ensuing fiscal year.

    (h) The assessor collecting the head tax on dogs shall be is allowed a commission of ten percent upon all such dog taxes collected by him and shall turn in ninety percent to the county treasurer. ninety percent of such taxes so collected, as are levied by this section; and The assessor shall turn over to the treasurer or other proper officer of each and every a municipality within the county ninety percent of such dog taxes levied by the ordinances of such the municipality. All such

    (i) Dog taxes, except those belonging to municipalities, shall be accredited to the dog and kennel fund provided for in section ten, article twenty, chapter nineteen of this code. Such Dog taxes as are collected for and turned over to municipalities shall be deposited by the proper officer of such the municipality to such a fund and shall be expended in such a manner as the law of such municipality may provide provided for by ordinance.

    (j) All dog taxes on dogs not collected by the assessor shall be collected by the regular tax collecting officer of the county and placed to the credit of the dog and kennel fund.

§7-7-7. County assistants, deputies and employees; their number and compensation; county budget.

    (a) The county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, sheriff, county assessor and prosecuting attorney, by and with the advice and consent of the county commission, may appoint and employ, to assist them in the discharge of their official duties for and during their respective terms of office, assistants, deputies and employees. The county clerk may designate one or more of his or her assistants as responsible for all probate matters.

    (b) The county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, sheriff, county assessor and prosecuting attorney shall, prior to March 2 of each year, file with the county commission a detailed request for appropriations for anticipated or expected expenditures for their respective offices, including the compensation for their assistants, deputies and employees, for the ensuing fiscal year.

    (c) The county commission shall, prior to March 29 of each year by order fix the total amount of money to be expended by the county for the ensuing fiscal year, which amount shall include the compensation of county assistants, deputies and employees. Each county commission shall enter its order upon its county commission record.

    (d) The county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, sheriff, county assessor and prosecuting attorney shall then fix the compensation of their assistants, deputies and employees based on the total amount of money designated for expenditure by their respective offices by the county commission and the amount expended shall may not exceed the total expenditure designated by the county commission for each office.

    (e) The county officials, in fixing the individual compensation of their assistants, deputies and employees and the county commission in fixing the total amount of money to be expended by the county, shall give due consideration to the duties, responsibilities and work required of the assistants, deputies and employees and their compensation shall be reasonable and proper.

    (f) After the county commission has fixed the total amount of money to be expended by the county for the ensuing fiscal year and after each county official has fixed the compensation of each of his or her assistants, deputies and employees, as provided in this section, each county official shall file prior to June 30, with the clerk of the county commission, a budget statement for the ensuing fiscal year setting forth the name, or the position designation if then vacant, of each of his or her assistants, deputies and employees, the period of time for which each is employed, or to be employed if the position is then vacant, and his or her monthly or semimonthly compensation.

    (g) All budget statements required to be filed by this section shall be verified by an affidavit by the county official making them. Among other things contained in the affidavit shall be the statement that the amounts shown in the budget statement are the amounts actually paid or intended to be paid to the assistants, deputies and employees without rebate, and without any agreement, understanding or expectation that any part thereof shall be repaid to him or her, and that, prior to the time the affidavit is made, nothing has been paid or promised him or her on that account, and that if he or she shall thereafter receive any money, or thing of value, on account thereof, he or she will account for and pay the same to the county. Until the statements required by this section have been filed, no allowance allowances or payments shall may not be made to any county official or their assistants, deputies and employees.

    (h) Each county official named in this section shall have the authority to may discharge any of his or her assistants, deputies or employees by filing with the clerk of the county commission a discharge statement specifying the discharge action: Provided, That no any deputy sheriff appointed pursuant to the provisions of article fourteen, chapter seven of this code, shall may not be discharged contrary to the provisions of that article.

§7-7-7a. Limit of budget expenditures.

    (a) No A county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, sheriff, county assessor or prosecuting attorney may not, without the approval of the county commission, spend or obligate, before the end of the calendar 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 during the remainder of the fiscal year in addition to other anticipated expenditures.

§7-7-9. Procedure for payment of compensation.

    The compensation of the county clerk, circuit clerk, joint clerk of the county and circuit court, if any, sheriff, county assessor, prosecuting attorney, and their assistants, deputies and employees shall be paid monthly or semimonthly by the county court, which compensation shall be paid out of the county treasury in the manner prescribed by law.

    The county court commission, after the filing of the budget statement specified in section seven of this article, may, by order of record, authorize and order a draft on the county treasurer, payable out of the general county fund, to be drawn in favor of the county official, assistant, deputy or employee named in this statement, in payment of the compensation to which the person is entitled.

    The draft shall may not be issued to the county official, assistant, deputy or employee until the proper county official has filed a detailed monthly or semimonthly statement with the county treasurer and has filed with the county clerk a duplicate copy of the monthly or semimonthly statement, together with a receipt from the county treasurer, showing that the person to be paid has paid into the county treasury all moneys belonging to the county that have been collected by him during that pay period as shown by the monthly or semimonthly statement.

    When the order for the draft has been entered of record, the president and clerk of the county court shall be authorized to issue and approve by their signature the draft.

§7-7-11. Illegal orders for compensation.

    If any clerk shall issue and deliver issues and delivers a draft to any county clerk, circuit clerk, joint clerk of the county and circuit court, if any, sheriff, county assessor, prosecuting attorney, or any of their assistants, deputies or employees, in payment of their compensation, without all the applicable requirements of this article being complied with, the draft so issued and delivered shall be is illegal and invalid. The clerk and the sureties on his or her bond shall be are liable to the county court commission of his or her county for the payment thereof.

§7-7-12. Sharing compensation prohibited.

    No A county official shall may not receive or be paid, directly or indirectly, any part of the compensation of any assistant, deputy or employee, or any fee or reward for appointing him to his position. No A member of a county court commission shall may not receive or be paid, directly or indirectly, any part of the compensation of any other county officer named in this article, or of any county assistant, deputy or employee. If any county commissioner or county official violates the provisions of this section, he shall be the commissioner or official is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500, or imprisoned in the county jail not more than one year, or both fined and imprisoned. Any county commissioner or county official so convicted shall forfeit his or her office.

§7-7-13. Allowance for expenses of sheriff.

    The county commission of every county having a population of thirty thousand or less as determined by the latest official census available and which, as provided in section two-a, article eight of this chapter, has directed the sheriff as jailer to feed prisoners shall, in addition to his or her compensation, allow to the sheriff for keeping and feeding each prisoner, other than federal prisoners or prisoners held under civil process as provided by law, not more than five dollars per day for each prisoner.

    The limitation per day shall not include cost of personal service, bed or bedding, soaps and disinfectants and items of like kind, the cost of which shall be paid out of the allowance fixed by the county commission under the provisions of present law.

    All supplies of whatever kind for keeping and feeding prisoners shall be purchased upon the requisition of the sheriff under rules prescribed by the county commission. At the end of each month the sheriff shall file with the county commission a detailed statement showing the name of each prisoner, date of commitment, date of discharge, the number of days in jail and an itemized statement showing each purchase and the cost for keeping and feeding prisoners.

    The A county commission of every county shall allow the actual and necessary expenses incurred by the sheriff in the discharge of his or her duties including, but not limited to, those incurred in arresting, pursuing or transporting persons accused or convicted of crimes and offenses; in the cost of law-enforcement and safety equipment; in conveying or transporting a prisoner from and to jail to participate in court proceedings; and in conveying or transferring any person to or from any state institution where he or she may be committed from his or her county, where the sheriff is authorized to convey or transfer the person: Provided, That the law-enforcement agency that places a person under arrest shall be is responsible for the person’s initial transportation to a regional or county jail, except where there is a preexisting agreement between the county and the political body the other law-enforcement agency serves. Any person transported to the regional jail as provided for by the provisions of this section shall, upon conviction for the offense causing his or her incarceration, pay the reasonable costs of the transportation. The money is to be collected by the court of conviction at the current mileage reimbursement rate. The county commission shall allow the actual and necessary expenses incurred in serving summonses, notices or other official papers in connection with the sheriff's office.

    Every sheriff shall file monthly, under oath, an accurate account of all the actual and necessary expenses incurred by him or her, his or her deputies, assistants and employees in the performance and discharge of their official duties supported by verified accounts before reimbursement thereof shall be allowed by the county commission. Reimbursement, properly allowed, shall be made from the general county fund.

§7-7-14. Training of sheriffs and deputies; payment of expenses thereof by county court commission.

    The A county court commission of each county is authorized, at its discretion, to may expend from the general county fund, upon request and requisition by the sheriff of the county, the necessary and proper travel expenses per diem allowance of not less than three dollars fifty cents per day and tuition expenses for the training of the sheriff and his deputies of the county in the performance of their duties. as sheriff and deputy. at any training school or academy available therefor located in this state.

§7-7-15. Allowance for expenses of prosecuting attorney.

    In addition to his compensation, the prosecuting attorney and his or her assistants shall be reimbursed for actual traveling expenses within the state in the performance of their official duties, and when out of the state for the purpose of taking depositions in cases in which other counsel is not employed by the court under section one, article three, chapter sixty-two of this code, which expenses shall be duly itemized and verified, and shall, if found correct, be allowed by the county court commission and be paid monthly out of the general county fund.

§7-7-16. Mileage allowance for county officials and employees.

    The county commission of each county shall allow to each county official and to their deputies, assistants and employees, when they are required to drive their personally owned vehicles in the actual performance and discharge of their official duties, reimbursement at a uniform rate for all individuals, not to exceed the rate set by the commissioner of finance and administration for state employees as approved by the county commission.

    Every county official shall file monthly, under oath, a full and accurate account of all the actual mileage driven by him or her, his or her deputies, assistants and employees, in the performance and discharge of their official duties supported by verified accounts before reimbursement thereof shall be allowed by the county commission. Reimbursement, properly allowed, shall be made from the general county fund.

§7-7-16a. Public carriage. County-owned vehicle.

    The sheriff of each county and his or her deputies who are engaged in law-enforcement activities may, in the discretion of the sheriff, use publicly provided carriage county-owned vehicles to travel from his or her residence to his or her workplace and return. Any other county official or employee may, or may not, in the discretion of the county commission, be furnished with the use of publicly provided carriage county-owned vehicles to travel from his or her residence to his or her workplace and return: Provided, That such this usage is subject to the supervision of said the sheriff or commission and is directly connected with and required by the nature and in the performance of such the sheriff's, deputy's, county official or employee's duties and responsibilities.

§7-7-20. Penalties.

    If any county clerk, circuit clerk, joint clerk of any county and circuit court, sheriff, county assessor or prosecuting attorney fail to file the detailed request for appropriations or the budget statement as provided in section seven of this article or fail to file the monthly or semimonthly statement as provided in section nine of this article or fail to file the statement of expenditures as provided for in section seventeen of this article, or if any county clerk, circuit clerk, joint clerk of any county and circuit court, sheriff, county assessor, prosecuting attorney, of their assistants, deputies or employees, fail to comply with any of the requirements provided in this article, he or she shall, except where another penalty is prescribed, be is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50 nor more than $100, or imprisoned in the county jail not less than thirty days nor more than six months, or both fined and imprisoned.

 

 

    NOTE: The purpose of this bill is to remove outdated language from the code and require a county prosecuting attorney to be full-time.

 

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