WEST virginia Legislature

2017 regular session

Introduced

Senate Bill 205

By Senators Azinger, Boley, Boso, Ferns and Blair

[Introduced February 9, 2017; referred
to the Committee on Government Organization]

A BILL to amend and reenact §6-3-3 of the Code of West Virginia, 1931, as amended, relating to deputy officers and providing that when there is a death, conviction or impeachment, failure to qualify, resignation or other disability of any principal officer a deputy shall continue to discharge the duties of the principal until a successor is elected or appointed; and making technical changes.

Be it enacted by the Legislature of West Virginia:

That §6-3-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

 ARTICLE 3. DEPUTY OFFICERS AND CONSERVATORS OF THE PEACE.

§6-3-3. On death, conviction or impeachment, failure to qualify, resignation or other disability of any officer of principal, deputy to act; liability of principal's bond; removal and appointment of deputy; new or additional bond.

If any officer, having appointed a deputy or deputies, shall die during his or her term of office If there is the death, conviction or impeachment, failure to qualify, resignation or other disability of any officer, his or her deputy or deputies in office at the time of his or her death shall continue to discharge the duties of the office in the name of the deceased principal, until his or her successor shall have has been elected or appointed, and shall have qualified.

Any default or misfeasance in office of any deputy while so acting shall constitutes a breach of the condition of the official bond of the principal, notwithstanding the death of the principal; but the personal representative of the deceased principal shall have has the same right to remove any deputy from office and to appoint another that was possessed by the principal. while living

The sureties on the bond of any deceased principal, or any of them, may require a new or additional bond to be given by the personal representative of such deceased the principal, in the same manner and with like effect as if such the new or additional bond had been required to be given by such the principal in his or her lifetime; and all the provisions of this chapter in relation to such new or additional bond shall be applicable to proceedings under this section.

NOTE: The purpose of this bill is to provide that when there is a death, conviction or impeachment, failure to qualify, resignation or other disability of any principal officer, a deputy shall continue to discharge the duties of the principal until a successor is elected or appointed.  The existing statute only deals with a situation where the principal dies.

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