WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
Introduced
House Bill 2397
By Delegates Hillenbrand, Funkhouser, Masters, Ridenour, Horst, Brooks, Hite, Moore, Mazzocchi, and Cooper
[Introduced ; referredto the Committee on ]
A BILL to amend and reenact ยง7-5-4 of the Code of West Virginia, 1931, as amended, relating to preventing two immediate family members from acting in a fiduciary capacity for the same governmental authority.
Be it enacted by the Legislature of West Virginia:
## Article 5. fiscal affairs.
No money shall be paid by the sheriff out of the county treasury except upon an order signed by the president and clerk of the county court, and properly endorsed: Provided, however, That in counties having a population in excess of fifty thousand as shown by the last preceding federal census, such signatures and the signature of the sheriff authorizing the payment of such orders by a county depository may be made by means of such mechanical or electrical device as the county court may select. Such mechanical or electrical device for the making of the signatures of the president and clerk shall be safely kept in the office of the clerk of the county court so that no one shall have access thereto except the members of the county court and the clerk of the county court and such of their respective employees as may be authorized to have access thereto. Such mechanical or electrical device for the making of the signature of the sheriff shall be safely kept in the office of the sheriff so that no one shall have access thereto except the sheriff and such of his or her deputies as may be authorized to have access thereto.
In the event that two or more of the president, county clerk, or sheriff are members of the same household or family, another commissioner shall sign for the president, and the chief deputy shall sign for the sheriff. In the event that the substitutions are then members of the same household or family, then other substitutions for these signatories shall be found for the president or sheriff, as appointed by the county commission.
If any person other than the persons authorized so to do shall sign the name of the president of the county court, the clerk of the county court or the sheriff by the use of any such mechanical or electrical device, or otherwise, on any warrant, order or check, or utter or attempt to employ as true such forged warrant, order or check, knowing the same to be forged, he or she shall be guilty of a felony and, upon conviction, shall be confined in the penitentiary not less than two years and not more than 10 years.
NOTE: The purpose of this bill is to prevent two immediate family members to act in a fiduciary capacity for the same governmental authority.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.