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Introduced Version House Bill 3196 History

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hb3196 intr
H. B. 3196


(By Delegate Pino)
[Introduced March 24, 2005; referred to the
Committee on Political Subdivisions then Finance.]




A BILL to amend and reenact §7-1-9 of the Code of West Virginia, 1931, as amended, relating to authorizing county commissions to create a special fund for the purposes of posting bond for certain individuals.

Be it enacted by the Legislature of West Virginia:
That §7-1-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-9. Creation of special funds.
In addition to all other powers and duties now conferred by law upon county courts commissions such courts commissions are hereby authorized and empowered to create and establish, by proper order, special funds to be used for any purpose which such courts commissions now or hereafter may by the provisions of chapter seven or article eleven, chapter eight of this code be authorized to accomplish.
Such courts commissions are hereby authorized to allocate to and transfer into any special fund created pursuant to the provisions of this section, such sums raised by tax levies pursuant to the provisions of article eight, chapter eleven of this code, and such amounts of unexpended or surplus moneys in the county general fund or in any other special fund as they shall deem proper.
Expenditures from any special fund created pursuant to the provisions of this section shall be made only for the purpose for which the special fund was created and established: Provided, That in the event of a necessity or emergency the county courts commissions, by unanimous vote thereof and upon approval of the State Tax Commissioner, shall be empowered to transfer funds from any such special fund to the county general fund.
When the particular purpose for which any special fund created pursuant to the provisions of this section has been accomplished or completed, the county courts commissions may transfer any balance remaining therein to the general county fund.
A county commission may elect to create a special fund for the purposes of paying bail bonds for persons charged with crimes who do not have the means to pay the bond or obtain a bond in any other manner, and can demonstrate such lack of means, provided the cost to the county fund does not exceed five hundred dollars.

NOTE: The purpose of this bill is to allow county commissions to establish a special fund for the purpose of paying certain bail bonds.

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