H. B. 2635


(By Delegates Campbell and Browning)
[Introduced March 19, 1993; referred to the
Committee on Finance.]




A BILL to amend and reenact section four, article three, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the contribution of counties to the magistrate court fund.

Be it enacted by the Legislature of West Virginia:
That section four, article three, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. COSTS, FINES AND RECORDS.

§50-3-4. Disposition of costs; magistrate court fund.

Except for the funds specified in section four-a, all costs collected in magistrate courts in a civil or criminal proceeding shall be submitted on or before the tenth day of the month following the month of their collection to the magistrate court clerk or, if there is no magistrate court clerk, to the clerk of the circuit court along with such information as may be required by the rules of the supreme court and by the rules of the chiefinspector of public offices. Such clerk shall pay costs into the special county fund hereafter created during each fiscal year until there shall have been paid a sum equal to twelve thousand five hundred dollars multiplied by the number of magistrates authorized for such county. All costs collected in excess of such sum during a fiscal year shall be paid to the state. All costs and fees collected by magistrates on or after the first day of July, one thousand nine hundred seventy-six, shall be paid into said special county fund hereinafter created.
There is hereby created in each county a special county fund designated as the magistrate court fund. No moneys shall be appropriated from the fund except for the purposes provided for in this section. Any money remaining in the magistrate court fund on the thirtieth day of June, one thousand nine hundred seventy-nine, and on the thirtieth day of June of each year thereafter, shall be paid to the state. In order to provide a procedure for distribution of such excess moneys as are paid to the state, there is hereby created in the state treasurer's office a special fund known as the "magistrate court excess fund." Beginning on the first day of July, one thousand nine hundred ninety-three, and in each July thereafter, the state treasurer shall distribute all moneys collected in this fund to the counties. To determine the amount distributed to each county, the moneys in the excess fund shall be divided by the total number of magistrates in the state, and this divided amount shall be multiplied by the number of magistrates serving in eachcounty. These moneys returned to the counties shall be deposited in the special county fund designated as the magistrate court fund.
A county may, in accordance with the supervisory rules of the supreme court of appeals, appropriate and spend from such fund such sums as shall be necessary to defray the expenses of providing services to magistrate courts.



NOTE: The purpose of this bill is to increase each county's available funds for support of magistrate courts by redistributing, beginning in 1993, the excess collections now remitted to the state.

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