H. B. 4452


(By Delegates Rowe and Wallace)
[Introduced February 11, 1994; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section nineteen, article one, chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to deleting the requirement that acts and resolutions of the Legislature be distributed without charge to magistrates.
Be it enacted by the Legislature of West Virginia:

That section nineteen, article one, chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS; INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF CAPITOL BUILDING; PREFILING OF BILLS AND RESOLUTIONS; STANDING COMMITTEES; INTERIM MEETINGS; NEXT MEETING OF THE SENATE.

§ 4 - 1 - 19. Distribution of acts of the Legislature.

Free distribution of the acts and resolutions of each session of the Legislature, and other matter directed by law to be published therewith, shall be made as follows by the clerk of the House of Delegates: One copy to the judge of each court in this state; one copy each to the judge, clerk and district attorney of every United States district court of this state; one copy to every prosecuting attorney, sheriff, assessor, county superintendent of free schools, president of the county court commission, circuit clerk and county clerk; and justices of the peace; five copies to the governor; six copies to the attorney general; two copies each to the secretary of state, auditor, state superintendent of free schools, treasurer and commissioner of agriculture; four copies to the public service commission; one copy to each executive department head, requesting the same; ten copies to the clerk of the Senate, one for his or her own use, and the others to be kept in his office for the use of the Senate; ten copies to each member of the Legislature, one for his own use and others for distribution; ten copies to the college of law of West Virginia University; one copy to each public institution of the state; three copies to the librarian of Congress, one for the library and one for each house of Congress; one copy to each senator and representative in Congress from this state; one copy to each county law library; and one copy to each college and university in the state. The clerk shall retain ten copies in his or her own office, one for his or her own use and the others to be kept in his or her office for the use of the house.

All of the copies named in this section shall be sent by mail, express or otherwise as the clerk may deem best. The acts to which officers of a county may be entitled shall be forwarded to the clerk of the county court commission thereof and shall be delivered by him or her to the officers entitled to receive the same. Upon receipt of such acts by him or her, the clerk of the county court commission shall forward his or her receipt therefor to the clerk of the House of Delegates specifying the number received, and he or she shall require each person receiving a copy of such acts from him or her to sign a receipt therefor in a book to be kept by him or her for that purpose. The remaining copies of the acts shall be in the custody of the division of purchases, department of finance and administration, and be sold and disposed of as provided in section thirty-one, article three, chapter five-a of this code.
The clerk may cause a copy of such acts to be furnished to any officer, board, commission, institution or tribunal not named herein.



NOTE: The purpose of this bill is to delete the requirement that magistrates receive free copies of acts and resolutions of the Legislature.

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