H. B. 2494
(By Delegates Walters, Seacrist, Hunt,
Spencer, Rowe, Amores and Miller)
[Introduced March 11, 1997; referred to the
Committee on the Judiciary then 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 disposition of
costs in magistrate court and increasing the amount paid by
the clerk into the special county fund for class one
counties.
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 chief
inspector of public offices. Such The 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 the county: Provided, That in class one
counties as defined by section three, article seven, chapter
seven of the code of West Virginia, the clerk shall pay a sum
equal to seventeen 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 a 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.
A county may, in accordance with the supervisory rules of
the supreme court of appeals, appropriate and spend from such the
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 the amount
paid into the special county fund from magistrate court costs for
class one counties.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.