H. B. 2155
(By Delegate Pino)
[Introduced January 16, 2007; 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.