ENGROSSED
Senate Bill No. 431
(By Senators Wooton, Anderson, Wiedebusch, Ross, Bowman,
Buckalew, Scott, Dittmar and Wagner)
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[Originating in the Committee on the Judiciary;
reported February 17, 1995.]
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A BILL to amend article three, chapter fifty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto two new sections, designated sections nine and
ten, all relating to accounting procedures in magistrate
offices; requiring magistrate officials to issue duplicate
receipts on forms approved by the chief inspector; chief
inspector to prescribe minimum requirements for such forms;
requiring the deposit of funds in accordance with rules
promulgated by the supreme court of appeals; and providing for
the removal of magistrate officials who fail to comply with
the prescribed accounting procedures.
Be it enacted by the Legislature of West Virginia:
That article three, chapter fifty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto two new sections, designated sections
nine and ten, all to read as follows:
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-9. Magistrate court officials to issue receipts of
collections; deposit of funds.
(a) Any magistrate, magistrate court clerk, magistrate
assistant or magistrate deputy clerk who receives a fee, cost,
percentage, penalty, commission, allowance, bond, deposit, surety
or other cash payment or sum shall issue a receipt to the payor
thereof, in duplicate, on a form approved by the chief inspector,
in accordance with the provisions of article nine, chapter six of
this code. The magistrate court official shall issue the original
of such receipt to the payor and shall retain the copy. The chief
inspector shall prescribe the minimum information to be included on
such receipt forms.
(b) All money collected shall be deposited in accordance with
rules promulgated by the supreme court of appeals.
§50-3-10. Removal of magistrate court official.
If any magistrate, magistrate court clerk, magistrate
assistant or magistrate court deputy clerk shall fail to comply
with the provisions of this article, the chief inspector may, in
addition to any other remedies provided by law, seek the removal
from office of such official, in accordance with provisions of
section seven, article six, chapter six of this code.