ENROLLED
Senate Bill No. 431
(By Senators Wooton, Anderson, Wiedebusch, Ross, Bowman,
Buckalew, Scott, Dittmar and Wagner)
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[Passed March 9, 1995; in effect ninety days from passage.]
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AN ACT 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.