Senate Bill No. 476

(By Senator Love)

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[Introduced February 20, 1995; referred to the Committee
on Finance.]
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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 the disposition of costs collected in magistrate courts; and increasing the amount of funds to be deposited into certain magistrate court funds.

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 is paid a sum equal to twelve thousand five hundred dollars multiplied by the number of magistrates authorized for such the county: Provided, That in any county which authorizes only two magistrates the clerk shall pay costs into the special county fund during each fiscal year until there is paid a sum equal to twenty-five thousand dollars multiplied by the number of magistrates. All costs collected in excess of such the designated 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 the 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 may 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 magistrate court fund such sums as shall be are necessary to defray the expenses of providing services to magistrate courts.





NOTE: The purpose of this bill is to increase the amount of funds to be deposited into the magistrate court funds of counties which have only two magistrates.

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