H. B. 2790
(By Delegates Webster, Proudfoot, Stemple,
Varner, Longstreth and Kominar)
[Introduced February 1, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §50-3-7 of the Code of West Virginia,
1931, as amended, relating to authorizing magistrate courts to
assess a fee for record searches.
Be it enacted by the Legislature of West Virginia:
That §50-3-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-7. Records of magistrate court; reports.
(a) Records of the judicial transactions of magistrate court
shall be kept as required by the rules of the Supreme Court of
Appeals. If, after judgment is rendered in a matter, no appeal is
taken filed within the time allotted, the records of
such the
proceedings shall be forwarded to the magistrate court clerk.
or,
if there is no magistrate court clerk, to the clerk of the Circuit
Court. Such The records shall be maintained by
such the magistrate court clerk in accordance with the rules of the Supreme Court of
Appeals.
Records of the financial dealings of the magistrate court
shall be kept as may be required by the rules of the
State Auditor,
chief inspector of public offices who shall promulgate
such the
rules only after consultation with the Supreme Court of Appeals.
A The magistrate court shall prepare and submit
such the
reports as may be required by the rules of the Supreme Court of
Appeals or by the
chief inspector of public offices State Auditor.
(b) A private individual or entity may submit a request for a
criminal history record search to the magistrate court clerk. The
request must be in writing and must contain any and all pertinent
information available to the individual or entity requesting the
search. The clerk shall assess a fee of twenty-five dollars per
name for the records search. The fee shall be paid at the time
that the search request is made to the magistrate court clerk. All
moneys collected pursuant to this section shall be remitted to the
General Fund in the State Treasury on or before the tenth day of
the following month.
NOTE: The purpose of this bill is to allow magistrate courts
to assess and collect a $25 fee for record searches.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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