HOUSE CONCURRENT RESOLUTION 107
(By Delegates Barnhart, Hanna, Keaton, Anderson, Ferrell, G. Ward, Haynes, J. Kelly, and Zatezalo)
[Introduced April 10, 2021]
Requesting the Joint Committee on Government and Finance study alternative methods of recourse for delinquent court fees.
Whereas, Magistrates in the State of West Virginia face difficulties in enforcing the collection of court costs and fees; and
Whereas, Magistrate courts rely on the collection of these fees for their operations; and
Whereas, During the 2020 this Legislature passed House Bill 4958 which eliminated the ability of magistrate judges to suspend defendants’ West Virginia driver’s licenses at their discretion for failure to pay court costs and fees; and
Whereas, Since the passage of that bill, magistrate judges have had a more burdensome time collecting these costs and fees, resulting in more delinquent accounts; and
Whereas, This inability to efficiently and effectively collect court costs and fees will have an adverse effect on the magistrate court system; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance study alternative methods of recourse that will effectuate efficient collection of delinquent court costs and fees; and, be it
Further Resolved, That the Joint Committee on Government and Finance shall report to the regular session of the Legislature, 2022, on its findings, conclusions, and recommendations, together with drafts of any legislation or resolutions necessary to effectuate its recommendations; and be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.