COMMITTEE SUBSTITUTE

FOR

H. B. 2546

(By Delegates Kallai, Manuel, Doyle and Nichols)

(Originating in the House Committee on the Judiciary)

[February 24, 1995]




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 disposition of costs; magistrate court fund; allowing magistrate court fund overages to be placed in escrow for the use of magistrate courts which are underfunded.

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 of appeals of West Virginia and by the rules of the chief inspector of public offices.
There is hereby created in each county a special county fund designated as the "magistrate court fund". The moneys credited to the fund may be used solely for the purposes provided for in this section.
There is hereby created in the state treasury a special escrow account designated as the "magistrate court improvement account". The moneys credited to the account may be used solely for the purposes provided for in this section.
The magistrate court clerk of each county shall pay costs collected by magistrates into the magistrate court fund during each fiscal year until there is paid a sum equal to twelve thousand five hundred dollars multiplied by the number of magistrates authorized for the county. All costs collected in excess of that sum during a fiscal year shall be deposited in the magistrate court improvement account in the state treasury. Beginning on the first day of July, one thousand nine hundred ninety-six, and at the end of each fiscal year thereafter, in accordance with the supervisory rules of the supreme court of appeals, funds from the magistrate court improvement account may be disbursed as a supplement to any county magistrate court fund which generated less than fifteen thousand dollars in the prior fiscal year. The amount disbursed from the magistrate court improvement account, when combined with the funds generated by the magistrate court of the county, shall not exceed fifteen thousand dollars. After each annual disbursement to the counties, any remaining balance in the magistrate court improvement account may be expended in accordance with supervisory rules of the supreme court of appeals for facility improvements and security measures or any other expenses which could be paid from a magistrate court fund.
A county may, in accordance with the supervisory rules of the supreme court of appeals of West Virginia, appropriate and spend from the magistrate court fund such sums as shall be necessary to defray the expenses of providing services to magistrate courts. Any money remaining in the magistrate court fund on the thirtieth day of June, one thousand nine hundred ninety-five and on the thirtieth day of June in each year thereafter shall be paid to the magistrate court improvement account in the state treasury.
NOTE: The purpose of this bill is to allow magistrate court fund overages to be placed in escrow for the use of magistrate courts which are underfunded.