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.