COMMITTEE SUBSTITUTE
FOR
H. B. 2263
(By Delegates Staton, Beane, Fleischauer, Amores and Faircloth)
(Originating in the Committee on Finance)
[March 28, 1997]
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
court costs collected in magistrate courts; continuing and
increasing allowable deposits in magistrate court funds for
the purpose of defraying expenses incurred by counties for
providing services to magistrate courts; allowing court
costs collected in excess of limitations on deposits in
magistrate court funds to be placed in escrow for
distribution to counties with underfunded 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.
(a) Except for the funds specified in section four-a, All
costs collected in magistrate courts in a civil
proceeding
pursuant to the provisions of section one of this article, or and
all costs collected in magistrate courts in a criminal proceeding
pursuant to the provisions of section two of this article, 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.
Such clerk
shall pay costs into the special county fund hereafter created
during each fiscal year until there shall have been paid a sum
equal to twelve thousand five hundred dollars multiplied by the
number of magistrates authorized for such county. All costs
collected in excess of such 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 special county fund
hereinafter created.
(b) There is hereby created in each county a (1) The
special county fund
known as the magistrate court fund
established in each county by chapter thirty-three, acts of the
Legislature, regular session, one thousand nine hundred seventy- six, as amended and reenacted in subsequent acts of the
Legislature, is hereby continued. designated as the "magistrate court fund". No moneys shall 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 The moneys credited to the fund may be used solely for
the purposes provided in this subsection.
(2) The magistrate court clerk of each county shall pay the
sum of ten dollars collected by magistrates in each civil and
criminal proceeding into the magistrate court fund during each
fiscal year until there is paid a sum equal to fifteen thousand
dollars multiplied by the number of magistrates authorized for
the county.
(3) 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 are necessary
to defray the expenses of providing services to magistrate
courts.
(c)(1) There is hereby created in the state treasury a
special escrow account designated as the "magistrate court
surplus account". The moneys credited to the account may be used
solely for the purposes provided in this subsection.
(2) Beginning on the first day of July, one thousand nine
hundred ninety-seven, all costs collected during a fiscal year in
excess of the sum specified in subdivision (2), subsection (b) of
this section shall be deposited in the magistrate court surplus account in the state treasury.
(3) Beginning on the first day of September, one thousand
nine hundred ninety-eight, and on the first day of September of
each year thereafter, in accordance with the supervisory rules of
the supreme court of appeals, funds from the magistrate court
surplus account deposited therein as excess costs collected in
the prior fiscal year pursuant to the provisions of subdivision
(2) of this subsection shall be disbursed as a supplement to any
county magistrate court fund which generated less than fifteen
thousand dollars per magistrate in the prior fiscal year in
accordance with the provisions of this subsection.
(4) The amount disbursed to a county magistrate court fund
from the magistrate court surplus account, when combined with the
court costs generated by the magistrate court fund of the county
in the prior fiscal year, may not exceed fifteen thousand dollars
per magistrate.
(5) The disbursements described in subdivision (3) of this
subsection shall be made as follows:
(A) There shall be distributed to each county magistrate
court fund that generated less than nine thousand dollars in the
prior fiscal year the sum of nine thousand dollars less the
amount of court costs generated by the county magistrate court
fund in the prior fiscal year. To the extent that the funds
available for this disbursement are insufficient to fully fund
this disbursement, the funds available shall be disbursed to
these counties on a pro rata basis.
(B) Any funds that remain available for disbursement after
disbursements made pursuant to paragraph (A) of this subdivision
shall be disbursed in equal shares to each county magistrate
court fund that generated less than fifteen thousand dollars per
magistrate in the prior fiscal year. The shares to be disbursed
to each county magistrate court fund are to be equal to the
number of magistrates in the county. Any disbursement made under
this paragraph, however, shall be subject to the limitations
specified in subdivision (4) of this subsection.
(5) Any funds that remain available in the magistrate court
surplus account after the disbursements have been made pursuant
to the provisions of paragraphs (A) and (B), subdivision (4) of
this subsection shall be deposited by the state treasurer into
the general revenue fund of the state.
(c)(1) There is hereby created in the state treasury a
special escrow account designated as the "magistrate court
surplus account". The moneys credited to the account may be used
solely for the purposes provided in this subsection.
(2) Beginning on the first day of July, one thousand nine
hundred ninety-seven, all costs collected during a fiscal year in
excess of the sum specified in subdivision (2), subsection (b) of this section shall be deposited in the magistrate court surplus
account in the state treasury. Beginning on the first day of
July, one thousand nine hundred ninety-eight, and during each
fiscal year thereafter, in accordance with the supervisory rules
of the supreme court of appeals, funds from the magistrate court
surplus 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 to a
county magistrate court fund from the magistrate court surplus
account, when combined with the court costs generated by the
magistrate court fund of the county in the prior fiscal year, may
not exceed fifteen thousand dollars. Beginning on the thirtieth
day of June, one thousand nine hundred ninety-nine, and on the
last day of each fiscal year thereafter, the state treasurer
shall deposit to the general revenue fund of the state any
balance remaining in the magistrate court surplus account.
A county may, in accordance with the supervisory rules of
the supreme court of appeals, appropriate and spend from such
fund such sums as shall be necessary to defray the expenses of
providing services to magistrate courts.