H. B. 4075
(By Delegates Michael, Doyle, Kominar, Cann, H. White,
Proudfoot, Stalnaker, Hall, Ashley, Carmichael and G. White)
[Introduced January 23, 2006; referred to the
Committee on Finance.]
A BILL to amend and reenact §59-1-28a of the Code of West
Virginia, 1931, as amended, relating to the dedication of
moneys to the Regional Jail Partial Reimbursement Fund.
Be it enacted by the Legislature of West Virginia:
That §59-1-28a of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-28a. Disposition of filing fees in civil actions and fees
for services in criminal cases.
(a) Except for those payments to be made from amounts
equaling filing fees received for the institution of divorce
actions as prescribed in subsection (b) of this section, and
except for those payments to be made from amounts equaling filing
fees received for the institution of actions for divorce,
separate maintenance and annulment as prescribed in said subsection, for each civil action instituted under the rules of
civil procedure, any statutory summary proceeding, any
extraordinary remedy, the docketing of civil appeals or any other
action, cause, suit or proceeding in the circuit court the clerk
of the court shall, at the end of each month, pay into the funds
or accounts described in this subsection an amount equal to the
amount set forth in this subsection of every filing fee received
for instituting the action as follows:
(1) Into the Regional Jail and Correctional Facility
Authority Fund in the State Treasury established pursuant to the
provisions of section ten, article twenty, chapter thirty-one of
this code the amount of sixty dollars;
(2) Into the Court Security Fund in the State Treasury
established pursuant to the provisions of section fourteen,
article three, chapter fifty-one of this code the amount of five
dollars; and
(3) Into the Regional Jail Operations Partial Reimbursement
Fund established pursuant to the provisions of section ten-b,
article twenty, chapter thirty-one of this code the amount of
twenty dollars.
(b) For each action for divorce, separate maintenance or
annulment instituted in the circuit court, the clerk of the court
shall, at the end of each month, report to the Supreme Court of
Appeals the number of actions filed by persons unable to pay and
pay into the funds or accounts in this subsection an amount equal to the amount set forth in this subsection of every filing fee
received for instituting the divorce action as follows:
(1) Into the Regional Jail and Correctional Facility
Authority Fund in the State Treasury established pursuant to the
provisions of section ten, article twenty, chapter thirty-one of
this code the amount of ten dollars;
(2) Into the special revenue account of the State Treasury,
established pursuant to section six hundred four, article two,
chapter forty-eight of this code an amount of thirty dollars;
(3) Into the Family Court Fund established under section
twenty-two, article two-a, chapter fifty-one of this code an
amount of seventy dollars; and
(4) Into the Court Security Fund in the State Treasury,
established pursuant to the provisions of section fourteen,
article three, chapter fifty-one of this code the amount of five
dollars.
(c) Notwithstanding any provision of subsection (a) or (b)
of this section to the contrary, the clerk of the court shall, at
the end of each month, pay into the Family Court Fund established
under section twenty-two, article two-a, chapter fifty-one of
this code an amount equal to the amount of every fee received for
petitioning for the modification of an order involving child
custody, child visitation, child support or spousal support as
determined by subdivision (3), subsection (a), section eleven of
this article and for petitioning for an expedited modification of a child support order as provided in subdivision (4) of said
subsection.
(d) The clerk of the court from which a protective order is
issued shall, at the end of each month, pay into the Family Court
Fund established under section twenty-two, article two-a, chapter
fifty-one of this code an amount equal to every fee received
pursuant to the provisions of section five hundred eight, article
twenty-seven, chapter forty-eight of this code.
(e) The
Of every fee
for service received in any criminal
case against any respondent convicted in circuit court, the
clerk
of each circuit court shall, at the end of each month, pay into
the Regional Jail and Correctional Facility Authority Fund in the
State Treasury an amount equal to forty dollars of every fee for
service received in any criminal case against any respondent
convicted in such court and shall pay an amount equal to five
dollars of every such fee, into the Court Security Fund in the
State Treasury established pursuant to the provisions of section
fourteen, article three, chapter fifty-one of this code an amount
equal to five dollars
and into the Regional Jail Operations
Partial Reimbursement Fund established pursuant to the provisions
of section ten-b, article twenty, chapter thirty-one of this code
an amount equal to thirty dollars.
(f) The clerk of the circuit court shall, at the end of each
month, pay into the Medical Liability Fund established under
article twelve-b, chapter twenty-nine of this code, an amount equal to one hundred sixty-five dollars of every filing fee
received for instituting a medical professional liability action.
(g) The clerk of the circuit court shall, at the end of each
month, pay into the Courthouse Facilities Improvement Fund
created by section six, article twenty-six, chapter twenty-nine
of this code, those amounts received by the clerk which are
dedicated for deposit in the Fund.
(h) The clerk of each circuit court shall, at the end of
each month, pay into the Regional Jail Operations Partial
Reimbursement Fund established in the State Treasury pursuant to
the provisions of section ten-b, article twenty, chapter thirty-
one of this code, those amounts received by the clerk which are
dedicated for deposit in the fund.
NOTE: The purpose of this bill is to clarify that thirty
dollars assessed in criminal costs in circuit court are to go to
the Regional Jail Partial Reimbursement Fund.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.