H. B. 2605
(By Delegates Manuel and Doyle)
[Introduced February 21, 1995; referred to the
Committee on Political Subdivisions then
the Judiciary.]
A BILL to amend and reenact section two, article three, chapter
seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
thirty-two, article twenty-four, chapter eight of said code;
to amend article thirty-three of said chapter by adding
thereto a new section, designated section ten-a; to amend
and reenact sections one, two and four, article three,
chapter fifty of said code; to amend article one, chapter
fifty-nine of said code by adding thereto a new section,
designated section ten-a; and to amend and reenact section
eleven of said article, all relating to permitting county
commissions to impose a two percent excise tax on the use of
public utilities to underwrite courthouse construction,
renovation or improvements; requiring that the county
building commission consult the supreme court of appeals as to any design of any new, remodeled or renovated courthouse
buildings as to the present and future needs of circuit
courts, circuit court clerks, magistrate courts and
magistrate clerks in that county; security of such
facilities and access to such facilities by persons with
physical disabilities; imposition of an additional fee on
subdivision applications to the planning commission of any
county which has created a building commission to acquire
real estate for the construction, renovation and improvement
of courthouse buildings; imposition of additional filing fee
or costs on all filings of civil actions seeking recovery
for more than five hundred dollars in damages where the
county commission has created a county building commission
for the purpose of purchasing real estate for the
construction, renovation or improvement of courthouse
buildings; imposition of additional fees on the admitting of
certain documents to record or filing of certain documents
in the office of the clerk of the county commission where a
county building commission has been created for the purpose
of purchasing real estate for the construction, renovation
or improvement of courthouse buildings; and the imposition
of additional fees for filing of any civil action and
criminal fees for criminal costs where the county commission
has created a county building commission for the purpose of purchasing real estate for the construction, renovation or
improvement of courthouse buildings.
Be it enacted by the Legislature of West Virginia:
That section two, article three, chapter seven of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section thirty-two,
article twenty-four, chapter eight of said code be amended and
reenacted; that article thirty-three of said chapter be amended
by adding thereto a new section, designated section ten-a; that
sections one, two and four, article three, chapter fifty of said
code be amended and reenacted; that article one, chapter
fifty-nine of said code be amended by adding thereto a new
section, designated section ten-a; and that section eleven of
said article be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 3. COUNTY PROPERTY.
§7-3-2. Courthouse, jail and offices.
The county commission of every county, at the expense of the
county, shall provide at the county seat thereof a suitable
courthouse and jail, together with suitable offices for the judge
of the circuit court and judges of courts of limited
jurisdiction, clerks of circuit courts, courts of limited
jurisdiction and of the county commission, assessor, sheriff,
prosecuting attorney, county superintendent of schools, and surveyor, and all other offices as are or may be required by law:
Provided, That the courthouse, including any annex or other
facility housing the courts and offices herein set out
(excepting all facilities that are on a twenty-four-hour basis),
shall be open to the public Monday through Friday during the
hours prescribed by the county commission by an order duly
recorded in the order book of the commission. The county
commission in such order may, in its discretion, provide that
the courthouse, including any annex or other facility housing the
courts and offices herein set out, be open on Saturday and
prescribe the hours during which it shall be open. In no case
may the county commission provide that the courthouse, including
any annex or other facility housing the courts and offices herein
set out, be open for business on Sundays or national or state
holidays:
Provided, however, That the county commission of every
county having a population in excess of two hundred thousand may
provide at the county seat or elsewhere in the county, as the
county commission shall determine, a suitable jail or jails:
Provided further, That the county commission of any county,
regardless of population, may, as provided in article
twenty-three, chapter eight of the code of West Virginia,
contract with the county commissions of one or more other
counties within this state for the erection, construction,
equipment, leasing and renting of a regional correctional center for either adult or youth offenders, at a location mutually
agreeable to the contracting parties and not necessarily at the
county seat, which will serve each county entering into the
contract. The county commission shall keep the courthouse, jail
and other offices in constant and adequate repair, and supplied
with the necessary heat, light, furniture, record books, and
janitor service, and, except as to the office for the judge of
the circuit court, with the necessary stationery and postage, and
other things as shall be necessary; but all of the public
records, books and papers belonging or appertaining to the county
surveyor's office shall be delivered to the clerk of the county
commission and retained by him
or her in his
or her official
possession and under his
or her control and shall constitute a
part of the public records, books and papers of his
or her
office. All courthouses, jails and offices hereafter erected
shall be built of stone and brick, or stone or brick, or other
equally fireproof materials, and the offices shall be fireproof
or be furnished with fireproof vaults or safes. The jails shall
be well secured, and sufficient for the convenient accommodation
of those who may be confined therein. The county commission may
also provide other necessary offices and buildings, and may, by
purchase or otherwise, acquire as much land as may be requisite
or desirable for county purposes, and may suitably enclose,
improve and embellish the lands so acquired.
Subject to the conditions hereinabove set forth with respect
to the site of the courthouse, jail, and other offices, the
commission may, from time to time, as may seem to it proper,
provide, at the expense of the county, a new or other building or
buildings to be used for the courthouse and jail, or for either,
together with suitable offices, as aforesaid, and for that
purpose may acquire, by purchase or otherwise, and hold any
lands, or lands and buildings, which may be necessary, and may
enclose, improve and embellish the same. When any new or other
building or buildings shall be ready for occupancy, the county
commission shall make an order declaring that, on a day to be
therein named, the new or other building or buildings shall
become the courthouse, or jail, or both the courthouse and jail
of the county, and shall cause copies of the order to be posted
at the front door of the new as well as of the old courthouse, at
least twenty days before the day named in the order; and on and
after the day named the new or other building or buildings shall
become, respectively, the courthouse, or jail, or both the
courthouse and jail of the county in all respects and for all
purposes. After the change shall have been made the county
commission may sell or otherwise dispose of, as may seem to it
proper, the building or buildings previously used as a courthouse
and jail, or either, and the land on which they are, or either
is, situated, and of the interest of the county therein.
Notwithstanding any other provision of this code to the
contrary, any county commission providing and maintaining a jail
on the effective date of this article shall not be required to
provide and maintain a jail after a regional jail becomes
available pursuant to the provisions of article twenty, chapter
thirty-one of this code, unless the county commission determines
that such a facility is necessary:
Provided, That such county
commission may provide and maintain a holding facility which
complies with the standards set forth for such holding facilities
in legislative rules promulgated by the jail and correctional
facility standards commission or its predecessor, the jail and
prison standards commission.
Notwithstanding any other provision of this code to the
contrary, any county commission after the creation of a county
building commission in accordance with section one, article
thirty-three, chapter eight of this code, for the purpose of
purchasing real estate for the construction of courthouse
buildings, or of building, renovating or improving courthouse
buildings, shall have plenary power and authority to levy and
collect an excise tax on the privilege of purchasing, using or
consuming within that county, public utilities services and
tangible personal property from public utilities subject to the
jurisdiction of the public service commission of West Virginia.
The tax shall be computed on the basis of an amount not to exceed two percent of the gross amount of each periodic statement
rendered purchasers or consumers by the public utilities:
Provided, That sales of tangible personal property as appliances
or the like, as distinguished from the public service supplied,
shall not be included in the gross amount subject to the measure
of this tax. The purchasers or consumers shall pay to the public
utilities the amount of the tax levied pursuant to this section
which shall be added to and constitute a part of the cost of the
service or property so purchased or consumed and shall be
collectible as such by said public utilities who shall account to
the county commission levying same for all tax paid by the
purchasers or consumers pursuant to the provisions of any
ordinance imposing such tax.
Any ordinance imposing the tax shall require the collection
thereof uniformly from all purchasers and consumers of all the
services and property within the county and contain reasonable
rules governing the collection thereof by the utilities and the
method of its payment and accounting to the county: Provided,
That the tax shall not be effective until the county commission
gives sixty days' written notice by certified mail to any utility
doing business therein of the effective date of the ordinance.
Any required separation of gross income shall occur in said
ordinance whenever necessary to comply with state or federal law:
Provided, however, That the tax authorized by this section shall not be levied upon charges for telephone services which are paid
by the insertion of coins into coin-operated telephones, and
specific charges for telephone calls to points outside the taxing
county.
Notwithstanding any other provisions of the law to the
contrary contained in this code, the provisions of this section
are in addition to all other taxing authority heretofore granted
counties.
All the tax moneys so collected shall be paid into a
courthouse construction fund only to be used to pay off and
retire any negotiable bonds, notes, debentures, revenue bonds and
other evidences of indebtedness entered into by the building
commission to fund the purchase of land for the construction of
courthouse buildings and to fund the construction, renovation or
improvement of courthouse buildings.
Notwithstanding any other provision of law to the contrary
contained in this code, upon the establishment of a building
commission by a county commission in accordance with section one,
article thirty-three, chapter eight of this code, for the purpose
of purchasing land for, or building, renovating or improving
courthouse buildings, all costs collected in magistrate court in
a county where said building commission has been created, in
accordance with section four, article three, chapter fifty of
this code, shall be paid into a special county fund designated as the magistrate court fund, which fund shall be paid over to the
county commission on an annual basis to be paid into a courthouse
construction fund to be used only to pay off and retire any
negotiable bonds, notes, debentures, revenue bonds and other
evidences of indebtedness entered into by the building commission
to fund the purchase of land for the construction of courthouse
buildings and to fund the construction of and renovation or
improvement of courthouse buildings.
Upon the payment of all negotiable bonds, notes, debentures,
revenue bonds and other evidence of indebtedness entered into by
the building commission to fund said land purchase, construction,
improvement or renovation cost for courthouse buildings, the
excise tax on the privilege of purchasing, using or consuming
within that county of public utility services shall terminate,
and the magistrate court fund shall no longer be paid into a
courthouse construction fund: Provided, That all additional
filing fees collected by the clerk of the circuit court in
accordance with section eleven, article one, chapter fifty-nine
of this code and all additional fees collected by the clerk of
the county commission in accordance with section ten-a, article
one of chapter fifty-nine of this code and all additional
subdivision application fees collected by a planning commission
in accordance with section thirty-two, article twenty-four of
chapter eight of this code shall be paid into the courthouse construction fund to be used only to pay off and retire any
negotiable bonds, notes, debentures, revenue bonds and other
evidences of indebtedness entered into by the building commission
to fund the purchase of land for the construction of courthouse
buildings and to fund the construction of and renovation or
improvement of courthouse buildings.
Upon the payment of all negotiable bonds, notes, debentures,
revenue bonds and other evidence of indebtedness entered into by
the building commission to fund said land purchase, construction,
improvement or renovation cost for courthouse buildings, these
additional filing fees, recording fees and subdivision fees shall
terminate.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 24. PLANNING AND ZONING.
§8-24-32. Subdivision plats -- Application fees.
The commission may establish a uniform schedule of fees
proportioned to the cost of checking and verifying proposed plats
to include the proportioned cost of planning commission staff and
equipment: Provided, That in those counties where the county
commission has established a building commission in accordance
with section one, article thirty-three, chapter eight of this
code for the purpose of purchasing land for the building of
courthouse buildings, construction of courthouse buildings,
renovating or improving courthouse buildings, the commission may establish and charge an additional subdivision application fee
proportioned to the cost of the space or area to be built,
remodeled or renovated in the courthouse buildings to be occupied
by the planning commission, to include a proportionate share of
the heating and air conditioning plant attributed to the space or
area occupied by the planning commission. This additional
subdivision application fee shall be paid by the commission into
the courthouse construction fund to be used to retire any
negotiable bonds, notes, debentures, revenue bonds and other
evidences of indebtedness entered into by the building commission
for courthouse construction, renovation or improvement or for the
purchase of real estate to construct courthouse buildings. Upon
the retirement of all negotiable bonds, notes, debentures,
revenue bonds and other evidences of indebtedness entered into by
the building commission for these purposes, this additional
subdivision application fee shall terminate. An applicant shall
pay the specified fee at the time of filing his
or her
application.
ARTICLE 33. INTERGOVERNMENTAL RELATIONS -- BUILDING
COMMISSIONS.
§8-33-10a. Courthouse design.
Where any building commission is created whose purpose is to
purchase land for courthouse buildings, or to construct, remodel,
renovate or improve courthouse buildings, the clerk of the West Virginia supreme court of appeals shall be consulted as to the
design of any new, remodeled, renovated or improved courthouse
buildings as to the present and future needs of the circuit
courts, circuit court clerks, magistrate courts and magistrate
court clerks in that county, security of those facilities and
access of those facilities by all citizens including those
suffering from physical disabilities.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-1. Costs in civil actions.
The following costs shall be charged in magistrate courts in
civil actions and shall be collected in advance:
(a) For filing and trying any civil action and for all
services connected therewith, but excluding services regarding
enforcement of judgment, the following amounts dependent upon the
amount of damages sought in the complaint:
Where the action is for five hundred dollars or
less ...................................................
$ 20.00
Where the action is for more than five hundred
dollars but not more than one thousand dollars .........
$ 25.00
Where the action is for more than one thousand
dollars but not more than two thousand dollars .........$ 30.00
Where the action is for more than two thousand
dollars ................................................ $ 40.00
Where the action seeks relief other than money
damages ................................................ $ 20.00
(b) For each service regarding enforcement of a
judgment including execution, suggestion, garnishment
and suggestee execution ................................ $ 5.00
(c) For each bond filed in a case .................. $ 1.00
(d) For taking deposition of witness for each hour
or portion thereof ..................................... $ 1.00
(e) For taking and certifying acknowledgment of a
deed or other writing or taking oath upon an affidavit . $ .50
(f) For mailing any matter required or provided by
law to be mailed by certified or registered mail with
return receipt ......................................... $ 1.00
Notwithstanding any other provision of this code to the
contrary, any county commission after the creation of a county
building commission in accordance with section one, article
thirty-three, chapter eight of this code, for the purpose of
purchasing real estate for the construction of courthouse
buildings, or for the purpose of building, remodeling or
renovating courthouse buildings, an additional cost or filing fee
of twenty dollars shall be charged in those counties where a building commission has been created upon all civil action
filings where the amount of damages sought in the complaint is
for more than five hundred dollars.
Costs incurred in a civil action shall be reflected in any
judgment rendered thereon. The provisions of section one,
article two, chapter fifty-nine of this code, relating to the
payment of costs by poor persons, shall be applicable to all
costs in civil actions.
§50-3-2. Costs in criminal proceedings.
In each criminal case tried in a magistrate court in which
the defendant is convicted, there shall be imposed, in addition
to
such the other costs, fines, forfeitures or penalties as may
be allowed by law, costs in the amount of fifty dollars. No
such
costs shall be collected in advance:
Provided, That in any
county where the county commission has created a building
commission in accordance with section one, article thirty,
chapter eight of this code, for the purpose of purchasing real
estate for the construction of courthouse buildings, or for
building, renovating or improving courthouse buildings, an
additional cost of ten dollars shall be imposed upon each
defendant who is convicted in magistrate court, which additional
costs shall be assessed in all criminal cases until all
negotiable bonds, notes, debentures, revenue bonds and other
evidences of indebtedness entered into by the building commission to fund said courthouse, land purchase, courthouse building
construction, renovation or improvements have been paid off and
retired. No costs shall be collected in advance.
A magistrate shall assess costs in the amount of two dollars
and fifty cents for issuing a sheep warrant, appointment and
swearing appraisers and docketing the same.
In each criminal case which must be tried by the circuit
court but in which a magistrate renders some service, costs in
the amount of ten dollars shall be imposed by the magistrate
court and shall be certified to the clerk of the circuit court
in accordance with the provisions of section six, article five,
chapter sixty-two of this code.
§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 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 the county. All costs collected in excess of
such this 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.
There is hereby created in each county a special county fund
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.
A county may, in accordance with the supervisory rules of
the supreme court of appeals, appropriate and spend from
such the
fund such sums as shall be necessary to defray the expenses of
providing services to magistrate courts.
In those counties where the county commission has created a
county building commission in accordance with section one,
article thirty-three, chapter eight of this code, for the purpose
of building, renovating or improving courthouse buildings, all
costs collected shall be paid into the magistrate court fund,
which fund shall be paid over to the county commission on an
annual basis to be paid into a courthouse construction fund to be
used to pay off and retire any negotiable bonds, notes, debentures, revenue bonds and other evidences of indebtedness
entered into by the building commission to fund the purchase of
land for the construction of courthouse buildings, and to fund
the construction of and renovation or improvement of courthouse
buildings. Upon the payment of all negotiable bonds, notes,
debentures, revenue bonds and other evidences of indebtedness
entered into by the building commission, the courthouse
construction fund shall terminate.
CHAPTER 59. FEES, ALLOWANCES AND COSTS;
NEWSPAPERS; LEGAL ADVERTISEMENTS.
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-10a. Additional fees to be charged by clerk of county
commission.
In any county where the county commission has established a
building commission for the purpose of purchasing real estate for
the construction of courthouse buildings, or for the construction
of courthouse buildings, or renovation or improvement of
courthouse buildings, the clerk of the county commission shall
charge and collect an additional fee of fifty cents per page for
any writing admitted to record, any plat accompanying such a
writing, admitted to record and any filing of any writing in said
clerk's office. The clerk shall also charge and collect an
additional fee of one dollar for admitting to record any plat
containing more than one hundred twenty square inches, which fees shall be in addition to those fees charged in section ten,
article one, chapter fifty-nine of this code. All the additional
fees charged and collected shall be paid by the clerk over to the
county courthouse fund to only be used to pay off and retire any
negotiable bonds, notes, debentures, revenue bonds and other
evidences of indebtedness entered into by the building commission
to fund the purchase of land for the construction of courthouse
buildings and to fund construction, renovation or improvement of
courthouse buildings.
Upon the payment of all negotiable bonds, notes, debentures,
revenue bonds and other evidences of indebtedness entered into by
the building commission to fund said land purchases,
construction, improvement or renovation cost for courthouse
buildings, the additional fees for filing or admitting writings
to record in the office of the clerk of the county commission
shall terminate.
§59-1-11. Fees to be charged by clerk of circuit court.
The clerk of a circuit court shall charge and collect for
services rendered as such clerk the following fees, and
such the
fees shall be paid in advance by the parties for whom such
services are to be rendered:
For instituting any civil action 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, seventy dollars:
Provided, That the
fee for instituting an action for divorce shall be twenty dollars
plus the fee required by section six, article two-c, chapter
forty-eight of this code.
In addition to the foregoing fees, the following fees shall
likewise be charged and collected:
For any transcript, copy or paper made by the clerk for use
in any other court or otherwise to go out of the office, for each
page, twenty-five cents;
For action on suggestion, five dollars;
For issuing an execution, two dollars;
For issuing or renewing a suggestee execution, including
copies, postage, registered or certified mail fees and the fee
provided by section four, article five-a, chapter thirty-eight of
this code, three dollars;
For vacation or modification of a suggestee execution, one
dollar;
For docketing and issuing an execution on a transcript of
judgment from magistrate's court, three dollars;
For arranging the papers in a certified question, writ of
error, appeal or removal to any other court, five dollars;
For postage and express and for sending or receiving
decrees, orders or records, by mail or express, three times the
amount of the postage or express charges;
For each witness summons over and above five, on the part of
either plaintiff or defendant, to be paid by the party requesting
the same, twenty-five cents;
For additional services (plaintiff or appellant) where any
case remains on the docket longer than three years, for each
additional year or part year, five dollars.
The clerk shall tax the following fees for services in any
criminal case against any defendant convicted in
such the court:
In the case of any misdemeanor, fifty dollars;
In the case of any felony, sixty dollars.
No
such clerk shall be required to handle or accept for
disbursement any fees, costs or accounts, of any other officer or
party not payable into the county treasury, except it be on order
of the court or in compliance with the provisions of law
governing
such the fees, costs or accounts.
Notwithstanding any other provision of this code to the
contrary, where any county commission has created a building
commission in accordance with section one, article thirty-three,
chapter eight of this code for the purpose of purchasing real
estate for the construction of courthouse buildings, or of
building, renovating or improving courthouse buildings, an
additional fee of twenty dollars shall be assessed and collected
by the clerk for the institution of any civil action 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, which shall be in
addition to any fee hereinbefore assessed. The clerk shall also
tax an additional ten-dollar fee for services in any criminal
case against the defendant convicted in the court, which shall be
in addition to any fee hereinbefore assessed in any criminal
case. All additional civil filing fees or additional criminal
fees shall be paid by the clerk of the court over to the county
courthouse construction fund to only be used to pay off and
retire any negotiable bonds, notes, debentures, revenue bonds and
other evidences of indebtedness entered into by the building
commission to fund the purchase of land for the construction of
courthouse buildings and to fund the construction, renovation or
improvement of courthouse buildings.
Upon the payment of all negotiable bonds, notes, debentures,
revenue bonds and other evidences of indebtedness entered into by
the building commission to fund said land purchase, construction,
improvement or renovation costs for courthouse buildings, the
additional fees for filing said civil actions and fees assessed
against criminal defendants convicted in circuit court shall
terminate.
NOTE: The purpose of this bill is to create the funding of
the construction, renovation or improvement of courthouse
buildings by imposing additional fees, costs and taxes on services within the counties.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§§8-33-10a and 59-1-10a are new; therefore, strike-throughs
and underscoring have been omitted.
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