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Committee Substitute House Bill 2732 History

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COM SUB 2 LINES

COMMITTEE SUBSTITUTE

FOR

H. B. 2732

By Delegates Doyle, Brown, Hatfield, Marshall, Ellem,

Moore, Fleischauer and D. Poling)

(Originating in the Committee on the Judiciary)

 

[February 25, 2011]

 

A BILL to amend and reenact §3-12-6 of the Code of West Virginia, 1931, as amended; all relating to public campaign financing; providing sources of revenue for the Supreme Court of Appeals Public Campaign Financing Fund; authorizing a transfer from the Treasurer’s Unclaimed Property Trust Fund to the fund; authorizing fair administration of justice attorney fees; authorizing fair administration of justice court fees; and providing for the collection and deposit of such sources of revenue into the fund.

Be it enacted by the Legislature of West Virginia:

    That §3-12-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 12. WEST VIRGINIA SUPREME COURT OF APPEALS PUBLIC CAMPAIGN FINANCING PILOT PROGRAM.

§3-12-6. Sources of revenue for the fund.

    Revenue from the following sources shall be deposited in the fund:

    (1) All exploratory and qualifying contributions in excess of the established maximums;

    (2) Money returned by participating or certified candidates who fail to comply with the provisions of this article;

    (3) Unspent or unobligated moneys allotted to certified candidates and remaining unspent or unobligated on the date of the general election for which the money was distributed;

    (4) If a certified candidate loses, all remaining unspent or unobligated moneys after the primary election;

    (5) Civil penalties levied by the State Election Commission against candidates for violations of this article;

    (6) Civil penalties levied by the Secretary of State pursuant to section seven, article eight of this chapter;

    (7) Voluntary donations made directly to the fund;

    (8) Interest income;

    (9) On or before July 1, 2010, and for two successive years thereafter, the State Auditor shall authorize the transfer of the amount of $1 million from the Purchasing Card Administration Fund established in section ten-d, article three, chapter twelve of this code to the fund created by this article; and

    (10) Money appropriated to the fund; and

    (11) On or before July 1, 2011, the unclaimed property administrator of the State Treasurer’s Office shall transfer the amount of $2 million from the Unclaimed Property Trust Fund to the fund created by this article.

    (12) Beginning in fiscal year 2011-2012, the West Virginia State Bar shall assess every attorney licensed to practice law in West Virginia a fee for the fair administration of justice to be deposited into the fund as follows:

    (A) Attorneys licensed to practice law for three years or less, $50;

    (B) Attorneys licensed to practice law for more than three years, $75; and

    (C) Attorneys licensed to practice law on inactive status, $65.

    All fees obligated to the fund shall be collected by the West Virginia State Bar and transmitted to the State Treasurer to be deposited in the fund.

    (13) There is assessed a fair administration of justice fee of $10 on each civil action filed in circuit court, except class actions and domestic relations actions, instituted under the rules of civil procedure, any statutory summary proceeding, any extraordinary remedy filed, and the docketing of civil appeals to circuit court or any other action, cause, suit or proceeding instituted in circuit court on and after the effective date of this article. No fee may be charged on any such action filed in forma pauperis. The clerk of the circuit court shall collect the fee at the time any such action is filed and shall remit the fees collected each month to the State Treasurer to be deposited in the fund.

    (14) There is assessed a fair administration of justice fee of $20 on each party in a class action lawsuit filed in circuit court at the time the case is settled or judgment rendered. No fee may be charged on any such action filed in forma pauperis. The fee shall be paid to the clerk of the circuit court at the time of settlement or when judgment is rendered. Where judgement is rendered the fee shall be collected from the nonprevailing party. The clerk shall remit the fees collected each month to the State Treasurer to be deposited in the fund.

    (15) There is assessed a fair administration of justice fee of $10 on each plaintiff in a divorce action filed in family court at the time the case is filed. No fee may be charged on any such action filed in forma pauperis. The clerk of the family court shall collect the fee at the time any such action is filed and shall remit the fees collected each month to the State Treasurer to be deposited in the fund. 

    (16) There is assessed a fair administration of justice fee of $10 on each plaintiff in a civil action filed in magistrate court at the time the case is filed. No fee may be charged on any such action filed in forma pauperis. The clerk of the magistrate court shall collect the fee at the time any such action is filed and shall remit the fees collected each month to the West Virginia State Treasurer to be deposited in the fund.

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