H. B. 2024
(By Delegate Cann (By Request))
[Introduced February 9, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §51-3-14 of the code of West Virginia,
1931, as amended, relating to expenses incurred in the cost of
administering the court security fund; and deleting obsolete
language.
Be it enacted by the Legislature of West Virginia:
That §51-3-14 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. COURTS IN GENERAL.
§51-3-14. Court security fund.
(a) The offices and the clerks of the magistrate courts and
the circuit courts shall, on or before the tenth day of each month,
transmit all fees and costs received for the court security fund in
accordance with the provisions of sections one and two, article
three, chapter fifty of this code and section eleven, article one,
chapter fifty-nine of this code for deposit in the state treasury to the credit of a special revenue fund to be known as the "court
security fund," which is hereby created under the Department of
Military Affairs and Public Safety. The court security fund may
receive any gifts, grants, contributions or other money from any
source which is specifically designated for deposit in the fund.
All moneys collected and received and paid into the state treasury
and credited to the court security fund shall be expended by the
board exclusively to implement the improvement measures agreed upon
in accordance with the security plans submitted pursuant to section
sixteen of this article and in accordance with an appropriation by
the Legislature,
and to pay expenses of the Department of Military
Affairs and Public Safety in administering this fund, which
expenses may not in any fiscal year exceed one percent of the funds
deposited into the court security fund. Amounts collected which
are found from time to time to exceed the funds needed for the
purposes set forth in this article may be transferred to other
accounts or funds and redesignated for other purposes upon
appropriation by the Legislature.
(b) Notwithstanding any provision of this code to the
contrary, during fiscal year two thousand, all fees and costs
received for the court security fund in accordance with the
provisions of sections one and two, article three, chapter fifty of
this code, section eleven, article one, chapter fifty-nine of this
code, and any other provision of this code, for deposit in the state treasury to the credit of the court security fund shall not
be deposited in the court security fund, but shall instead be
transmitted by the offices and the clerks of the magistrate courts
and the circuit courts, on or before the tenth day of each month,
for deposit in the Sstate treasury to the credit of the family
court fund established under section twenty-three, article four,
chapter forty-eight-a of this code. The fees and costs that are
deposited in the family court fund under the provisions of this
subsection shall be expended for the purposes set forth in said
section twenty-three.
(c) (b) Notwithstanding any provision of this code to the
contrary, after the thirtieth day of June, two thousand, the court
security board shall transfer such amounts from the court security
fund as may from time to time be directed by the Legislature in an
appropriation act to the domestic violence legal services fund
created in section four-c, article two-c, chapter forty-eight of
this code. Any moneys transferred to the domestic violence legal
services fund pursuant to the provisions of this section shall be
expended for the purposes specified in said section four-c.
NOTE: The purpose of this bill is to provide for
administration costs associated with the court security fund and to
eliminate obsolete language.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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