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Introduced Version Senate Bill 100 History

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Senate Bill No. 100

(By Senator Palumbo)

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[Introduced January 11, 2012; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to collection of fees by circuit clerks; and removing the requirement that the circuit court charge three times the amount of actual postage when mailing documents.

Be it enacted by the Legislature of West Virginia:

    That §59-1-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1. FEES AND ALLOWANCES.

§59-1-11. Fees to be charged by clerk of circuit court.

    (a) The clerk of a circuit court shall charge and collect for services rendered by the clerk the following fees which shall be paid in advance by the parties for whom services are to be rendered:

    (1) 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, $155, of which $30 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code and $20 deposited in the special revenue account created in section six hundred three, article twenty-six, chapter forty-eight of this code to provide legal services for domestic violence victims;

    (2) For instituting an action for medical professional liability, $280, of which $10 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code;

    (3) Beginning on and after July 1, 1999, for instituting an action for divorce, separate maintenance or annulment, $135;

    (4) For petitioning for the modification of an order involving child custody, child visitation, child support or spousal support, $85; and

    (5) For petitioning for an expedited modification of a child support order, $35.

    (b) In addition to the foregoing fees, the following fees shall may be charged and collected:

    (1) For preparing an abstract of judgment, $5;

    (2) For a 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, $1;

    (3) For issuing a suggestion and serving notice to the debtor by certified mail, $25;

    (4) For issuing an execution, $25;

    (5) For issuing or renewing a suggestee execution and serving notice to the debtor by certified mail, $25;

    (6) For vacation or modification of a suggestee execution, $1;

    (7) For docketing and issuing an execution on a transcript of judgment from magistrate court, $3;

    (8) For arranging the papers in a certified question, writ of error, appeal or removal to any other court, $10, of which $5 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code;

    (9) For postage and express and for sending or receiving decrees, orders or records, by mail or express, three times the actual amount of the postage or express charges;

    (10) For each subpoena, on the part of either plaintiff or defendant, to be paid by the party requesting the same, 50¢;

    (11) For additional service, plaintiff or appellant, where any case remains on the docket longer than three years, for each additional year or part year, $20; and

    (12) For administering funds deposited into a federally insured interest-bearing account or interest-bearing instrument pursuant to a court order, $50, to be collected from the party making the deposit. A fee collected pursuant to this subdivision shall be paid into the general county fund.

    (c) The clerk shall tax the following fees for services in a criminal case against a defendant convicted in such court:

    (1) In the case of a misdemeanor, $85; and

    (2) In the case of a felony, $105, of which $10 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.

    (d) The clerk of a circuit court shall charge and collect a fee of $25 per bond for services rendered by the clerk for processing of criminal bonds and the fee shall be paid at the time of issuance by the person or entity set forth below:

    (1) For cash bonds, the fee shall be paid by the person tendering cash as bond;

    (2) For recognizance bonds secured by real estate, the fee shall be paid by the owner of the real estate serving as surety;

    (3) For recognizance bonds secured by a surety company, the fee shall be paid by the surety company;

    (4) For ten-percent recognizance bonds with surety, the fee shall be paid by the person serving as surety; and

    (5) For ten-percent recognizance bonds without surety, the fee shall be paid by the person tendering ten percent of the bail amount.

    In instances in which the total of the bond is posted by more than one bond instrument, the above fee shall be collected at the time of issuance of each bond instrument processed by the clerk and all fees collected pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code. Nothing in this subsection authorizes the clerk to collect the above fee from any person for the processing of a personal recognizance bond.

    (e) The clerk of a circuit court shall charge and collect a fee of $10 for services rendered by the clerk for processing of bailpiece and the fee shall be paid by the surety at the time of issuance. All fees collected pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.

    (f) No clerk is required to handle or accept for disbursement any fees, cost or amounts of any other officer or party not payable into the county treasury except on written order of the court or in compliance with the provisions of law governing such fees, costs or accounts.


    NOTE: The purpose of this bill is to alter the mandatory nature of certain fee collections and to remove the requirement that the circuit court charge three times the amount of actual postage when mailing documents.


    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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