ENGROSSED
Senate Bill No. 636
(By Senator Bailey)
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[Introduced February 20, 2006; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A Bill to amend and reenact §51-3-14 of the Code of West Virginia,
1931, as amended, relating to the Court Security Fund and
administrative costs therein; and authorizing a fee of three
percent not to exceed thirty-thousand dollars to Department of
Military Affairs and Public Safety for administering Court
Security Fund.
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 the lesser of three
percent of the funds deposited into the court security fund or
thirty thousand dollars. 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 state 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.