COMMITTEE SUBSTITUTE

FOR

H. B. 2263

(By Delegates Staton, Beane, Fleischauer, Amores and Faircloth)


(Originating in the Committee on Finance)

[March 28, 1997]



A BILL to amend and reenact section four, article three, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to disposition of court costs collected in magistrate courts; continuing and increasing allowable deposits in magistrate court funds for the purpose of defraying expenses incurred by counties for providing services to magistrate courts; allowing court costs collected in excess of limitations on deposits in magistrate court funds to be placed in escrow for distribution to counties with underfunded magistrate court funds.

Be it enacted by the Legislature of West Virginia:
That section four, article three, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-4. Disposition of costs; magistrate court fund.

(a) Except for the funds specified in section four-a, All costs collected in magistrate courts in a civil proceeding pursuant to the provisions of section one of this article, or and all costs collected in magistrate courts in a criminal proceeding pursuant to the provisions of section two of this article, 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 of appeals of West Virginia 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 county. All costs collected in excess of such 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.
(b) There is hereby created in each county a (1) The special county fund known as the magistrate court fund established in each county by chapter thirty-three, acts of the Legislature, regular session, one thousand nine hundred seventy- six, as amended and reenacted in subsequent acts of the Legislature, is hereby continued. 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 The moneys credited to the fund may be used solely for the purposes provided in this subsection.
(2) The magistrate court clerk of each county shall pay the sum of ten dollars collected by magistrates in each civil and criminal proceeding into the magistrate court fund during each fiscal year until there is paid a sum equal to fifteen thousand dollars multiplied by the number of magistrates authorized for the county.
(3) A county may, in accordance with the supervisory rules of the supreme court of appeals of West Virginia, appropriate and spend from the magistrate court fund such sums as are necessary to defray the expenses of providing services to magistrate courts.
(c)(1) There is hereby created in the state treasury a special escrow account designated as the "magistrate court surplus account". The moneys credited to the account may be used solely for the purposes provided in this subsection.
(2) Beginning on the first day of July, one thousand nine hundred ninety-seven, all costs collected during a fiscal year in excess of the sum specified in subdivision (2), subsection (b) of this section shall be deposited in the magistrate court surplus account in the state treasury.
(3) Beginning on the first day of September, one thousand nine hundred ninety-eight, and on the first day of September of each year thereafter, in accordance with the supervisory rules of the supreme court of appeals, funds from the magistrate court surplus account deposited therein as excess costs collected in the prior fiscal year pursuant to the provisions of subdivision (2) of this subsection shall be disbursed as a supplement to any county magistrate court fund which generated less than fifteen thousand dollars per magistrate in the prior fiscal year in accordance with the provisions of this subsection.
(4) The amount disbursed to a county magistrate court fund from the magistrate court surplus account, when combined with the court costs generated by the magistrate court fund of the county in the prior fiscal year, may not exceed fifteen thousand dollars per magistrate.
(5) The disbursements described in subdivision (3) of this subsection shall be made as follows:
(A) There shall be distributed to each county magistrate court fund that generated less than nine thousand dollars in the prior fiscal year the sum of nine thousand dollars less the amount of court costs generated by the county magistrate court fund in the prior fiscal year. To the extent that the funds available for this disbursement are insufficient to fully fund this disbursement, the funds available shall be disbursed to these counties on a pro rata basis.
(B) Any funds that remain available for disbursement after disbursements made pursuant to paragraph (A) of this subdivision shall be disbursed in equal shares to each county magistrate court fund that generated less than fifteen thousand dollars per magistrate in the prior fiscal year. The shares to be disbursed to each county magistrate court fund are to be equal to the number of magistrates in the county. Any disbursement made under this paragraph, however, shall be subject to the limitations specified in subdivision (4) of this subsection.
(5) Any funds that remain available in the magistrate court surplus account after the disbursements have been made pursuant to the provisions of paragraphs (A) and (B), subdivision (4) of this subsection shall be deposited by the state treasurer into the general revenue fund of the state. (c)(1) There is hereby created in the state treasury a special escrow account designated as the "magistrate court surplus account". The moneys credited to the account may be used solely for the purposes provided in this subsection.
(2) Beginning on the first day of July, one thousand nine hundred ninety-seven, all costs collected during a fiscal year in excess of the sum specified in subdivision (2), subsection (b) of this section shall be deposited in the magistrate court surplus account in the state treasury. Beginning on the first day of July, one thousand nine hundred ninety-eight, and during each fiscal year thereafter, in accordance with the supervisory rules of the supreme court of appeals, funds from the magistrate court surplus account may be disbursed as a supplement to any county magistrate court fund which generated less than fifteen thousand dollars in the prior fiscal year. The amount disbursed to a county magistrate court fund from the magistrate court surplus account, when combined with the court costs generated by the magistrate court fund of the county in the prior fiscal year, may not exceed fifteen thousand dollars. Beginning on the thirtieth day of June, one thousand nine hundred ninety-nine, and on the last day of each fiscal year thereafter, the state treasurer shall deposit to the general revenue fund of the state any balance remaining in the magistrate court surplus account.
A county may, in accordance with the supervisory rules of the supreme court of appeals, appropriate and spend from such fund such sums as shall be necessary to defray the expenses of providing services to magistrate courts.