ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 145
(By Senators Craigo, Helmick, Wiedebusch and Snyder)
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[Originating in the Committee on the Judiciary;
reported March 7, 1997.]
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A BILL to amend and reenact section one-a, article eleven, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section four-a, article three, chapter fifty of said code; and to amend and reenact section twenty-eight-a, article one, chapter fifty-nine of said code, all relating to the disposition of criminal costs and civil filing fees from municipal, magistrate and circuit courts into the state treasury account for the regional jail and correctional facility development fund; eliminating provision that no payment be made into the fund from costs assessed in municipal court cases until the defendant has paid all costs dedicated for the use and benefit of the municipality; requiring municipal court clerks and magistrate court clerks to pay prorated share of fines and costs received on each proceeding each month into fund; providing that penalties and interest on the moneys due be assessed against municipal courts when the clerk of the court fails to properly remit moneys due; and requiring circuit court clerk to pay prorated amounts of partial payments of filing fees in civil actions to fund and court security fund.

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Adopted
Rejected

Be it enacted by the Legislature of West Virginia:
That section one-a, article eleven, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section four-a, article three, chapter fifty of said code be amended and reenacted; and that section twenty-eight-a, article one, chapter fifty-nine of said code be amended and reenacted, all to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND ORDINANCE PROCEDURES.

§8-11-1a. Disposition of criminal costs into state treasury account for regional jail and correctional facility development fund.

The clerk of each municipal court, or the person designated to receive fines and costs, shall at the end of each month pay into the regional jail and ~~prison~~ correctional facility development fund in the state treasury an amount equal to the prorated share due the fund out of any moneys collected during that month on account of each proceeding, up to a maximum amount of forty dollars of the total costs collected in each proceeding, except for traffic offenses that are not moving violations. ~~Provided:~~ That in a case where a defendant has failed to pay all costs assessed against him, no payment shall be made to the regional jail and prison development fund unless and until the defendant has paid all costs which, when paid, are available for the use and benefit of the municipality In the event that the clerk of a municipal court or other person designated to receive fines and costs fails, at the end of any month, to pay into the regional jail and correctional facility development fund the prorated share due the fund out of any moneys collected in that month pursuant to this section, the state treasurer may assess a penalty against that municipal court in an amount equal to ten percent of the moneys due and unpaid, plus interest as allowed by section thirty-one, article six, chapter fifty-six of this code.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 3. COSTS, FINES AND RECORDS.

§50-3-4a. Disposition of criminal costs and civil filing fees into state treasury account for regional jail and correctional facility development fund.

The clerk of each magistrate court shall, at the end of each month, pay into the regional jail and ~~prison~~ correctional facility development fund in the state treasury an amount equal to the prorated share due the fund out of any moneys collected during that month on account of each proceeding, up to a maximum amount of forty dollars of the total costs collected in each criminal proceeding and all but ten dollars of the costs collected for the filing of each civil action.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS;
LEGAL ADVERTISEMENT.
ARTICLE 1. FEES AND ALLOWANCES.

§59-1-28a. Disposition of filing fees in divorce and other civil actions and fees for services in criminal cases.

(a) Except for those payments to be made from amounts equaling filing fees received for the institution of divorce actions as prescribed in subsection (b) of this section, for each civil action instituted 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 in the circuit court, the clerk of the court shall, at the end of each month, pay into the funds or accounts described in this subsection an amount equal to the amount set forth in this subsection of every filing fee received for instituting the action, prorated as necessary in the event of partial payments, as follows:
(1) Into the regional jail and correctional facility development fund in the state treasury established pursuant to the provisions of section ten, article twenty, chapter thirty-one of this code, the amount of sixty dollars; and
(2) Into the court security fund in the state treasury established pursuant to the provisions of section fourteen, article three, chapter fifty-one of this code, the amount of five dollars.
(b) For each divorce action instituted in the circuit court, the clerk of the court shall, at the end of each month, pay into the funds or accounts in this subsection an amount equal to the amount set forth in this subsection of every filing fee received for instituting the divorce action as follows:
(1) Into the regional jail and correctional facility development fund in the state treasury established pursuant to the provisions of section ten, article twenty, chapter thirty-one of this code, the amount of ten dollars;
(2) Into the special revenue account of the state treasury, established pursuant to section twenty-four, article one, chapter forty-eight of this code, an amount of thirty dollars;
(3) Into the family law masters fund in the state treasury, established pursuant to section twenty-three, article four, chapter forty-eight-a of this code, an amount of fifty dollars; and
(4) Into the court security fund in the state treasury, established pursuant to the provisions of section fourteen, article three, chapter fifty-one of this code, the amount of five dollars.
(c) The clerk of each circuit court shall, at the end of each month, pay into the regional jail and prison development fund in the state treasury an amount equal to forty dollars of every fee for service received in any criminal case against any defendant convicted in the court and shall pay an amount equal to five dollars of each fee into the court security fund in the state treasury established pursuant to the provisions of section fourteen, article three, chapter fifty-one of this code.