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 to be used to defray expenses incurred by counties for providing services to magistrate courts; and allowing court costs collected in excess of limitations on deposits in magistrate court funds to be placed in surplus account for distribution to counties with underfunded magistrate court funds.

§50-3-4. Disposition of costs; magistrate court fund.

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.

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, appropriate and spend from the 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 amount may be used solely for the purposes provided in this subsection.
(2) Beginning on the first day of July, two thousand, 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, two thousand one, 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.
(6) 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 (5) of this subsection shall be deposited by the state treasurer into the general revenue fund of the state.