SENATE CONCURRENT RESOLUTION NO. 45
(By Senators Caruth and Unger)
Requesting the Joint Committee on Government and Finance study the
feasibility and effect of designating that proceeds from fines
assessed in criminal cases go to county governments instead of
the state government.
Whereas, Many counties are having financial difficulties
resulting from the significant burden of regional jail fees; and
Whereas, This financial burden would be eased if the proceeds
from fines assessed in criminal cases were returned to the county
in some form; and
Whereas, This matter should be studied from several
perspectives or scenarios, including:
(1) The Constitutional issues raised by Article XII, Section
5 and the possible amendment thereof;
(2) The fiscal impact to the state and counties of designating
that the proceeds from all criminal fines be returned to the
counties and not to the state;
(3) The fiscal impact to the state and counties of designating
that a certain percentage of the proceeds from criminal fines, from
25 percent to 75 percent, be returned to the counties; and
(4) The fiscal impact to the state and counties of designating
that the proceeds from criminal fines only go to counties which are in arrears in their regional cost payments; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility and effect of designating that
proceeds from fines assessed in criminal cases go to county
governments instead of the state government; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.