FISCAL NOTE

Date Requested: January 11, 2024
Time Requested: 09:35 PM
Agency: Supreme Court of Appeals
CBD Number: Version: Bill Number: Resolution Number:
1079 Introduced HB4384
CBD Subject: Courts


FUND(S):

Special Revenue

Sources of Revenue:

Special Fund

Legislation creates:

Decreases Existing Revenue



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


The Court cannot estimate the fiscal impact of this bill for several reasons. First, the circuit clerk collects civil case filing fees and distributes those funds pursuant to several sections of code. State revenues are transmitted to the State Treasurer for further distribution and are not handled by the Supreme Court. Second, the Court cannot estimate the volume of possible filings impacted at this time. While a figure is not possible to calculate, there would be a decrease to counties, regional jails, the court security fund, the courthouse facilities improvement fund, the Fund for Civil Legal Services for Low Income Persons, and legal services for domestic violence victims. The Supreme Court is not the recipient of any funds from civil case filing fees.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2024
Increase/Decrease
(use"-")
2025
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


The Court cannot estimate the fiscal impact of this bill for several reasons. First, the circuit clerk collects civil case filing fees and distributes those funds pursuant to several sections of code. State revenues are transmitted to the State Treasurer for further distribution and are not handled by the Supreme Court. Second, the Court cannot estimate the volume of possible filings impacted at this time. While a figure is not possible to calculate, there would be a decrease to counties, regional jails, the court security fund, the courthouse facilities improvement fund, the Fund for Civil Legal Services for Low Income Persons, and legal services for domestic violence victims. The Supreme Court is not the recipient of any funds from civil case filing fees.



Memorandum


This bill as drafted conflicts with Rule 3(a) of the West Virginia Rules of Civil Procedure and the various cases interpreting this rule in the context of filings by multiple plaintiffs.



    Person submitting Fiscal Note: Keith Hoover
    Email Address: keith.hoover@courtswv.gov