SB444 HFIN AM

McOwen 3230

The Committee on Finance moves to amend the bill on page one, following the enacting section, by striking the remainder of the bill in its entirety and inserting in lieu thereof the following:

“ARTICLE 1.  SUPREME COURT OF APPEALS.

§51-1-22.  Court Advanced Technology Subscription Fund created.

(a) The  West Virginia Supreme Court of Appeals may charge fees from subscribers using the court’s advanced technology systems pursuant to a schedule of fees published pursuant to administrative order of the Court.  All fees charged shall be deposited into the state treasury in accordance with the provisions of this section.  There is created within the State Treasury a special revenue fund designated the Court Advanced Technology Subscription Fund to be administered by the West Virginia Supreme Court of Appeals.

(b) The fund shall consist of moneys received from subscribers using the court’s advanced technology systems including, but not limited to, the E-filing system and the Unified Judicial Application Information System: Provided, that until the E-filing system or any other advanced technology is mandatory in all fifty-five counties of the state there may be no subscriber fee or other fee charged for use of the E-filing system beyond the fees required in counties not yet using the E-filing system or other advanced technology, so that the costs of the using the Courts in this state are equal regardless of where a person may use the Courts.

(c) One half of all moneys collected from subscribers are to be deposited into the State Treasury and credited to the Court Advanced Technology Subscription Fund shall be used to pay the costs associated with maintaining and administering the court’s advanced technology systems.  One half of all moneys collected from subscribers are to be deposited into the general revenue fund.

(d) All moneys collected by the administrator of the Supreme Court of Appeals for the use of the court’s advanced technology shall be deposited into the Court Advanced Technology Subscription Fund.  Expenditures from the fund shall be for the purposes set forth in subsection (c) of this section and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature in accordance with article three, chapter twelve of this code and upon fulfillment of the requirements of article two, chapter eleven-b of this code:  Provided, That for the fiscal year ending June 30, 2017, expenditures are authorized from collections rather than pursuant to appropriation by the Legislature.”.

Adopted

Rejected