Bill Text: WV SB29 | 2022 | Regular Session | Comm Sub
Bill Title: Providing fee for processing of criminal bonds
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Engrossed - Dead) 2022-03-08 - To House Finance [SB29 Detail]
Download: West_Virginia-2022-SB29-Comm_Sub.html
WEST virginia legislature
2022 regular session
Committee Substitute
for
Senate Bill 29
By Senators Swope, Jeffries, Woodrum, Takubo, and Nelson
[Originating in the Committee on the Judiciary; reported on February 23, 2022]
A BILL to amend and reenact §50-3-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §59-1-10 of said code, all relating to the Courthouse Facilities Improvement Authority generally; imposing a $10 processing fee for criminal bail bonds, other than personal recognizance bonds, which fee is to be deposited in the Courthouse Facilities Improvement Fund; imposing a $25 fee for the processing of bail pieces, the revenue from which is deposited in the Courthouse Facilities Improvement Fund; and increasing the fee for a deed of conveyance with the increase dedicated to the Courthouse Facilities Improvement Fund.
Be it enacted by the Legislature of West Virginia
CHAPTER 50. MAGISTRATE COURTS.
Article 3. Magistrate Courts.
§50-3-2. Costs in criminal proceedings.
(a) In each criminal case
before a magistrate court in which the defendant is convicted, whether by plea
or at trial, there is imposed, in addition to other costs, fines, forfeitures,
or penalties as may be allowed by law: (1) Costs in the amount of $60,
of which $5 of that amount shall be deposited in the Courthouse Facilities
Improvement Fund created by §29-26-6 of this code; (2) an amount equal to the
one-day per diem provided for in §15A-3-16(g) of this code; and (3) costs in
the amount of $30 to be deposited in the Regional Jail Operations Partial
Reimbursement Fund created by §15A-3-16 of this code. A magistrate may not
collect costs in advance. Notwithstanding any other provision of this code, a
person liable for fines and court costs in a criminal proceeding in which the
defendant is confined in a jail or prison and not participating in a work-release
program shall not be held liable for the fines and court costs until one
hundred eighty 180 days after completion of the term in jail or
prison. A magistrate court shall deposit $5 from each of the criminal
proceedings fees collected pursuant to this section in the Court Security Fund
created in §51-3-14 of this code. A magistrate court shall, on or before the
10th day of the month following the month in which the fees imposed in this
section were collected, remit an amount equal to the one-day per diem provided
for in §15A-3-16(g) of this code from each of the criminal proceedings in which
the fees specified in this section were collected to to the
magistrate court clerk, or if there is no magistrate court clerk to the clerk
of the circuit, together with information as may be required by the
rules of the Supreme Court of Appeals and the rules of the Office of Chief
Inspector. These moneys are paid to the sheriff who shall distribute the moneys
solely in accordance with the provisions of §7-5-15 of this code. Amendments made
to this section during the 2001 regular session of the Legislature, are
effective after June 30, 2001.
(b) A magistrate shall assess costs in the amount of $2.50 for issuing a sheep warrant and the appointment and swearing appraisers and docketing the proceedings.
(c) In each criminal case
which must be tried by the circuit court but in which a magistrate
renders some service, costs in the amount of $10 shall be imposed by the
magistrate court and is shall be certified to the clerk of the
circuit court in accordance with the provisions of §62-5-6 of this code.
(d) The clerk of a magistrate court shall charge and collect a fee of $10 for services rendered by the clerk for processing criminal bonds and the fees which shall be assessed as costs of the proceeding due only upon conviction.
(e) All fees collected pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by §29-26-6 of this code. Nothing in this subsection may be construed to impose a fee for the processing of a personal recognizance bond.
(f) The clerk of a magistrate court shall charge and collect a fee of $25 for services rendered by the clerk for processing a bail piece and the fee shall be paid by the surety at the time of issuance. All fees collected pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by §29-26-6 of this code.
CHAPTER 59. FEES, ALLOWANCES, AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-10. Fees to be charged by clerk of county commission.
For the purpose of this section, the word “page” is defined as being a paper or electronic writing of not more than legal size, 8 1/2” x 14”.
(a) When a writing is admitted to the record, for
receiving proof of acknowledgment thereof, of the writing, entering
an order in connection therewith, with the writing, endorsing
clerk’s certificate of recordation thereon on the writing and
indexing in a proper index, the clerk of the county commission shall charge and
collect the following fees:
(1) Twenty-five Thirty dollars for a deed of
conveyance (with or without a plat), trust deed, fixture filing, or security
agreement concerning real estate lease.
(2) Forty dollars for a trustee’s report of sale for any
property for which additional information and filing requirements are required
by section eight-a, article one, chapter thirty-eight §38-1-8a of this
code. Twenty dollars of each recording fee received pursuant to this
subdivision shall be deposited into the county’s general revenue fund and $20
paid quarterly by the clerk of the county commission to the West Virginia
Housing Development Fund established in article eighteen, chapter thirty-one
§31-18-1 et seq. of this code.
(3) Ten dollars for a financing, continuation, termination,
or other statement or writing permitted to be filed under chapter forty-six
46 of this code.
(4) Ten dollars for a plat or map (with no deed of conveyance).
(5) No charge for a service discharge record.
(6) Ten dollars for any document or writing other than those referenced in subdivisions (1), (2), (3), (4) and (5) of this subsection.
(7) One dollar for each additional page for documents or writings containing more than five pages.
For any of the documents admitted to record pursuant to this subsection, if the clerk of the county commission has the technology available to receive these documents in electronic form or other media, the clerk shall set a reasonable fee to record these writings not to exceed the cost for filing paper documents.
(8) Of the fees collected pursuant to subdivision (1),
subsection (a) of this section, $10 shall be deposited in the county general revenue
fund in accordance with section twenty-eight section 28 of this
article, $5 shall be deposited in the county reappraisal fund and dedicated to
the operation of the assessor’s office mapping division, $3 $8 shall
be deposited in the Courthouse Facilities Improvement Fund created by section
six, article twenty-six, chapter twenty-nine §29-26-6 of this code,
$1 to the county 9-1-1 center and $2 shall be deposited in the county general
fund and dedicated to the operation of the county clerk’s office. Four dollars
of the fees collected pursuant to subdivision (1), subsection (a) of this section
and $5 of the fees collected pursuant to subdivision (6), subsection (a) of
this section shall be paid by the county clerk into the State Treasury and
deposited in equal amounts for deposit into the Farmland Protection Fund
created in in article twelve, chapter eight-a §8A-12-1 et seq. of this code for the benefit of the West
Virginia Agricultural Land Protection Authority and into the Outdoor Heritage
Conservation Fund created in article two-g, chapter five-b §5B-2G-7(f)
of this code. The funds deposited in the State Treasury pursuant to this
subdivision may only be used for costs, excluding personnel costs, associated
with purpose of land conservation, as defined in subsection (f), section
seven, article two-g, chapter five-b §5B-2G-7(f) of this code.
(b) Five dollars for administering any oath other than
oaths by officers and employees of the state, political subdivisions of the
state, or a public or quasi-public entity of the state, or a
political subdivision of the state, taken in his or her official capacity.
(c) Fifty-five dollars for issuance of marriage a
license and other duties pertaining to the marriage license (including
preparation of the application, administrating the oath, registering and
recording the license, mailing acknowledgment of minister’s return to one of
the licensees, and notification to a licensee after sixty 60 days
of the nonreceipt of the minister’s return). This fee is reduced to $35 if the
applicants present a premarital education course completion certificate issued
pursuant to section seven hundred one, article two, chapter forty-eight §48-2-701
of this code and dated within one year of the application for a marriage
license.
(1) One dollar of the marriage license fee received
pursuant to this subsection shall be paid by the county clerk into the State
Treasury as a state registration fee in the same manner that license taxes are
paid into the Treasury under article twelve, chapter eleven §11-12-1 et seq. of this code;
(2) Fifteen dollars of the marriage license fee received
pursuant to this subsection shall be paid by the county clerk into the State
Treasury for the Family Protection Shelter Support Act in the same manner that
license taxes are paid into the Treasury under article twelve, chapter eleven
§11-12-1 et seq. of this code;
(3) Ten dollars of the marriage license fee received
pursuant to this subsection shall be deposited in the Courthouse Facilities
Improvement Fund created by section six, article twenty-six, chapter
twenty-nine §29-26-6 of this code; and
(4) If a premarital education course completion
certificate is not presented, the county clerk shall, on or before the 10th
tenth day of each month, transmit $20 of the marriage license fee
received pursuant to this subsection to the State Treasurer for deposit in the
State Treasury as follows:
(A) Five dollars to the credit of the Family Protection
Shelter Support Act in the same manner that license taxes are paid into the
Treasury under article twelve, chapter eleven §11-12-1 et seq. of this code;
(B) Five dollars to the credit of the special revenue account, hereby created, designated the Fund for Civil Legal Services for Low Income Persons, which shall consist of all gifts, grants, bequests, transfers, appropriations, or other donations or payments which may be received and administered by the Division of Justice and Community Services from any governmental entity or unit or any person, firm, foundation, or corporation for the purposes of this section, and all interest or other return earned from investment of the fund. Expenditures from the fund shall be made by the Director of the Division of Justice and Community Services and shall be limited to grants to nonprofit agencies which provide civil legal services to low income persons made at his or her discretion. Any balance in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided by this section.
(C) Ten dollars to the credit of the Marriage Education
Fund created pursuant to section seven hundred two, article two, chapter
forty-eight §48-2-702 of this code.
(d) (1) One dollar and fifty 50 cents for a
copy of any writing or document, if it is not otherwise provided for.
(2) One dollar for each additional page if the writing or documents contains more than two pages.
(3) One dollar for annexing the seal of the commission or clerk to any paper.
(4) Five dollars for a certified copy of a birth certificate, death certificate, or marriage license.
(e) For copies of any record in electronic form or a medium other than paper, a reasonable fee set by the clerk of the county commission not to exceed the costs associated with document search and duplication.
