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HomeMy WebLinkAbout065-21 (OrdAmendmentChapter155Taxation(AssessmntOfCourtCostsForCourthouseSecurity)) .f J�'N ORDINANCE February 10, 2021 The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 155- 46 (Fee imposed; collection; use) of Article XI (Assessment of Court Costs for Courthouse Security) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 155-46 (Fee imposed; collection; use) of Article XI (Assessment of Court Costs for Courthouse Security) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows and to take effect April 1, 2021 (deletion shown in strikethre ; addition shown in bold underline): CHAPTER 155 Taxation ARTICLE XI Assessment of Court Costs for Courthouse Security § 155-46 Fee imposed; collection; use. Pursuant to § 53.1-120D of the Code of Virginia, 1950, as amended, there is hereby assessed a fee of W 20 as part of the costs in each criminal or traffic case which is tried in either one of the district courts of the County of Frederick or in the Circuit Court of the County of Frederick and which results in conviction of any statute or ordinance. This fee shall be collected by the Clerk of the circuit court in which the case is heard, remitted to the Treasurer of Frederick County, and held by the Treasurer subject to appropriation by the Board of Supervisors to the Sheriff of Frederick County for the funding of courthouse security personnel. Enacted this 10th day of February 2021. Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Blaine P. Dunn Aye David D. Stegmaier Aye Judith McCann-Slaughter Aye A COPY ATTEST ---f Kri C. Tiern Frederick County Administrator Res. # 065-21 CODE&ORDINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday,December 8,2020 3:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA ATTENDEES: Committee Members Present: J. Douglas McCarthy,Chair;Blaine P. Dunn;Stephen Butler,and Derek Aston Committee Members Absent: James Drown Staff Present: Roderick B.Williams, County Attorney;Jay E.Tibbs,Deputy County Administrator; Kathryn Corbit, Chief Admin for the Business Division, Commissioner of the Revenue's Office. ITEMS FOR BOARD OF SUPERVISORS ACTION: 1. Proposed Revision to Frederick County Code, Chapter 155 Taxation,Article IX Assessment of Court Costs for Courthouse Security, §155-46 Fee Imposed; collection;use. Mr. Williams reviewed the proposed revision. The General Assembly during its 2020 Regular Session passed legislation increasing the courthouse security fee that localities may impose as part of the court costs in each criminal case in which a defendant is convicted of a violation of any statute or ordinance. The proposed ordinance would increase the current$10 fee to $20. The Clerk of the Circuit Court requested consideration of this fee increase. Upon a motion by Mr. Aston, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the Proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. 2. Proposed revision to Frederick County Code, Chapter 155,Taxation,Article XVI Business License Provisions, §155-85 Proration of tax. Mr. Williams reviewed the proposed revision to Chapter 155,Taxation. The General Assembly during its 2020 Regular Session passed legislation permitting a local governing body to authorize the locality's treasurer to issue any refund up to$5,000 as a result of an erroneous tax assessment. The legislation increased the amount from$2,500 to $5,000. For any refund above $5,000,the governing body must approve the refund. The proposed amendment would confirm that the authority for such refunds extends to refunds of business license taxes. Upon a motion by Mr. Butler,seconded by Mr.Dunn, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. 3. Proposed revision to Frederick County Code, Chapter 155,Taxation,Article XVI Business License Provisions, §155-110 Violations and penalties. Mr. Williams reviewed the proposed revision to Chapter 155,Taxation.The General Assembly during its 2012 Regular Session passed legislation permitting a locality to required that no business license shall be issued to an applicant therefor until that person has produced satisfactory evidence that all delinquent business license,real estate,personal property,meals, transient occupancy,severance,and admissions taxes owed by the business to the locality have been paid which have been properly assessed against the applicant by the locality. Upon a motion by Mr. Dunn,seconded by Mr. Butler,the Code and Ordinance,Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. There being no further business,the meeting was adjourned at 3:25 p.m. COUNTY OF FREDERICK Roderick B.Williams County Attorney 540/722-8383 Fax 5401667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Code& Ordinance Committee FROM: Roderick B. Williams, County Attorney DATE: December 1, 2020 RE: Assessment of Court Costs for Courthouse Security—Legislation Authorizing Increase in Fee The General Assembly at its 2020 Regular Session passed legislation increasing the courthouse security fee that localities may impose as part of the court costs in each criminal case in which a defendant is convicted of a violation of any statute or ordinance. A copy of the Iegislation is attached. The County currently imposes a$10 fee for this purpose. The new Iegislation permits the County to increase the fee to $20. The Clerk of the Circuit Court has requested consideration of the increase. The Treasurer's Office reports that, in Fiscal Year 2020,the County received approximately $91,500 in courthouse security fee assessments. Therefore, were the County to increase the courthouse security fee assessment,the County could expect that the amount of collections of the fee in future fiscal years would be roughly double the FY2020 amount and therefore be approximately $183,000. The authorizing legislation restricts use of the funds to the funding of courthouse security personnel, and, if requested by the sheriff, equipment and other personal property used in connection with courthouse security. At present, the Sheriff's Office has over 20 deputies assigned to its Civil Services Division,the responsibilities of which include courthouse security. While not as many as 20 deputies are performing courthouse security functions at any given time,the potential$183,000 in revenue from the courthouse security fee would cover the costs of approximately three FTEs and the demands of courthouse security functions certainly exceed three FTEs. Toward this end, it may be appropriate for the Sheriff's Office regular annual budget to show this revenue and then provide for use of the courthouse security fee funds for personnel costs, in lieu of having the funds accumulate. 107 North Kent Street • Winchester, Virginia 22601 A draft proposed revision to the relevant section of the County Code, Section 155-46, is attached. This memorandum serves as a request for a recommendation from the Code & Ordinance Committee as to whether to forward this item to the Board of Supervisors for further consideration. Attachments cc Kris C. Tierney, County Administrator Jay E. Tibbs, Deputy County Administrator VIRGINIA ACTS OF ASSEMBLY -- 2020 SESSION CHAPTER 602 An Act to amend and reenact § 53.1-120 of the Code of Virginia, relating to courthouse and courtroom security; assessment. [S 149] Approved April 2,2020 Be it enacted by the General Assembly of Virginia: 1. That § 53.1-120 of the Code of Virginia is amended and reenacted as follows: § 53.1-120. Sheriff to provide for courthouse and courtroom security; designation of deputies for such purpose; assessment. A. Each sheriff shall ensure that the courthouses and courtrooms within his jurisdiction are secure from violence and disruption and shall designate deputies for this purpose. A list of such designations shall be forwarded to the Director of the Department of Criminal Justice Services. B. The chief circuit court judge, the chief general district court judge and the chief juvenile and domestic relations district court judge shall be responsible by agreement with the sheriff of the jurisdiction for the designation of courtroom security deputies for their respective courts. If the respective chief judges and sheriff are unable to agree on the number, type and working schedules of courtroom security deputies for the court, the matter shall be referred to the Compensation Board for resolution in accordance with existing budgeted funds and personnel. C. The sheriff shall have the sole responsibility for the identity of the deputies designated for courtroom security. D. Any county or city, through its governing body, may assess a sum not in excess of W $20 as part of the costs in each criminal or traffic case in its district or circuit court in which the defendant is convicted of a violation of any statute or ordinance. If a town provides court facilities for a county, the governing body of the county shall return to the town a portion of the assessments collected based on the number of criminal and traffic cases originating and heard in the town. The imposition of such assessment shall be by ordinance of the governing body that may provide for different sums in the circuit courts and district courts. The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the treasurer of the appropriate county or city and held by such treasurer to be appropriated by the governing body to the sheriffs office. The assessment shall be used solely for the funding of courthouse security personnel, and, if requested by the sheriff, equipment and other personal property used in connection with courthouse security.