Commitee to elect Christopher Ratliff

Commitee to elect Christopher Ratliff Commitee to elect Christopher Ratliff Commitee to elect Christopher Ratliff

Commitee to elect Christopher Ratliff

Commitee to elect Christopher Ratliff Commitee to elect Christopher Ratliff Commitee to elect Christopher Ratliff
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Transparency

Stop Policing for Profit: My Plan for Justice and Accountability
​THE PROBLEM: Currently, many West Virginia municipalities rely heavily on fines and fees from local traffic and ordinance violations to fund their general operations. This creates a dangerous "policing for profit" incentive where law enforcement and courts prioritize revenue generation over public safety and justice. This system harms honest citizens who are treated as a funding source.
​As your Delegate, I will introduce legislation to dismantle this system and restore integrity to our local justice system.
​The Reforms I Will Deliver:
​End the Profit Incentive: I will pass a law that imposes a strict 10% limit on the amount of a town's budget that can come from court fines and fees. This immediately removes the profit motive from policing.
​Stop Punishing the Poor: I will mandate that all municipal courts offer income-based payment plans or community service as alternatives to cash payment, ensuring no West Virginian faces jail time simply for being unable to pay a fine.
​Enforce the Law Fairly: My legislation requires annual training for all municipal police on the limits of their jurisdiction, preventing the overreach and predatory ticketing practices that fuel corruption.
​Demand Transparency: We will require the State Auditor to publicly post online the fine revenue percentage for every municipality, giving the power of oversight back to the citizens.
​Ensure Fairness Statewide: This new law will be applied equally to all cities in West Virginia, ensuring every single citizen is protected from exploitative practices.
​My commitment is clear: I will stop "policing for profit" and put true justice back into our local courts.

Proposal

Municipal Revenue Accountability and Justice Reform Act
​A BILL to amend chapter eight of the Code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding a new section, designated §8-13-28, relating to municipal finance and the imposition of court fines; limiting the percentage of revenue a municipality may derive from fines and fees; requiring disposition of excess revenue; mandating payment options for indigent defendants; requiring police training on jurisdiction; clarifying the law's supremacy over home rule charters; mandating public reporting of compliance; granting rule-making authority to the State Auditor; and providing a severability clause.
​Be it enacted by the Legislature of West Virginia:
​That article thirteen, chapter eight of the Code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding a new section, designated §8-13-28, to read as follows:
​§8-13-28. Municipal Revenue Accountability and Justice Reform Act.
​(a) Legislative Findings.
The Legislature finds that excessive reliance by a municipality on revenue generated from court fines, fees, forfeitures, and costs creates an improper incentive to prioritize enforcement of municipal ordinances over the public welfare, and that legislative action is necessary to ensure the financial integrity of municipalities while protecting the due process rights of all citizens.
​(b) Definitions.
For the purposes of this section:
(1) "Total General Fund Revenue" means all revenues accruing to the municipality's general fund from all sources, excluding funds restricted to specific purposes by state or federal law, utility receipts, special assessment fees, and the proceeds from the issuance of bonds or other debt instruments.
(2) "Court Fines, Fees, Forfeitures, and Costs" means all revenue derived from the imposition or collection of penalties, fines, costs, surcharges, administrative fees, or forfeitures related to violations of municipal ordinances, including, but not limited to, traffic, parking, and misdemeanor offenses.
​(c) Revenue Limitation.
Notwithstanding any other provision of this code, the annual revenue a municipality may derive from Court Fines, Fees, Forfeitures, and Costs shall not exceed ten percent (10%) of the municipality's Total General Fund Revenue for that fiscal year.
​(d) Disposition of Excess Revenue.
Any revenue collected by a municipality in a given fiscal year in excess of the ten percent (10%) limit established in subsection (c) shall be remitted to the Regional Jail and Correctional Facility Authority Fund in the State Treasury on or before September 30 of the following fiscal year.
​(e) Indigent Defendant Protections.
A municipal court shall not impose confinement solely for a defendant's inability to pay a fine or fee. Upon a showing of indigence by the defendant, the municipal court shall order one of the following alternatives to full and immediate payment:
(1) An income-based payment plan with no interest or late fees; or
(2) The conversion of the fine or fee into community service at a rate determined by the court, but no less than the state minimum wage.
​(f) Jurisdictional Clarification and Training.
(1) For purposes of calculating the revenue limitation set forth in subsection (c), Court Fines, Fees, Forfeitures, and Costs generated from ordinance enforcement by municipal police in territory annexed pursuant to article six of this chapter shall not be included in the calculation of municipal revenue for the first five fiscal years following the effective date of the annexation.
(2) The West Virginia Law Enforcement Professional Standards Subcommittee shall require all municipal police officers involved in traffic or ordinance enforcement to complete annual training on the limits of municipal police jurisdiction and the provisions of subsection (e) regarding indigent defendants.
​(g) Auditing, Enforcement, and Public Transparency.
(1) The State Auditor shall review and audit compliance with this section as part of the normal municipal audit process.
(2) Any municipality found to be in noncompliance is ineligible to receive discretionary state grants or funding until the excess funds have been remitted as required by subsection (d).
(3) The State Auditor shall publish the findings of all audits conducted pursuant to this section, including the calculated fine revenue percentage for every municipality, on a publicly accessible state website no later than December 31 of each year.
​(h) Rule-Making Authority.
The State Auditor shall propose rules for legislative approval in accordance with the provisions of chapter twenty-nine-a of this code to effectuate the purposes of this section, including establishing procedures for the accurate calculation, reporting, and collection of excess revenue.
​(i) Supremacy and Applicability.
The provisions of this section shall supersede and prevail over any conflicting provision in a municipal charter, ordinance, or Home Rule plan adopted pursuant to article thirteen-a of this chapter.
​(j) Effective Date and Severability.
(1) The provisions of subsections (c), (d), and (i) of this section shall become effective on the first day of July of the calendar year next following the year in which this act is passed by the Legislature, to allow municipalities time for budgetary planning and adjustment.
(2) If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end, the provisions of this section are declared to be severable.

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