COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 21
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
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[Originating in the Committee on the Judiciary;
reported February 9, 1994.]
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A BILL to amend and reenact section four, article twenty-nine,
chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to amend and reenact
section eighteen, article eight, chapter thirty-six of said
code; and to amend and reenact section twenty-eight, article
five, chapter sixty-one of said code, all relating to law-
enforcement training; charging an additional fee in court
and bond costs to finance said training; allowing treasurer
to impose a five percent service fee on returned unclaimed
property with fee moneys to be used to ensure collection of
certain fund moneys; including willful failure or refusal to
remit collected fund moneys as criminal offense; and
penalty.
Be it enacted by the Legislature of West Virginia:
That section four, article twenty-nine, chapter thirty of
the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended and
reenacted; that section eighteen, article eight, chapter
thirty-six of said code be amended and reenacted; and thatsection twenty-eight, article five, chapter sixty-one of said
code be amended and reenacted, all to read as follows:
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.
§30-29-4. Special revenue account -- Collections;
disbursements; administrative expenses.
(a) A six dollar fee shall be added to the usual court costs
of all criminal court proceedings involving violation of any
criminal law of the state or any county or municipality thereof,
excluding violations of municipal parking ordinances.
(b) A six dollar fee shall be added to the amount of any
cash or property bond posted for violation of any criminal law of
the state or any county or municipality thereof, excluding bonds
posted solely for violation of municipal parking ordinances.
Upon forfeiture of such bond, the six dollar fee shall be
deposited as provided in subsection (c) of this section.
(c) All fees collected pursuant to subsections (a) and (b)
of this section shall be deposited in a separate account by the
collecting agency. Within ten calendar days following the
beginning of each calendar month, the collecting agency shall
forward the amount deposited to the state treasurer. The
treasurer shall deposit all fees so received to a special revenue
account. Funds in the account shall be disbursed by the
governor's committee, upon recommendation by the subcommittee,
for the funding of law-enforcement training academies and
programs and to pay expenses of the governor's committee in
administering the provisions of this article, which expenses may
not in any fiscal year exceed ten percent of the funds depositedto said special revenue account during that fiscal year.
CHAPTER 36. ESTATES IN PROPERTY.
ARTICLE 8. UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT.
§36-8-18. Deposits of funds.
(a) All funds received under this article, including the
proceeds from the sale of abandoned property under section
seventeen of this article, shall forthwith be deposited by the
state treasurer in the general fund.
(b) All operating expenses and administrative expenses
incurred by the treasurer in the administration and enforcement
of the provisions of this article shall be paid from an
appropriation from the general revenue fund. The treasurer is
further directed to make prompt payment of claims duly allowed as
hereinafter provided from the general revenue fund: Provided,
That the treasurer may retain a sum, not to exceed five percent
of the total amount of moneys paid to a claimant as a service
fee: Provided, however, That any moneys collected as a service
fee for facilitating the return of unclaimed moneys returned to
a claimant shall be deposited in a special revenue account
established hereby and said sums may only be expended for the
purpose of ensuring full collection of funds designated to the
crime victim's reparation fund, the law enforcement training fund
and the regional jail fund.
(c) Before making any deposit to the general fund, the state
treasurer shall record the name and last-known address of each
person appearing from the holder's reports to be entitled to the
abandoned property, and the name and last-known address of each
insured person or annuitant, and with respect to each policy orcontract listed in the report of a life insurance corporation,
its number, the name of the corporation and the amount due. Such
records shall be available for public inspection at all
reasonable business hours.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT
§61-5-28. Failure to perform official duties; penalty.
Any person holding any office or appointment in this state,
who shall willfully fail or refuse to perform any duty required
by him by law, or here, including but not limited to the willful
failure or refusal to remit moneys collected for deposit in the
general revenue fund or a special revenue, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall, if not other
punishment be prescribed by law therefor, be fined not exceeding
one thousand dollars. Willful failure or refusal to remit moneys
collected for deposit in the general revenue fund or a special
revenue fund account shall constitute malfeasance of office.