COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 21
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
____________
[Originating in the Committee on Finance;
reported March 2, 1994.]
____________

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 the training, administrative costs and costs of the department of tax and revenue to investigate and audit the remittance of fines and fees; allowing treasurer to impose a five percent service fee on returned unclaimed property with fee moneys to be used by the treasurer to ensure collection of certain fund moneys; including willful failure or refusal to remit collected fund

moneys as criminal offense; and criminal 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 that section 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 the 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. Thetreasurer shall deposit all fees 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, to pay expenses of the governor's committee in administering the provisions of this article and to reimburse the department of tax and revenue for the costs of up to three auditors or investigators who shall investigate and audit the counties and municipalities to determine if the counties and municipalities are remitting to the state treasurer's office the costs and fees collected under this section; section one-a, article eleven, chapter eight of this code; section four, article two-a, chapter fourteen of this code; section four-a, article three, chapter fifty of this code; and section twenty-eight-a, article one, chapter fifty-nine of this code. The expenses may not in any fiscal year exceed ten percent of the funds deposited to the 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 immediately be deposited by the state treasurer in the general revenue 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 isfurther 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 the sums may only be expended by the treasurer for the purpose of ensuring full collection of funds designated to the crime victim's reparation fund created in section four, article two-a, chapter fourteen of this code, the law-enforcement training fund created under section four, article twenty-nine, chapter thirty of this code and the regional jail and correctional facility development fund created in section ten, article twenty, chapter thirty-one of this code.
(c) Before making any deposit to the general revenue 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 or contract listed in the report of a life insurance corporation, its number, the name of the corporation and the amount due. The records shall be available for public inspection at all reasonable business hours.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.

§61-5-28. Failure to perform official duties; penalty.

Any person holding any office or appointment in this state,who willfully fails or refuses to perform any duty required by him or her by law, 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 account, is guilty of a misdemeanor, and, upon conviction thereof, shall, if no other punishment be prescribed by law, be fined up to one hundred dollars. Willful failure or refusal to remit moneys collected for deposit in the general revenue fund or a special revenue fund account constitutes malfeasance of office.