Senate Bill No. 157
(By Senators McKenzie, Bowman and Jankins)
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[Introduced January 16, 2006; referred to the Committee
on Government Organization; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact §8-13-15 of the Code of West Virginia,
1931, as amended, relating to allowing municipalities to use
certain information provided by recipients of municipal
services to collect debts owed to the municipality.
Be it enacted by the Legislature of West Virginia:
That §8-13-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 13. TAXATION AND FINANCE.
§8-13-15. Collection of municipal taxes, fines and assessments.
Unless otherwise provided, it shall be is the duty of the
treasurer of the municipality or other individual who may be
designated by general law, by charter provisions or by the
governing body, to collect and promptly pay into the municipal
treasury all taxes, fines, special assessments or other moneys due
the municipality. All such taxes, fines, special assessments
(except assessments for permanent or semipermanent public improvements) and other moneys due the municipality are hereby
declared to be debts owing to the municipality, for which the
debtor shall be personally liable, and the Treasurer, or other
individual so designated, may enforce this liability by appropriate
civil action in any court of competent jurisdiction, and is hereby
vested with the same rights to distrain for the same as is vested
in the sheriff for the collection of taxes. Such The Treasurer or
other individual shall give a bond, conditioned according to law,
in such penalty and with such security as the governing body may
require: Provided, That nothing in this article shall prohibit the
payment of taxes, fines, special assessments or other moneys due
the municipality by credit or check card. Allowing for the
collection of these funds by credit or check card shall be at the
discretion of the municipality.
Upon notice, provided to persons who receive municipal
services from any department or unit of the municipality, the
Treasurer, or other individual so designated, may obtain any
information provided to any department or unit of the municipality
by the recipient of services including information provided
regarding method and sources of payment for services and the
information obtained may be used by the Treasurer, or other
individual so designated, for the collection of debts owed to the
municipality. Notices provided by the municipality under the
provisions of this section may be included in billing statements
and on service application forms.
NOTE: The purpose of this bill is to allow municipalities to
use information provided by recipients of municipal services to
collect debts owed to the municipality.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.