ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 105
(Senators Foster, Hall, McCabe, Oliverio, Deem, Edgell, Plymale and
McKenzie, original sponsors)
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[Passed March 4, 2007; in effect ninety days from passage.]
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AN ACT to amend and reenact §7-14E-2 of the Code of West Virginia,
1931, as amended, relating to imposing a surcharge on county
commissions for delinquent payment of fees due the Deputy
Sheriff Retirement Fund.
Be it enacted by the Legislature of West Virginia:
That §7-14E-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 14E. ESTABLISHMENT OF CERTAIN FEES; DEDICATION OF FEE TO
DEPUTY SHERIFF RETIREMENT SYSTEM.
§7-14E-2. Statewide uniform fees for reports generated by
sheriff's offices; dedication of fees.
(a) The county commission of each county in this state shall
set a fee for obtaining certain reports. This fee shall be set at
a minimum of ten dollars for each report, with a maximum of twenty dollars for each report. Ten dollars of the charge for each report
shall be deposited into the Deputy Sheriff Retirement Fund created
in section six, article fourteen-d of this chapter. The reports
for which a charge may be made are traffic accident reports,
criminal investigation reports, incident reports and property
reports.
(b) All sheriff's offices in this state shall collect a fee of
five dollars for performing the following services: Adult private
employment fingerprinting; fingerprinting for federal firearm
permits; motor vehicle number identification; adult identification
cards; and photo-identification cards. Upon collection, these fees
shall be deposited into the Deputy Sheriff Retirement Fund created
in section six, article fourteen-d of this chapter.
(c) All sheriff's offices in this state shall collect a fee of
five dollars for each nongovernmental background investigation
report. Upon collection, these fees shall be deposited into the
Deputy Sheriff Retirement Fund created in section six, article
fourteen-d of this chapter.
(d) No charge may be made under this section for any report or
reports made to governmental agencies.
(e) Any county commission which fails to make any payment due
the Deputy Sheriff Retirement Fund by the fifteenth day following
the end of each calendar month in which a fee or other contribution
is received by the county's sheriff may be required to pay the actuarial rate of interest lost on the total amount owed for each
day the payment is delinquent. Accrual of the loss of earnings
owed by the delinquent county commission commences after the
fifteenth day following the end of the calendar month in which the
fee or other contribution is due and continues until receipt of the
delinquent amount. Interest compounds daily and the minimum
surcharge is fifty dollars.