SB 105 Text

COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 105
(By Senators Foster, Hall, McCabe, Oliverio, Deem, Edgell, Plymale and McKenzie)
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[Originating in the Committee on Finance;
reported February 13, 2007.]
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A BILL 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) ~~Effective the first day of July, one thousand nine hundred ninety-eight, the~~ 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) ~~Effective the first day of July, one thousand nine hundred ninety-eight, all~~ 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 ~~card~~ cards; and photo-identification ~~card~~ 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) ~~Effective the first day of July, one thousand nine hundred ninety-eight, all~~ 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.

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(NOTE: The purpose of this bill is to impose a surcharge on county commissions for delinquent payment of fees due the Deputy Sheriff Retirement Fund.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)

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