H. B. 2881
(By Delegates Hunt, Hatfield, Hutchins, Moore,
Louisos, Ferro and Wells)
[Introduced January 13, 2010; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend and reenact §61-3-39n and §61-3-39p of the Code of
West Virginia, 1931, as amended, all relating to fees charged
for worthless checks; and providing that a bank or financial
institution or the prosecuting attorney may not charge a fee
larger than five percent of the face amount of the check,
draft or order under the worthless check restitution program.
Be it enacted by the Legislature of West Virginia:
That §61-3-39n and §61-3-39p of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-39n. Notice to persons accepted to the worthless check
restitution program.
(a) Upon approval of an individual case for referral to the
worthless check restitution program, a representative of the
program shall send a notice by registered or certified mail to the
person named in the complaint or warrant.
(b) This notice must contain:
(1) The date and amount of the check, draft or order;
(2) The name of the payee or holder;
(3) The date by which the individual must contact the
designated representative of the worthless check restitution
program;
(4) A demand for full restitution of the face amount of the
check, draft or order and any fees reflected in the complaint or
warrant as having been imposed on the payee or holder by the
payee's or holder's bank or financial institution:
Provided, That
a bank or financial institution may not charge a fee larger than
five percent of the face amount of the check, draft or order or not
more than $10, whichever is less; and
(5) A statement that failure to pay restitution and fees may
result in criminal prosecution.
§61-3-39p. Fees for participation in the worthless check
restitution program.
(a) The prosecuting attorney, his or her designee, or a
private entity under contract with the prosecuting attorney may
collect a fee not to exceed $100 from any person participating in
the worthless check restitution program
: Provided, That the
prosecuting attorney shall waive the fee if he or she determines
that the person is indigent and unable to pay the fee
or if the fee
exceeds five percent of the face amount of the check, draft or
order.
(b) All fees collected pursuant to subsection (a) of this
section by the prosecutor shall be remitted to the sheriff. The
sheriff shall establish a special fund in the county treasury, designated the Worthless Check Restitution Program Fund, in which
the sheriff shall deposit all fees remitted by the prosecutor. The
county commission shall appropriate money from the fund for the
administration of the worthless check restitution program. The
county commission shall also appropriate any excess money from the
fund to supplement the annual operation expense appropriation of
the office of the prosecuting attorney, if the prosecuting attorney
certifies in writing to the county commission that a surplus exists
in the fund at the end of the fiscal year.
NOTE: The purpose of this bill is to provide that a bank or
financial institution or the prosecuting attorney may not charge a
fee larger than five percent of the face amount of the check, draft
or order under the worthless check restitution program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
