Senate Bill No. 105
(By Senators Foster, Hall, McCabe, Oliverio, Deem, Edgell,
Plymale and McKenzie)
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[Introduced January 17, 2007; referred to the Committee on
Pensions; and then to the Committee on Finance.]
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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's 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'S 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 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's Retirement Fund
created in section six, article fourteen-d, chapter seven of this
code. 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 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 and photo-identification card. Upon
collection, these fees shall be deposited into the Deputy Sheriff's
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 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's Retirement Fund created in
section six, article fourteen-d, chapter seven of this code.
(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's 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.
NOTE: The purpose of this bill is to impose a surcharge on
county commissions for delinquent payment of fees due the Deputy
Sheriff's 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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