SENATE CONCURRENT RESOLUTION NO. 35
(By Senators Anderson, Ross, Sharpe, Walker, Scott,

Plymale, Oliverio, Love, Blatnik and Yoder)
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[Originating in the Committee on Small Business;
reported March 3, 1995.]
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Directing the joint committee on government and finance to make
a study of methods to alleviate the increasing
administrative and financial burden on retailers resulting
from customers writing worthless checks.
Whereas, The problem of customers writing worthless checks, particularly customers who write checks on closed or nonexistent accounts, to retailers for the purchase of merchandise is an increasing burden on retailers; and
Whereas, Retailers not only suffer the loss of their merchandise, but often must also pay a returned check charge on each worthless check that was written; and
Whereas, The cost to retailers for collection on worthless checks is increasing, forcing many retailers to purchase additional services to protect themselves from accepting worthless checks; and
Whereas, The prosecution of persons writing worthless checks is inconsistent throughout the state due to insufficient manpower and insufficient funds in the prosecuting attorneys', sheriffs' and magistrates' offices; and
Whereas, Every consumer is burdened with paying the costs to the retailer of worthless checks by increased pricing; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby directed to appoint an interim committee to study ways to decrease the administrative and financial burden on retailers resulting from worthless checks, to recommend alternative solutions to the problem, to recommend ways to improve and provide for uniform prosecution throughout the state of persons writing worthless checks and to make recommendations to the Legislature regarding the same; and be it
Further Resolved, That the interim committee appointed by the joint committee on government and finance shall consist of twelve members, three of whom shall be members of the Senate; three of whom shall be members of the House of Delegates; one shall be a magistrate; one shall be a prosecuting attorney; one shall be a banker; one shall be a retailer; one shall be a member of the West Virginia retailers association; and one shall be a member of the West Virginia bankers association; and, be it
Further Resolved, That the joint committee on government and finance report to the regular session of the Legislature, 1996, on its findings, conclusions and recommendations, together with any drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the joint committee on government and finance.