H. B. 2784
(By Delegates Spencer, Craig, Browning,
Stemple, Duke, Canterbury and Stephens)
[Introduced February 1,2007; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact §7-14E-2
of the Code of West Virginia,
1931, as amended, all 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 the fees are due may be
required to pay the actuarial rate of interest lost on the total
fees 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 fees are due and continues until receipt of the
delinquent fees. 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.