Canterbury 7892


The Committee on the Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill 551--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated 5-10D-13; and to amend and reenact 61-10-20 of said code, all relating to failure of an employer to make contributions on behalf of employees to a retirement plan administered by the Consolidated Public Retirement Board; requiring the Consolidated Public Retirement Board to certify a delinquency lasting for 60 days to the State Auditor, the county commission, and sheriff of the county in which the employer is located; authorizing the State Auditor, county commission, or sheriff of the county in which the employer is located to withhold moneys due to an employer who is delinquent until the delinquency and regular interest thereon is satisfied; authorizing withheld moneys to be applied to the retirement system to which the delinquent payments are due; making it a criminal offense for an employer to knowingly and willfully fail to make required contributions; providing criminal penalties; and providing that conviction of such offense is prima facie evidence of official misconduct.