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HB 5227

Relating to Secretary of State annual reports, fees, and veteran-owned business logotypes

2026 Regular Session Introduced by Joe Funkhouser and 4 co-sponsors

HB 5227 authorizes the West Virginia Secretary of State to charge specified bad check fees for returned payments, establishing financial penalties for worthless check submissions.

Chapter 167, Acts, Regular Session, 2026
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Bill Summary · HB 5227

Legislative bill overview

HB 5227 establishes or modifies the fee that West Virginia's Secretary of State can charge when processing checks that are returned due to insufficient funds or other issues. The bill sets parameters around what amount the Secretary of State is authorized to collect as a bad check fee from individuals or entities who submit worthless checks to the state.

Why is this important

Bad check fees are a revenue mechanism for state government and serve as a financial penalty that discourages the submission of invalid payment instruments. The specific fee amount affects both individuals who inadvertently submit bad checks and the state's administrative costs and revenue collection for processing these returned payments.

Potential points of contention

  • Fee amount fairness: Disagreement over whether the authorized fee is proportionate to actual administrative costs or functions as an excessive penalty on individuals, particularly lower-income residents
  • Consumer protection balance: Tension between generating state revenue and protecting consumers from fees that may compound financial hardship when checks bounce
  • Competitive disadvantage: Questions about whether the fee is consistent with other states' practices and whether West Virginia's rate creates competitive disadvantages for businesses dealing with the state

Compiled from official sources — confirm details with the bill’s official record.

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