West Virginia 2026 Regular Session

West Virginia Senate Bill SB864

Introduced
2/9/26  

Caption

Providing for amount Secretary of State may charge for bad check fee

Impact

The implications of SB864 on state law are significant, particularly in relation to business compliance and fees. By instituting a specific fee structure for bad checks and permitting waivers of late fees under exceptional circumstances, the bill attempts to ease the financial burden on businesses that encounter unforeseen difficulties. The introduction of a veteran-owned business logotype also creates a formal acknowledgment of veteran contributions to the business landscape, enabling such businesses to distinguish themselves in the marketplace. This could lead to greater opportunities for veteran entrepreneurs, fostering community support and potentially attracting customers who prioritize veteran-owned enterprises.

Summary

Senate Bill 864 aims to amend existing regulations regarding the fees the Secretary of State may charge for processing bad checks and the late fees associated with the filing of annual reports for business entities in West Virginia. It stipulates that a bad check fee may be charged up to $5 plus any additional amount passed on by financial institutions. The bill also allows for the Secretary of State to waive late fees in certain circumstances, reflecting a shift towards more flexible administrative practices regarding business compliance. Furthermore, the legislation introduces a logotype to signify veteran-owned businesses, intended to promote and support entrepreneurship among veterans.

Sentiment

General sentiment around SB864 seems to be supportive among stakeholders who recognize the challenges faced by small businesses in fulfilling regulatory requirements. Proponents argue that the bill could foster a more business-friendly environment, particularly through the reduction and potential waiver of penalties tied to administrative fees. Conversely, there may be concerns regarding the effective implementation of these fees and waivers, particularly in ensuring compliance amongst better-resourced enterprises while genuinely aiding smaller, struggling businesses.

Contention

Notably, there are potential points of contention regarding the bill's implementation and the subjective nature of waiving fees. Questions may arise about the criteria used by the Secretary of State to determine when to grant waivers for late fees. Additionally, creating a logotype for veteran-owned businesses could prompt debate over how widely it's recognized and utilized by consumers. The balance between supporting veteran businesses and ensuring rigorous regulation compliance across all business types will be important in discussions surrounding the bill's future.

Companion Bills

WV HB5227

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

Previously Filed As

WV HB3074

Change Audit Log for annual subscription with Secretary of State

WV HB3165

To regulate high school sports streaming fees and assert equality of amounts charged across the state

WV HB2084

To prohibit the charging of any fees to cash any government issued check.

WV HB2754

Banning Foreign backed spending on State Ballot Issues

WV HB2936

Allowing one free day for WV residents to obtain new for-profit business license

WV SB655

Providing limited immunity for mental health providers who are involved in mental hygiene checks

WV SB485

Exempting West Virginia Secretary of State from competitive bidding process

WV HB2489

Providing for election reform and protections

WV SB677

Increasing fees charged by Commissioner of Securities for each offering

WV SB525

Clarifying procedure for administrative dissolution of nonprofit corporations by Secretary of State

Similar Bills

No similar bills found.