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West Virginia Senate Bill 864 Sets Returned Check Fees, Veteran Business Logotypes, and Solicitations Rules

Original title: Providing for amount Secretary of State may charge for bad check fee

Last action · February 9, 2026: To JudiciarySponsors: Robbie Morris and 1 other

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

West Virginia Senate Bill 864 authorizes the Secretary of State to charge a fee for returned checks or declined payments up to $5 plus bank service charges, establishes discretionary waivers for administrative late fees, and requires the creation of an official veteran-owned business logotype. Additionally, the measure sets strict disclosure mandates and misdemeanor penalties for nongovernmental entities sending misleading annual report solicitations.

Why it matters

Business entities face new penalty structures for returned payments and administrative delays while gaining access to a state-designed veteran business logotype and protections against deceptive solicitation mailings.

Background
  • The West Virginia Secretary of State maintains the state's Business Organizations Database and oversees annual reporting and fee collections for corporations and limited liability companies. context
  • State law requires various domestic and foreign business entities to file annual reports and pay associated fees by June 30 of each year to maintain active business standing. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Corporations and Limited Liability Companies

Business entities are subject to new bad check fee assessments, potential late fee waivers, and revised compliance standards.

Directly affected

Veteran-owned and Active-duty Member-owned Businesses

Eligible businesses gain access to a newly created official veteran-owned business logotype and application guidelines.

Directly affected

Third-party Solicitation Entities

Nongovernmental entities sending annual report solicitations must comply with mandatory disclosure text or face misdemeanor penalties.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What fee can the Secretary of State charge if a business payment is declined?
The Secretary of State can assess a bad check fee equivalent to the financial institution's service charge plus an amount up to $5.
Can administrative late fees be waived for business filings?
Yes, the Secretary of State may waive or reduce administrative late fees if the delinquency was caused by circumstances beyond the control of the filer or their agent.
What are the disclosure requirements for third-party companies soliciting annual report filings?
Non-governmental entities must include prominent notices in 16-point bold Helvetica font stating that the product or service is not approved or endorsed by any government agency and that the offer is not from a government agency.
What penalties apply to entities that send misleading annual report solicitations?
Violators are guilty of a misdemeanor and face fines of up to $1,000 per noncompliant solicitation, up to one year in jail, or both, alongside civil recovery options for harmed parties.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in Senate committee.

Procedural history

4 actions
  1. Feb 9, 2026SenateCommittee
    To Judiciary
  2. Feb 9, 2026SenateIntroduced
    Introduced in Senate
  3. Feb 9, 2026SenateCommittee
    To Judiciary then Finance
  4. Feb 9, 2026SenateIntroduced
    Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Establishment of Third-Party Solicitation Penalties

The bill introduces criminal misdemeanor penalties and private right of action civil damages for deceptive annual report mailings sent by non-governmental entities.

Connected Entities

Robbie Morris, Tax Commissioner, Bill Hamilton and 2 more
PersonRobbie Morris“Senate sponsor of the bill”Map →
OrganizationTax Commissioner“State tax authority receiving business registration reports”Map →
PersonBill Hamilton“Senate cosponsor of the bill”Map →
OrganizationSecretary of State“State official responsible for business registration and fee collection”Map →
OrganizationWest Virginia Veterans' Home Loan Mortgage Fund“Fund receiving voluntary contributions from logotype applications”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 55)
  • Controversy15
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz20
    Current news / social attention level

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