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Introduced Version - Originating in Committee Senate Bill 714 History

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Senate Bill No. 714

(By Senators Craigo, Sharpe, Jackson, Chafin, Prezioso, Plymale, Love, Helmick, Bowman, Bailey, Anderson, Edgell, Unger, McCabe, Boley, Minear and Sprouse)

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[Originating in the Committee on Finance;


reported March 30, 2001.]

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A BILL to amend and reenact section two, article fourteen-e, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to fees charged by a county commission for traffic accident reports, criminal investigation reports, incident reports and property reports; and exempting from collection the fee for the first report provided to a person against whom the offense or violation was committed.

Be it enacted by the Legislature of West Virginia:
That section two, article fourteen-e, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, 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: Provided, That the above fee set by each county commission for obtaining these reports may not be charged for the first report provided to an injured party. "Injured party" means a person against whom the offense or violation was committed, including a person that suffered injury or damage, physically or to his or her property, real or personal, as a direct result of the event or occurrence that precipitated the need for a report and the person is accorded no fault in the report for the resulting injury or damage.
(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.
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(NOTE: The purpose of this bill is to exempt an injured party from paying for the first traffic accident report, criminal investigation report, incident report or property report the party obtains in a matter.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)
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