Senate Bill No. 510

(By Senators Burdette, Mr. President, and Boley,

By Request of the Executive)
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[Introduced February 21, 1994; referred to the Committee
on Finance.]

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A BILL to amend article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twelve-a, relating to the implementation of certain federal handgun requirements.

Be it enacted by the Legislature of West Virginia:
That article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twelve-a, to read as follows:
ARTICLE 2. DIVISION OF PUBLIC SAFETY.

§15-2-12a. Conduct of criminal history records check; fee.

(a) The superintendent of the division of public safety is authorized to establish and collect a fee of twenty-five dollars from any potential buyer of a handgun for conducting criminal and other records checks required by the Brady Handgun Violence Prevention Act, Section 922, Title 18, United States Code, asamended, to be utilized by the superintendent of the division to defer the costs incurred in performing such checks. The division shall deposit the fees into the state treasury and credit the moneys collected to the criminal history records check fund established in this section.
(b) There is hereby created a special revolving fund in the state treasury which shall be designated as the "Criminal History Records Check Fund." The fund shall consist of all moneys received from the fees collected for criminal history records checks. The fund shall not be treated by the auditor or treasurer as part of the general revenue of the state. The fund shall be a special revolving fund to be used and paid out upon order of the superintendent of the division solely for the purposes specified in this section.



NOTE: The purpose of this bill is to provide for the implementation of the Brady Handgun Violence Prevention Act.

Section twelve-a is new; therefore, strike-throughs and underscoring have been omitted.