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.