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.)