Senate Bill No. 192
(By Senators Craigo, Sharpe, Jackson, Chafin, Plymale, Love,
Helmick, Bowman, Bailey, Anderson, Edgell, Unger, McCabe,
Boley, Minear, Sprouse, Ross, Minard, Fanning, Prezioso and
Snyder)
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[Introduced January 14, 2002; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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.
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.