COMMITTEE SUBSTITUTE

FOR

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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[Originating in the Committee on the Judiciary;

reported January 17, 2002.]

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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 sheriffs' offices; dedication of fees.

(a) Effective the first day of July, one thousand nine hundred ninety-eight, The Each county commission of each county in this state shall set a fee for obtaining certain reports traffic accident reports, criminal investigation reports, incident reports and property reports . This fee shall be set at a minimum of ten dollars for each report, with and a maximum of twenty dollars for each report: Provided, That no fee may be charged for the first report provided to any person who was the victim or who suffered a loss or injury as a result of the offense, violation or other matter that is the subject of the report and to whom the report ascribes no fault. Ten dollars of the charge for each report shall be deposited into the deputy sheriff's sheriff retirement fund created in section six, article fourteen-d, chapter seven of this code of this chapter. The reports for which a charge may be made are traffic accident reports, criminal investigation reports, incident reports and property reports
(b) Effective the first day of July, one thousand nine hundred ninety-eight, All Each sheriff's offices office in this state shall collect a fee of five dollars for providing a nongovernmental background investigation report and 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 sheriff 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 sheriff retirement fund created in section six, article fourteen-d, chapter seven of this code of this chapter.
(d) (c) 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.