
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 413
(By Senators Sharpe, McCabe, Snyder, Hunter, Ross, Minard and
Unger)
____________
[Originating in the Committee on the Judiciary;
reported February 26, 2003.]
____________
A BILL to amend and reenact section seven, article one-c, chapter
eleven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend and reenact section
twenty-six, article three, chapter eleven-a of said code; to
amend and reenact sections one and two, article three, chapter
fifty of said code; to amend and reenact sections ten, eleven
and twenty-eight-a, article one, chapter fifty-nine of said
code; to further amend said article by adding thereto a new
section, designated section ten-a; to amend and reenact
section seventeen, article two of said chapter; and to amend
and reenact section four, article seven, chapter sixty-one of
said code, all relating to modifying certain county clerk,
circuit clerk, assessor, sheriff, prosecuting attorney and magistrate court fees; providing for a decrease in the
marriage license fee for premarital counseling; and dedicating
fee increases to the courthouse facilities improvement fund.
Be it enacted by the Legislature of West Virginia:

That section seven, article one-c, chapter eleven of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; that section twenty-six, article three,
chapter eleven-a of said code be amended and reenacted; that
sections one and two, article three, chapter fifty of said code be
amended and reenacted; that sections ten, eleven and twenty-eight-
a, article one, chapter fifty-nine of said code be amended and
reenacted; that said article be further amended by adding thereto
a new section, designated section ten-a; that section seventeen,
article two of said chapter be amended and reenacted; and that
section four, article seven, chapter sixty-one of said code be
amended and reenacted, all to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 1C. FAIR AND EQUITABLE PROPERTY VALUATION.
§11-1C-7. Duties of county assessors; property to be appraised at
fair market value; exceptions; initial equalization; valuation
plan.

(a) Except for property appraised by the state tax
commissioner under section ten of this article and property
appraised and assessed under article six of this chapter, all assessors shall, within three years of the approval of the county
valuation plan required pursuant to this section, appraise all real
and personal property in their jurisdiction at fair market value
except for special valuation provided for farmland and managed
timberland. They shall utilize the procedures and methodologies
established by the property valuation training and procedures
commission and the valuation system established by the tax
commissioner.

(b) In determining the fair market value of the property in
their jurisdictions, assessors may use as an aid to valuation any
information available on the character and values of such the
property including, but not limited to, the updated information
found on any statewide electronic data processing system network
established pursuant to section twenty-one, article one-a of this
chapter. Valuations shall may not be based exclusively on such the
statewide electronic data processing system network, and usage of
the information on such the
files as an aid to proper valuation
shall may not constitute an implementation of the statewide mass
reappraisal of property.

(c) Before beginning the valuation process, each assessor
shall develop a county valuation plan for using information
currently available, for checking its accuracy and for correcting
any errors found. The plan must be submitted to the tax
commissioner on or before the first day of December, one thousand nine hundred ninety, for review and approval, and such the
plan
must be revised as necessary and resubmitted every three years
thereafter. Whenever a plan is submitted to the tax commissioner,
a copy shall also be submitted to the county commission of that
county and the property valuation training and procedures
commission, and that county commission and the property valuation
training and procedures commission may forward comments to the tax
commissioner. The tax commissioner shall respond to any plan
submitted or resubmitted within sixty days of its receipt. The
valuation process shall may not begin nor shall may
funds provided
in section eight of this article be available until the plan has
received approval by the tax commissioner: Provided, That any
initial plan that has not received approval by the commissioner
prior to the first day of May, one thousand nine hundred
ninety-one, shall be submitted on or by such that
date to the
valuation commission for resolution prior to the first day of July,
one thousand nine hundred ninety-one, by which date all counties
shall have an approved valuation plan in effect.

(d) Upon approval of the valuation plan, the assessor shall
immediately begin implementation of the valuation process. Any
change in value discovered subsequent to the certification of
values by the assessor to the county commission, acting as the
board of equalization and review, in any given year shall be placed
upon the property books for the next certification of values: Provided, That notwithstanding any other provision of this code to
the contrary, the property valuation training and procedures
commission may authorize the tax commissioner to approve a
valuation plan and the board of public works to submit such a plan
which would permit the placement of proportionately uniform
percentage changes in values on the books that estimate the
percentage difference between the current assessed value and sixty
percent of the fair market value for classes or identified
sub-classes of property and distribute the change between the two
tax years preceding the tax year beginning on the first day of
July, one thousand nine hundred ninety-three. This procedure may
be used in lieu of placing individual values on the books at sixty
percent of value as discovered, or may be in addition to such
valuation. If such procedure is adopted by a county, then property
whose reevaluation is the responsibility of the board of public
works and the state tax commissioner shall have its values
estimated and placed on the books in like manner. Such The
estimates shall be based on the best information obtained by the
assessor, the board of public works and the tax commissioner, and
the changes shall move those values substantially towards sixty
percent of fair market value, such sixty percent to be reached on
or before the first day of July, one thousand nine hundred
ninety-three.

(e) (1) The county assessor shall establish and maintain as official records of the county tax maps of the entire county drawn
to scale or aerial maps, which maps shall indicate all property and
lot lines, set forth dimensions or areas, indicate whether the land
is improved, and identify the respective parcels or lots by a
system of numbers or symbols and numbers, whereby the ownership of
such the
parcels and lots can be ascertained by reference to the
appropriate records: Provided, That all such the
records shall be
established and maintained and the sale or reproduction of
microfilm, photography and maps shall be in accordance with
legislative rules promulgated by the commission.

(2) The following fees apply in addition to any fee charged by
the assessor or the map sales unit of the property tax division of
the department of revenue for the sale or reproduction of
microfilm, photography and maps pursuant to the legislative rules
referenced in subdivision (1) of this subsection:

(A) For a full map sheet, an additional fee of three dollars
per copy shall be charged, which shall be deposited in the
courthouse facilities improvement fund created by section six,
article twenty-six, chapter twenty-nine of this code;

(B) For a parcel reproduction on 8 ½ x 11" or 8 ½ x 14" paper,
an additional fee of one dollar and fifty cents per copy shall be
charged, which shall be deposited in the courthouse facilities
improvement fund created by section six, article twenty-six,
chapter twenty-nine of this code; and

(C) For all other map sizes, an additional fee of two dollars
per copy shall be charged, which shall be deposited in the
courthouse facilities improvement fund created by section six,
article twenty-six, chapter twenty-nine of this code.

(f) Willing and knowing refusal of the assessor or the county
commission to comply with and effect the provisions of this
article, or to correct any deficiencies as may be ordered by the
tax commissioner with the concurrence of the valuation commission
under any authority granted pursuant to this article or other
provisions of this code, shall constitute grounds for removal from
office. Such
removal may be appealed to the circuit court.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
ARTICLE 3. SALE OF TAX LIENS AND NONENTERED, ESCHEATED AND WASTE
AND UNAPPROPRIATED LANDS.
§11A-3-26. Certificate of redemption issued by clerk; recordation;
disposition of redemption money.

(a) Upon payment of the sum necessary to redeem, the clerk
shall execute a certificate of redemption in duplicate, which
certificate shall specify the real estate redeemed, or the part
thereof or the interest therein, as the case may be, together with
any changes in respect thereto which were made in the landbook and
in the record of delinquent lands; shall specify the year or years
for which payment was made; and shall state that it is a receipt
for the money paid and a release of the tax lien on the real estate redeemed. The original certificate shall be retained in the files
in the clerk's office and one copy shall be delivered to the person
redeeming. The clerk shall make any necessary changes in his
record of delinquent lands and shall note the fact of redemption on
such the
record, and shall record the certificate in a separate
volume provided for the purpose.

The fee for issuing the certificate of redemption shall be
twenty-five thirty-five dollars, of which ten dollars of that
amount shall be deposited in the courthouse facilities improvement
fund created by section six, article twenty-six, chapter
twenty-nine of this code.

(b) All certificates of redemption issued by the clerk in each
year shall be numbered consecutively and shall be filed by the
clerk in numerical order. Reference to the year and number of the
certificate shall be included in the notation of redemption
required herein. No fee shall may
be charged by the clerk for any
recordation, filing or notation required by this section.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-1. Costs in civil actions.

The following costs shall be charged in magistrate courts in
civil actions and shall be collected in advance:
(a) For filing and trying any civil action and for all
services connected therewith, but excluding services regarding enforcement of judgment, the following amounts dependent upon the
amount of damages sought in the complaint:
Where the action is for five hundred
dollars or less
$25.00 30.00
Where the action is for more than five
hundred dollars but not more than one
thousand dollars
$30.00 35.00
Where the action is for more than one
thousand dollars but not more than two
thousand dollars
$35.00 40.00
Where the action is for more than two
thousand dollars
$45.00 50.00
Where the action seeks relief other
than money damages
$25.00 30.00

On and after the first day of July, one thousand nine hundred
ninety-six, Five dollars from each of the filing fees listed above
will shall be deposited in the court security fund created by the
provisions of section fourteen, article three, chapter fifty-one of
this code.
Five dollars from each of the filing fees listed above shall
be deposited in the courthouse facilities improvement fund created
by section six, article twenty-six, chapter twenty-nine of this
code.
(b) For each service regarding enforcement of a
judgment including execution, suggestion, garnishment
and suggestee execution
$5.00
(c) For each bond filed in a case
$1.00
(d) For taking deposition of witness
for each hour or portion thereof
$ 1.00
(e) For taking and certifying acknowledgment
of a deed or other writing or taking oath
upon an affidavit
$ .50
(f) For mailing any matter required or
provided by law to be mailed by certified or
registered mail with return receipt
$1.00

Costs incurred in a civil action shall be reflected in any
judgment rendered thereon. The provisions of section one, article
two, chapter fifty-nine of this code, relating to the payment of
costs by poor persons, shall be applicable to all costs in civil
actions.
§50-3-2. Costs in criminal proceedings.

(a) In each criminal case before a magistrate court in which
the defendant is convicted, whether by plea or at trial, there is
imposed, in addition to other costs, fines, forfeitures or
penalties as may be allowed by law: (1) Costs in the amount of
fifty-five sixty dollars, of which five dollars of that amount
shall be deposited in the courthouse facilities improvement fund
created by section six, article twenty-six, chapter twenty-nine of this code; and (2) an amount equal to the one-day per diem provided
for in subsection (h), section ten, article twenty, chapter
thirty-one of this code. A magistrate may not collect costs in
advance. Notwithstanding any other provision of this code, a
person liable for fines and court costs in a criminal proceeding in
which the defendant is confined in a jail or prison and not
participating in a work release program shall may
not be held
liable for the fines and court costs until ninety days after
completion of the term in jail or prison. A magistrate court shall
deposit five dollars from each of the criminal proceedings fees
collected pursuant to this section in the court security fund
created in section fourteen, article three, chapter fifty-one of
this code. A magistrate court shall, on or before the tenth day of
the month following the month in which the fees imposed in this
section were collected, remit an amount equal to the one-day per
diem provided for in subsection (h), section ten, article twenty,
chapter thirty-one of this code from each of the criminal
proceedings in which the fees specified in this section were
collected to the magistrate court clerk or if there is no
magistrate court clerk to the clerk of the circuit, together with
information as may be required by the rules of the supreme court of
appeals and the rules of the office of chief inspector. These
moneys are paid to the sheriff who shall distribute the moneys
solely in accordance with the provisions of section fifteen, article five, chapter seven of this code. Amendments made to this
section during the regular session of the Legislature, two thousand
one, are effective after the thirtieth day of June, two thousand
one.

(b) A magistrate shall assess costs in the amount of two
dollars and fifty cents for issuing a sheep warrant and the
appointment and swearing appraisers and docketing the proceedings.

(c) In each criminal case which must be tried by the circuit
court but in which a magistrate renders some service, costs in the
amount of ten dollars shall be imposed by the magistrate court and
is certified to the clerk of the circuit court in accordance with
the provisions of section six, article five, chapter sixty-two of
this code.
CHAPTER 59. FEES, ALLOWANCES AND COSTS;
NEWSPAPERS; LEGAL ADVERTISEMENTS.
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-10. Fees to be charged by clerk of county commission.

For the purpose of this section, the word "page" is defined as
being a paper writing of not more than legal size, 8 ½" x 14".

The clerk of the county commission shall charge and collect
the following fees:

(a) When a writing is admitted to record, for receiving proof
of acknowledgment thereof, entering an order in connection
therewith, endorsing clerk's certificate of recordation thereon and indexing in a proper index, where the writing is a:

(1) Deed of conveyance (with or without a
plat), trust deed, fixture filing or security
agreement concerning real estate lease
$10.00

(2) Financing, continuation, termination or
other statement or writing permitted to be filed
under chapter forty-six of this code$10.00

(3) Plat or map (with no deed of conveyance)$10.00

(4) Service discharge record No Charge

(5) Any document or writing other than those
referenced in subdivisions (1), (2), (3) and (4)
of this subsection
$5.00
(6) If any document or writing contains more
than five pages, for each additional page$1.00

(b) For administering any oath other than
oaths by officers and employees of the state,
political subdivisions of the state, or a public
or quasi public entity of the state or a political
subdivision of the state, taken in his or her
official capacity
$5.00
(c)(1) For issuance of marriage license and
other duties pertaining to the marriage license
(including preparation of the application,
administrating the oath, registering and recording
the license, mailing acknowledgment of minister's
return to one of the licensees and notification to
a licensee after sixty days of the nonreceipt of
the minister's return)$25.00 35.00


(2) (1) One dollar of the marriage license fee received
pursuant to this subsection shall be paid by the county clerk into
the state treasury as a state registration fee in the same manner
that license taxes are paid into the treasury under article twelve,
chapter eleven of this code;


(3) (2) Fifteen dollars of the marriage license fee received
pursuant to this subsection shall be paid by the county clerk into
the state treasury for the family protection shelter support act in
the same manner that license taxes are paid into the treasury under
article twelve, chapter eleven of this code;

(3) Ten dollars of the marriage license fee received pursuant
to this subsection shall be deposited in the courthouse facilities
improvement fund created by section six, article twenty-six,
chapter twenty-nine of this code.

(d) (1) For a copy of any writing or document,
if it is not otherwise provided for$1.50

(2) If the copy of the writing or document
contains more than two pages, for each additional
page
$1.00

(3) For annexing the seal of the commission
or clerk to any paper
$1.00

(4) For a certified copy of a birth certificate,
death certificate or marriage license$5.00
§59-1-10a. Marriage license discount.

(a) A county shall discount a marriage license fee under
section ten of this article if the couple to be married has
completed, within one year before the date of the application for
the license, a premarital counseling course that meets the
following requirements specified in this section.

(b) A premarital counseling course shall include instruction
regarding: (1) Conflict management; (2) communication skills; (3)
financial responsibilities; (4) children and parenting
responsibilities; and (5) consisting of at least four hours of
instruction.

(c) A premarital counseling course may be conducted by a
clinical professional counselor, licensed in the state, or any
person listed on the registry to perform marriages in the secretary
of state's office.

(d) A premarital counseling course provider shall provide to
each couple who completes the course a certificate of completion
that specifies: (1) The names of the couple; (2) the name of the
provider; and (3) the date of completion of the course.

(e) To receive a discounted marriage license fee under this
section an applicant for a license shall verify completion of a premarital counseling course by presenting to the clerk of the
county commission a valid certificate of course completion issued
in accordance with subsection (d) of this section.

(f) Any cost for a premarital counseling course shall be paid
by the applicant for a marriage license.

(g) The amount of any discount shall be five dollars from the
portion of fees not yet dedicated in section ten, article one,
chapter fifty-nine of this code, from the regular marriage license
fee.
§59-1-11. Fees to be charged by clerk of circuit court.

(a) The clerk of a circuit court shall charge and collect for
services rendered as such clerk the following fees, and
such the
fees shall be paid in advance by the parties for whom
such the
services are to be rendered:

(1) For instituting any civil action under the rules of civil
procedure, any statutory summary proceeding, any extraordinary
remedy, the docketing of civil appeals, or any other action, cause,
suit or proceeding, eighty-five one hundred fifteen dollars, of
which thirty dollars of that amount shall be deposited in the
courthouse facilities improvement fund created by section six,
article twenty-six, chapter twenty-nine of this code;

(2) Beginning on and after the first day of January, two
thousand two, for instituting an action for medical professional
liability, two hundred fifty sixty dollars, of which ten dollars of that amount shall be deposited in the courthouse facilities
improvement fund created by section six, article twenty-six,
chapter twenty-nine of this code;

(3) Beginning on and after the first day of July, one thousand
nine hundred ninety-nine, for instituting an action for divorce,
separate maintenance or annulment, one hundred thirty-five
dollars;
(4) For petitioning for the modification of an order involving
child custody, child visitation, child support or spousal support,
eighty-five dollars; and

(5) For petitioning for an expedited modification of a child
support order, thirty-five dollars.

(b) In addition to the foregoing fees, the following fees
shall likewise be charged and collected:

(1) For preparing an abstract of judgment, five dollars;

(2) For any transcript, copy or paper made by the clerk for
use in any other court or otherwise to go out of the office, for
each page, fifty cents;

(3) For action on suggestion, ten dollars;

(4) For issuing an execution, ten dollars;

(5) For issuing or renewing a suggestee execution, including
copies, postage, registered or certified mail fees and the fee
provided by section four, article five-a, chapter thirty-eight of
this code, three dollars;

(6) For vacation or modification of a suggestee execution, one
dollar;

(7) For docketing and issuing an execution on a transcript of
judgment from magistrate's court, three dollars;

(8) For arranging the papers in a certified question, writ of
error, appeal or removal to any other court, five ten dollars, of
which five dollars of that amount shall be deposited in the
courthouse facilities improvement fund created by section six,
article twenty-six, chapter twenty-nine of this code;

(9) For postage and express and for sending or receiving
decrees, orders or records, by mail or express, three times the
amount of the postage or express charges;

(10) For each subpoena, on the part of either plaintiff or
defendant, to be paid by the party requesting the same, fifty
cents; and

(11) For additional service (plaintiff or appellant) where any
case remains on the docket longer than three years, for each
additional year or part year, twenty dollars;

(12) For processing of criminal bond, twenty-five dollars per
bond, which shall be deposited in the courthouse facilities
improvement fund created by section six, article twenty-six,
chapter twenty-nine of this code; and

(13) For processing of bail piece, ten dollars per bail piece,
which shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter
twenty-nine of this code.

(c) The clerk shall tax the following fees for services in any
criminal case against any defendant convicted in
such the
court:

(1) In the case of any misdemeanor, fifty-five dollars; and

(2) In the case of any felony, sixty-five seventy-five
dollars, of which ten dollars of that amount shall be deposited in
the courthouse facilities improvement fund created by section six,
article twenty-six, chapter twenty-nine of this code;

(d) No such clerk shall may be required to handle or accept
for disbursement any fees, cost or amounts, of any other officer or
party not payable into the county treasury, except it be on order
of the court or in compliance with the provisions of law governing
such fees, costs or accounts.
§59-1-28a. Disposition of filing fees in civil actions and fees
for services in criminal cases.

(a) Except for those payments to be made from amounts equaling
filing fees received for the institution of divorce actions as
prescribed in subsection (b) of this section, and except for those
payments to be made from amounts equaling filing fees received for
the institution of actions for divorce, separate maintenance and
annulment as prescribed in subsection (b) of this section, for each
civil action instituted under the rules of civil procedure, any
statutory summary proceeding, any extraordinary remedy, the docketing of civil appeals, or any other action, cause, suit or
proceeding in the circuit court, the clerk of the court shall, at
the end of each month, pay into the funds or accounts described in
this subsection an amount equal to the amount set forth in this
subsection of every filing fee received for instituting the action
as follows:

(1) Into the regional jail and correctional facility authority
fund in the state treasury established pursuant to the provisions
of section ten, article twenty, chapter thirty-one of this code,
the amount of sixty dollars; and

(2) Into the court security fund in the state treasury
established pursuant to the provisions of section fourteen, article
three, chapter fifty-one of this code, the amount of five dollars.

(b) For each action for divorce, separate maintenance or
annulment instituted in the circuit court, the clerk of the court
shall, at the end of each month, report to the supreme court of
appeals, the number of actions filed by persons unable to pay, and
pay into the funds or accounts in this subsection an amount equal
to the amount set forth in this subsection of every filing fee
received for instituting the divorce action as follows:

(1) Into the regional jail and correctional facility authority
fund in the state treasury established pursuant to the provisions
of section ten, article twenty, chapter thirty-one of this code,
the amount of ten dollars;

(2) Into the special revenue account of the state treasury,
established pursuant to section six hundred four, article two,
chapter forty-eight of this code, an amount of thirty dollars;

(3) Into the family court fund established under section
twenty-two, article two-a, chapter fifty-one of this code, an
amount of seventy dollars; and

(4) Into the court security fund in the state treasury,
established pursuant to the provisions of section fourteen, article
three, chapter fifty-one of this code, the amount of five dollars.

(c) Notwithstanding any provision of subsection (a) or (b) of
this section to the contrary, the clerk of the court shall, at the
end of each month, pay into the family court fund established under
section twenty-two, article two-a, chapter fifty-one of this code
an amount equal to the amount of every fee received for petitioning
for the modification of an order involving child custody, child
visitation, child support or spousal support as determined by
subdivision (3), subsection (a), section eleven of this article and
for petitioning for an expedited modification of a child support
order as provided in subdivision (4), subsection (a), section
eleven of this article.

(d) The clerk of the court from which a protective order is
issued shall, at the end of each month, pay into the family court
fund established under section twenty-two, article two-a, chapter
fifty-one of this code an amount equal to every fee received pursuant to the provisions of section five hundred eight, article
twenty-seven, chapter forty-eight of this code.

(e) The clerk of each circuit court shall, at the end of each
month, pay into the regional jail and correctional facility
authority fund in the state treasury an amount equal to forty
dollars of every fee for service received in any criminal case
against any respondent convicted in
such the
court and shall pay an
amount equal to five dollars of every such fee into the court
security fund in the state treasury established pursuant to the
provisions of section fourteen, article three, chapter fifty-one of
this code.

(f) Beginning the first day of January, two thousand two, the
clerk of the circuit court shall, at the end of each month, pay
into the medical liability fund established under article twelve-b,
chapter twenty-nine of this code an amount equal to one hundred
sixty-five dollars of every filing fee received for instituting a
medical professional liability action.

(g) The clerk of the circuit court shall, at the end of each
month, pay into the courthouse facilities improvement fund created
by section six, article twenty-six, chapter twenty-nine of this
code, those amounts received by the clerk which are dedicated for
deposit in the fund.
ARTICLE 2. COSTS GENERALLY.
§59-2-17. Fees of prosecuting attorney.

The clerk shall include in the costs, for fees of the
prosecuting attorney, the following:

(a) In cases of misdemeanor, or an action upon a bond for a
violation of the license laws, ten fifteen dollars, of which five
dollars of that amount shall be deposited in the courthouse
facilities improvement fund created by section six, article
twenty-six, chapter twenty-nine of this code;

(b) In a case of bastardy, ten dollars;

(c) In a suit or proceeding upon a forfeited recognizance upon
behalf of the state, five percent upon the amount recovered and
paid into the treasury;

(d) In cases of felony, thirty thirty-five dollars, of which
five dollars of that amount shall be deposited in the courthouse
facilities improvement fund created by section six, article
twenty-six, chapter twenty-nine of this code;

(e) In any other case of the state, if a different fee is not
prescribed, ten dollars.


Such The fees shall be collected and accounted for as provided
in article one of this chapter, but
shall may
not in any case be
paid out of the county or state treasury.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-4. License to carry deadly weapons; how obtained.

(a) Except as provided in subsection (h) of this section, any person desiring to obtain a state license to carry a concealed
deadly weapon shall apply to the sheriff of his or her county for
such the
license, and shall pay to the sheriff, at the time of
application, a fee of sixty seventy-five dollars, of which fifteen
dollars of that amount shall be deposited in the courthouse
facilities improvement fund created by section six, article
twenty-six, chapter twenty-nine of this code. Concealed weapons
permits may only be issued for pistols or revolvers. Each
applicant shall file with the sheriff, a complete application, as
prepared by the superintendent of the West Virginia state police,
in writing, duly verified, which sets forth only the following
licensing requirements:

(1) The applicant's full name, date of birth, social security
number and a description of the applicant's physical features;

(2) That, on the date the application is made, the applicant
is a bona fide resident of this state and of the county in which
the application is made and has a valid driver's license or other
state-issued photo identification showing
such the
residence;

(3) That the applicant is twenty-one years of age or older:
Provided, That any individual who is less than twenty-one years of
age and possesses a properly issued concealed weapons license as of
the effective date of this article shall be licensed to maintain
his or her concealed weapons license notwithstanding the provisions
of this section requiring new applicants to be at least twenty-one years of age: Provided, however, That upon a showing of any
applicant who is eighteen years of age or older that he or she is
required to carry a concealed weapon as a condition for employment,
and presents satisfactory proof to the sheriff thereof, then he or
she shall be issued a license upon meeting all other conditions of
this section. Upon discontinuance of employment that requires the
concealed weapons license, if the individual issued the license is
not yet twenty-one years of age, then the individual issued the
license is no longer eligible and must return his or her license to
the issuing sheriff;

(4) That the applicant is not addicted to alcohol, a
controlled substance or a drug, and is not an unlawful user
thereof;

(5) That the applicant has not been convicted of a felony or
of an act of violence involving the misuse of a deadly weapon;

(6) That the applicant has no criminal charges pending and is
not currently serving a sentence of confinement, parole, probation
or other court-ordered supervision, because of a charge of domestic
violence as provided for in section twenty-eight, article two of
this chapter, or is the subject of a restraining order as a result
of a domestic violence act as defined in that section, or because
of a verified petition of domestic violence as provided for in
article two-a, chapter forty-eight of this code or is subject to a
protective order as provided for in that article;

(7) That the applicant is physically and mentally competent to
carry such a weapon;

(8) That the applicant has not been adjudicated to be mentally
incompetent;

(9) That the applicant has qualified under the minimum
requirements set forth in subsection (d) of this section for
handling and firing
such the
weapon: Provided, That this
requirement shall be waived in the case of a renewal applicant who
has previously qualified;

(10) That the applicant authorizes the sheriff of the county,
or his or her designee, to conduct an investigation relative to the
information contained in the application.

(b) The sheriff shall conduct an investigation which shall
verify that the information required in subdivisions (1), (2), (3),
(5), (6), (8) and (9), subsection (a) of this section are true and
correct.

(c) The sixty seventy-five dollar application fee and any fees
for replacement of lost or stolen licenses received by the sheriff
shall be deposited by the sheriff into a concealed weapons license
administration fund. Such The fund shall be administered by the
sheriff and shall take the form of an interest bearing account with
any interest earned to be compounded to the fund. Any funds
deposited in this concealed weapon license administration fund are
to be expended by the sheriff to pay for the costs associated with issuing concealed weapons licenses. Any surplus in the fund on
hand at the end of each fiscal year may be expended for other
law-enforcement purposes or operating needs of the sheriff's
office, as the sheriff may deem appropriate.

(d) All persons applying for a license must complete a
training course in handling and firing a handgun. The successful
completion of any of the following courses fulfills this training
requirement:

(1) Any official national rifle association handgun safety or
training course;

(2) Any handgun safety or training course or class available
to the general public offered by an official law-enforcement
organization, community college, junior college, college or private
or public institution or organization or handgun training school
utilizing instructors duly certified by
such the
institution;

(3) Any handgun training or safety course or class conducted
by a handgun instructor as certified as such by the state or by the
national rifle association;

(4) Any handgun training or safety course or class conducted
by any branch of the United States military, reserve or national
guard.

A photocopy of a certificate of completion of any of the
courses or classes or an affidavit from the instructor, school,
club, organization or group that conducted or taught said course or class attesting to the successful completion of the course or class
by the applicant or a copy of any document which shows successful
completion of the course or class shall constitute evidence of
qualification under this section.

(e) All concealed weapons license applications must be
notarized by a notary public duly licensed under article four,
chapter twenty-nine of this code. Falsification of any portion of
the application constitutes false swearing and is punishable under
the provisions of section two, article five, chapter sixty-one of
this code.

(f) If the information in the application is found to be true
and correct, the sheriff shall issue a license. The sheriff shall
issue or deny the license within forty-five days after the
application is filed if all required background checks authorized
by this section are completed.

(g) Before any approved license shall be issued or become
effective, the applicant shall pay to the sheriff a fee in the
amount of fifteen dollars which the sheriff shall forward to the
superintendent of the West Virginia state police within thirty days
of receipt. Any such license shall be valid for five years
throughout the state, unless sooner revoked.

(h) All persons holding a current and valid concealed weapons
license as of the sixteenth day of December, one thousand nine
hundred ninety-five, shall continue to hold a valid concealed weapons license until his or her license expires or is revoked as
provided for in this article: Provided, That all reapplication
fees shall be waived for applications received by the first day of
January, one thousand nine hundred ninety-seven, for any person
holding a current and valid concealed weapons license as of the
sixteenth day of December, one thousand nine hundred ninety-five,
which contains use restrictions placed upon the license as a
condition of issuance by the issuing circuit court. Any licenses
reissued pursuant to this subsection will be issued for the time
period of the original license.

(i) Each license shall contain the full name, social security
number and address of the licensee and a space upon which the
signature of the licensee shall be signed with pen and ink. The
issuing sheriff shall sign and attach his or her seal to all
license cards. The sheriff shall provide to each new licensee a
duplicate license card, in size similar to other state
identification cards and licenses, suitable for carrying in a
wallet, and
such the
license card is deemed a license for the
purposes of this section.

(j) The superintendent of the West Virginia state police shall
prepare uniform applications for licenses and license cards showing
that
such the
license has been granted and shall do any other act
required to be done to protect the state and see to the enforcement
of this section.

(k) In the event an application is denied, the specific
reasons for the denial shall be stated by the sheriff denying the
application. Any person denied a license may file, in the circuit
court of the county in which the application was made, a petition
seeking review of the denial. Such The petition shall be filed
within thirty days of the denial. The court shall then determine
whether the applicant is entitled to the issuance of a license
under the criteria set forth in this section. The applicant may be
represented by counsel, but in no case
shall may
the court be
required to appoint counsel for an applicant. The final order of
the court shall include the court's findings of fact and
conclusions of law. If the final order upholds the denial, the
applicant may file an appeal in accordance with the rules of
appellate procedure of the supreme court of appeals.

(l) In the event a license is lost or destroyed, the person to
whom the license was issued may obtain a duplicate or substitute
license for a fee of five dollars by filing a notarized statement
with the sheriff indicating that the license has been lost or
destroyed.

(m) The sheriff shall, immediately after the license is
granted as aforesaid, furnish the superintendent of the West
Virginia state police a certified copy of the approved application.
It shall be the duty of the sheriff to furnish to the
superintendent of the West Virginia state police at any time so requested a certified list of all
such the
licenses issued in the
county. The superintendent of the West Virginia state police shall
maintain a registry of all persons who have been issued concealed
weapons licenses.

(n) All licensees must carry with them a state-issued photo
identification card with the concealed weapons license whenever the
licensee is carrying a concealed weapon. Any licensee who fails to
have in his or her possession a state-issued photo identification
card and a current concealed weapons license while carrying a
concealed weapon shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than fifty or more than
two hundred dollars for each offense.

(o) The sheriff shall deny any application or revoke any
existing license upon determination that any of the licensing
application requirements established in this section have been
violated by the licensee.

(p) No person who is engaged in the receipt, review or in the
issuance or revocation of a concealed weapon license shall incur
any civil liability as the result of the lawful performance of his
or her duties under this article.

(q) Notwithstanding the provisions of subsection (a) of this
section, with respect to application by a former law-enforcement
officer honorably retired from agencies governed by article
fourteen, chapter seven; article fourteen, chapter eight; article two, chapter fifteen; and article seven, chapter twenty of this
code, an honorably retired officer is exempt from payment of fees
and costs as otherwise required by this section, and the
application of the honorably retired officer shall be granted
without proof or inquiry by the sheriff as to those requirements
set forth in subdivision (9), subsection (a) of this section, if
the officer meets the remainder of the requirements of this section
and has the approval of the appropriate chief law-enforcement
officer.
__________

(NOTE: The purpose of this bill is to increase certain county
clerk, circuit clerk, assessor, sheriff, prosecuting attorney and
magistrate court fees, and to dedicate those fee increases to the
Courthouse Facilities Improvement Fund. It also provides a
discount off the marriage license fee for applicants who complete
premarital counseling.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)

Section ten-a, article ten, chapter fifty-nine is new;
therefore, strike-throughs and underscoring have been omitted.