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Committee Substitute House Bill 2776 History

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COM SUB 2 LINES

COMMITTEE SUBSTITUTE

FOR

H. B. 2776

(By Delegate Manypenny, Marshall, Guthrie, Fleischauer, Skinner, Barill, Moore, Perdue, Walker, Shott and Miley)

 

(Originating in the Committee on Finance)

[March 23, 2013]

 

A BILL to amend and reenact §46-9-525 of the Code of West Virginia, 1931, as amended; and to amend and reenact §59-1-11 of said code, all relating to increasing certain filing fees; increasing fees for filing financing statements or other records in secured transactions; increasing fees for responding for requests for information related to secured transactions; increasing and establishing new filing fees in certain civil actions; and requiring that those new and increased fees be apportioned for deposit in the existing Fund for Civil Legal Services for Low Income Persons and other funds or for other purposes.

Be it enacted by the Legislature of West Virginia:

    That §46-9-525 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §59-1-11 of said code be amended and reenacted, all to read as follows:

CHAPTER 46. UNIFORM COMMERCIAL CODE

ARTICLE 9. SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER.

§46-9-525. Fees.

    (a) Initial financing statement or other record: general rule. -- Except as otherwise provided in subsection (e) of this section, the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection (b) of this section, is the amount specified in subsection (c) of this section, if applicable, plus:

    (1) Ten $20 dollars if the record is communicated in writing and consists of one or two pages; and

    (2) Ten $20 dollars if the record is communicated in writing and consists of more than two pages; and

    (3) Ten $20 dollars if the record is communicated by another medium authorized by filing-office rule.

    (b) Initial financing statement: Public-finance and manufactured housing transactions. -– Except as otherwise provided in subsection (e) of this section, the fee for filing and indexing an initial financing statement of the following kind is the amount specified in subsection (c) of this section, if applicable, plus:

    (1) Ten dollars $20 if the financing statement indicates that it is filed in connection with a public-finance transaction;

    (2) Ten dollars $20 if the financing statement indicates that it is filed in connection with a manufactured-home transaction.

    (c) Number of names. -- The number of names required to be indexed does not affect the amount of the fee in subsections (a) and (b) of this section.

    (d) Response to information request. -- The fee for responding to a request for information from the filing office, including for issuing a certificate showing whether there is on file any financing statement naming a particular debtor, is:

    (1) Five dollars $10 if the request is communicated in writing;

    (2) Five dollars $10 if the request is communicated by another medium authorized by filing-office rule; and

    (3) Fifty cents $1 per page for each active lien.

    (e) Record of mortgage. –- This section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under section 9-502(c) of this article. However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply.

    (f) Deposit of funds. -– All fees and moneys collected by the Secretary of State pursuant to the provisions of this article shall be deposited by the Secretary of State as follows: One-half shall be deposited in the special revenue account created by paragraph (B), subdivision (4), subsection (c), section ten, article one, chapter fifty-nine of this code to provide civil legal services for low income persons, one-fourth shall be deposited in the state fund, general revenue, and one-half one-fourth shall be deposited in the service fees and collections account established by section two, article one, chapter fifty-nine of this code for the operation of the office of the Secretary of State. Any balance remaining on June 30, 2001, in the existing special revenue account entitled "uniform commercial code" as established by chapter two hundred four, acts of the Legislature, 1989 regular session, shall be transferred to the service fees and collections account established by section two, article one, chapter fifty-nine of this code for the operation of the office of the Secretary of State. The Secretary of State shall dedicate sufficient resources from that fund or other funds to provide the services required in this article, unless otherwise provided by appropriation or other action by the Legislature.

CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS

ARTICLE 1. FEES AND ALLOWANCES.

§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 by the clerk the following fees which shall be paid in advance by the parties for whom 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, removals of civil cases from magistrate court or any other action, cause, suit or proceeding, $155 $200, of which $30 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code, $35 shall be deposited in the special revenue account created by paragraph (B), subdivision (4), subsection (c), section ten of this article to provide civil legal services for low income persons, and $20 deposited in the special revenue account created in section six hundred three, article twenty-six, chapter forty-eight of this code to provide legal services for domestic violence victims and $10 shall be deposited in the county general revenue fund and dedicated to the operation of the circuit clerk’s office;

    (2) For instituting an action for medical professional liability, $280, of which $10 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 July 1, 1999, for instituting an action for divorce, separate maintenance or annulment, $135;

    (4) For petitioning for the modification of an order involving child custody, child visitation, child support or spousal support, $85; and

    (5) For petitioning for an expedited modification of a child support order, $35; and

    (6) For filing any pleading that includes one or more counterclaim, cross complaint, or third party or intervenor complaint, or for filing a motion or request that a matter be designated as a complex litigation case, $200, which shall be deposited in the special revenue account created by paragraph (B), subdivision (4), subsection (c), section ten of this article to provide civil legal services for low-income persons. However, this subdivision does not apply to cases involving marital divorce.

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

    (1) For preparing an abstract of judgment, $5;

    (2) For a 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, $1;

    (3) For issuing a suggestion and serving notice to the debtor by certified mail, $25;

    (4) For issuing an execution, $25;

    (5) For issuing or renewing a suggestee execution and serving notice to the debtor by certified mail, $25;

    (6) For vacation or modification of a suggestee execution, $1;

    (7) For docketing and issuing an execution on a transcript of judgment from magistrate court, $3;

    (8) For arranging the papers in a certified question, writ of error, appeal or removal to any other court, $10, of which $5 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code;

    (9)For each subpoena, on the part of either plaintiff or defendant, to be paid by the party requesting the same, 50¢;

    (10) For additional service, plaintiff or appellant, where any case remains on the docket longer than three years, for each additional year or part year, $20; and

    (11) For administering funds deposited into a federally insured interest-bearing account or interest-bearing instrument pursuant to a court order, $50, to be collected from the party making the deposit. A fee collected pursuant to this subdivision shall be paid into the general county fund.

    (c) In addition to the foregoing fees, a fee for the actual amount of the postage and express may be charged and collected for sending decrees, orders or records that have not been ordered by the court to be sent by mail or express.

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

    (1) In the case of a misdemeanor, $85; and

    (2) In the case of a felony, $105, of which $10 shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.

    (e) The clerk of a circuit court shall charge and collect a fee of $25 per bond for services rendered by the clerk for processing of criminal bonds and the fee shall be paid at the time of issuance by the person or entity set forth below:

    (1) For cash bonds, the fee shall be paid by the person tendering cash as bond;

    (2) For recognizance bonds secured by real estate, the fee shall be paid by the owner of the real estate serving as surety;

    (3) For recognizance bonds secured by a surety company, the fee shall be paid by the surety company;

    (4) For ten-percent recognizance bonds with surety, the fee shall be paid by the person serving as surety; and

    (5) For ten-percent recognizance bonds without surety, the fee shall be paid by the person tendering ten percent of the bail amount.

    In instances in which the total of the bond is posted by more than one bond instrument, the above fee shall be collected at the time of issuance of each bond instrument processed by the clerk and all fees collected 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. Nothing in this subsection authorizes the clerk to collect the above fee from any person for the processing of a personal recognizance bond.

    (f) The clerk of a circuit court shall charge and collect a fee of $10 for services rendered by the clerk for processing of bailpiece and the fee shall be paid by the surety at the time of issuance. All fees collected 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.

    (g) No clerk is 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 on written order of the court or in compliance with the provisions of law governing such fees, costs or accounts.

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