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SB376 SUB1 Senate Bill 376 History

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Key: Green = existing Code. Red = new code to be enacted

COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 376

(By Senators Minard, Jenkins, McCabe and Plymale)

____________

[Originating in the Committee on Banking and Insurance;

reported February 17, 2010.]

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A BILL to amend and reenact § 31A-2-4c of the Code of West Virginia, 1931, as amended; and to amend and reenact § 59-1-10 of said code, all relating to gathering and publication of residential mortgage foreclosure data and statistics filed by trustees and received by the Division of Banking from county clerks; and reducing the fee paid for recording the trustee's report of sale and the fee paid by county clerks to the Division of Banking for the collection and publication of the data by the division.

Be it enacted by the Legislature of West Virginia:
That §31A-2-4c of the Code of West Virginia, 1931, as amended be amended and reenacted; and that §
59-1-10 of said code be amended and reenacted, all to read as follows:
CHAPTER 31A. BANKS AND BANKING

ARTICLE 2. DIVISION OF BANKING

§ 31A-2-4c .

County Clerks to File Reports of trustees regarding sales of residential real property pursuant to deeds of trust and forward to the Banking Commissioner.
In addition to the jurisdiction, powers, and duties set out in section four of this article, the banking commissioner is vested with the jurisdiction, powers and duties to receive and compile the data into an electronic data base and make available publish the raw data that is required to be reported by trustees to county clerks pursuant to chapter thirty-eight, article one, section eight-a of the Code of West Virginia. The commissioner shall also calculate and publish the total number of foreclosure sales statewide and by county. The commissioner has the power to promulgate rules in accordance with this section and the provisions of article three, chapter twenty-nine-a of this code in order to carry out the requirements of this section. The commissioner is authorized to expend funds for this purpose.

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.
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, $15.
(2) Trustee's report of sale for any property for which additional information and filing requirements are required by section eight-a, article one, chapter thirty-eight of this code, $40 $30, provided that $20 of each recording fee received pursuant to this subdivision shall be deposited into the county's general revenue fund and $20 $10 of each of the aforesaid recording fees shall be paid by the county clerk to the State Treasurer quarterly and deposited in the Banking Commissioner's fund to cover its expenses in aggregating, collecting and publishing the data.
(3) Financing, continuation, termination or other statement or writing permitted to be filed under chapter forty-six of this code, $10.
(4) Plat or map (with no deed of conveyance), $10.
(5) Service discharge record, no charge.
(6) Any document or writing other than those referenced in subdivisions (1), (2), (3), (4) and (5) of this subsection, $10.
(7) If any document or writing contains more than five pages, for each additional page, $1.
For any of the documents admitted to record pursuant to this subsection, if the clerk of the county commission has the technology available to receive these documents in electronic form or other media, the clerk shall set a reasonable fee to record these writings not to exceed the cost for filing paper documents.
(8) Of the fees collected pursuant to subdivision (1), subsection (a) of this section, $10 shall be deposited in the county general fund in accordance with section twenty-eight of this article and $1 shall be deposited in the county general fund and dedicated to the operation of the county clerk's office. Four dollars of the fees collected pursuant to subdivision (1), subsection (a) of this section and $5 of the fees collected pursuant to subdivision (6), subsection (a) of this section shall be paid by the county clerk into the State Treasury and deposited in equal amounts for deposit into the Farmland Protection Fund created in article twelve, chapter eight-a of this code for the benefit of the West Virginia Agricultural Land Protection Authority and into the Outdoor Heritage Conservation Fund created in article two-g, chapter five-b of this code: Provided, That the funds deposited in the State Treasury pursuant to this subdivision may only be used for costs, excluding personnel costs, associated with purpose of land conservation, as defined in subsection (f), section seven, article two-g, chapter five-b of this code.
(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.
(c) 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 nonre ceipt of the minis ter's retur n), $35.

(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;
(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.
(3) For annexing the seal of the commission or clerk to any paper, $1.
(4) For a certified copy of a birth certificate, death certificate or marriage license, $5.
(e) For copies of any record in electronic form or a medium other than paper, a reasonable fee set by the clerk of the county commission not to exceed the costs associated with document search and duplication.

___________

(NOTE: The purpose of this bill is to allow the division to publish data on its website regarding foreclosure sales, which data is furnished to county clerks by the trustees who in turn give it to the division. The fee for recording a trustee's report of sale and the fee paid by county courts for the benefit of the division for gathering and publishing the data are reduced.

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




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