COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 376
(By Senators Minard, Jenkins, McCabe and Plymale)
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[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.
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(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.
)