H. B. 4682
(By Delegate Caruth (By Request))
[Introduced February 27, 2004; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §59-1-10 of the code of West Virginia,
1931, as amended, relating to providing a fee to be charged to
persons copying records in the county clerk's office by
digital photography or means other than by employing the
clerk's equipment.
Be it enacted by the Legislature of West Virginia:
That §59-1-10 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
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 means a paper writing of not more than legal size, 8 ½" x 14"
and the word "image," as produced or captured by digital
photography or means other than employing the clerk's equipment, is
equivalent to a paper writing of not more than legal size.
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 recordNo 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) 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)$35.00
(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
or image of any writing or document, if it
is not otherwise provided for$1.50
(2) For an electronic image of any writing or document,
if it is not otherwise provided for.25
(2) (3) If the copy of the writing or document contains more
than two pages, for each additional page$1.00
(3) (4) For annexing the seal of the commission
or clerk to any paper$1.00
(4) (5) For a certified copy of a birth certificate,
death certificate or marriage license .$5.00
NOTE: The purpose of this bill is to create a fee for copying
documents in the office of the clerk of the county commission by
digital photography and the like.
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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