H. B. 4499


(By Delegates S. Williams and Ellis)
[Introduced February 16, 1994; referred to the
Committee on Political Subdivisions then Finance.]




A BILL to amend and reenact section ten, article one, chapter fifty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to fees and allowances; fees to be charged by clerk of county commission.

Be it enacted by the Legislature of West Virginia:

That section ten, article one, chapter fifty-nine of the code of West Virginia, one thousand nine hundred thirty-one, 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 a paper writing of not more than legal size, 8 1/2" x 13".

The clerk of the county commission shall charge and collect the following fees:
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 deed of conveyance ten dollars for the first twenty pages and one dollar for each additional page thereafter; where the writing is a trust deed, ten dollars for the first ten pages and one dollar for each additional page thereafter; trust deed, lease, or power of attorney concerning real estate two dollars for the first two pages and one dollar for

each additional page thereafter$ 2.00

If such writing contains more than two pages, for each additional page, in counties where recording is done by photograph, fifty cents; and in counties where recording is done by typewriter, and such writing contains more than one thousand words, three cents for each additional twenty words.

For recording a plat accompanying a deed or other

writing2.00

If such plat contains more than one hundred twenty

square inches, for each additional square inch.010

For recording and indexing a map to be placed in

map book3.00

If such map contains more than one hundred twenty

square inches, for each additional square inch .010

For recording and indexing assignment2.00

If such assignment contains more than one reference

to the record of property assigned, for each

reference1.00

If such assignment does not give the reference to

the record of property assigned, for search of

record to determine such book and page50

If such assignment contains more than two pages,

for each additional page1.00

For recording and indexing and noting release of lien2.00

If such release contains more than one reference to

lien released, for each lien released thereby2.00

If book and page reference to lien released is

omitted, for search of record to determine

such book and page50

For filing or refiling and entering conditional sales

contract2.00

For recording and indexing a satisfaction of a

conditional sales contract2.00

For filing each financing, continuation or termination

statement or other statement or writing permitted

to be filed under chapter forty-six of the code2.00

For filing, preserving and indexing a security agreement

filed under chapter forty-six of the code3.00

For recording and indexing a certificate of

incorporation2.00

If such certificate contains more than two pages,

for each additional page1.00

For filing and indexing a certificate showing the

name or names of a person or persons conducting

business under an assumed name2.00

For certifying to the assessor a transfer of real

estate under section eight, article four, chapter

eleven of the code1.00

For swearing the witnesses and entering in the order

or minute book, all orders in relation to the proof

of a will which is admitted to record without

contest, and copying such order on the will or on

a paper annexed thereto, when fully proved and but

one order3.00

If the will be but partially proved on one day, for the

order and entering the same on the will or paper

annexed thereto1.00

For each subsequent order and entering the same on the

will or paper annexed thereto1.00

For the same services where there is a contest8.00

For preparing notices in connection with contest, or

any hearing, each notice1.00

For recording a will and the matter recorded therewith

in the will book2.00

If will and matter recorded therewith contains more

than two pages, for each additional page1.00

For entering orders and transmitting papers in case

of appeal3.00

If such order and transmittal contains more than five

pages, for each additional page1.00

If any personal representative or guardian qualify for

administering necessary oaths, notating the bond,

entering and copying on the will, order granting

probate or administration, making out copy of such

order for personal representative or guardian,

entering and copying orders of appraisement2.00

For each additional copy of qualification order1.00

If several personal representatives qualify on the same

estate at the same time or term the same fee shall

be charged as if one had qualified, to wit2.00

For entering and copying an order granting a license

under provisions of article twelve, chapter eleven

of the code1.00

For certificate for a license or endorsing assignment

thereof1.00

For issuance of marriage license, for preparing the

application and administering the oath, for

registering and recording the license, for mailing

acknowledgment of minister's return to one of

licensees, for notifying one of licensees after sixty

days of the nonreceipt of the minister's return8.00

One dollar of the latter fee 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 the code.

For search of anything in his office of over a year's

standing, unless otherwise required by statute50

For recording certificates and posting a copy thereof

under the provisions of section two, article one,

chapter thirty-four of the code1.50

For docketing or redocketing under article three,chapter

thirty-eight of the code, a judgment, decree, bond

or recognizance1.00

If such writing contains more than one page, for

each additional page1.00

For recording and indexing an execution and noting

the date of issuance and the date of filing of

same upon the judgment record1.50

For making out a transcript of the record and proceedings

in any case in due form so that the same may be used

in appellate court, such fee shall be the same as

specified herein for recording.

For making out, in any other manner than copying, any

paper to go out of the office which is not otherwise

provided for1.50

If such paper contains more than two pages, for

each additional page1.00

For any copy, if it be not otherwise provided for1.50 .50

If such copy contains more than two pages, for each

additional page1.00

For annexing the seal of the court to any paper, writing

certificates of clerk accompanying it1.00

For writing a certificate of the president of the court

or judge, when the clerk be required to do so1.00

For recording and indexing an inventory or sale bill1.50

If such writing contains more than two pages, for each

additional page1.00

For entering an order confirming the report of a

fiduciary1.00

For recording and indexing such report and matter

recorded therewith3.00

If such report contains more than four pages, for

each additional page1.00

For recording and indexing any bond required by law

to be recorded, including the certificate or

other evidence of its execution1.50

If such bond and certificate contains more than

two pages, for each additional page1.00

For recording and indexing a notice of mechanic's

lien1.50

If such notice contains more than two pages, for each

additional page1.00

For recording contract limiting liability of owner

and bond of contractor to be filed therewith, as

prescribed in article two, chapter thirty-eight

of the code2.00

If such contract and bond contains more than two

pages, for each additional page1.00

For recording and indexing a notice of lis pendens1.50

If such notice contains more than two pages, for

each additional page1.00

For recording a certificate of real estate claimed

as a homestead1.00

For administering an oath not herein provided for,

and writing a certificate thereof where the

case requires one1.00

For recording a writing containing pages in excess

of legal size, 8 1/2" X 13", additional fee for

each page, where recording is by photograph.50

For recording and indexing instruments not specifically

provided for herein1.50

If such instrument contains more than two pages, for

each additional page1.00

For recording anew any will, deed or other paper, the

same fees herein provided for the original recording.

For any service other than recording and indexing not

specifically provided for, the same fee as a clerk

of the circuit court for similar services.

All acts or parts of acts in conflict herewith are hereby

repealed.




NOTE: The purpose of this bill is to increase certain fees charged by the clerk of the county commission.

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