Senate Bill No. 505
(By Senator Miller)
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[Introduced February 19, 1996; referred to the
Committee on Government Organization.]
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A BILL to amend and reenact section four, article twenty-two,
chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to affixing
documentary stamps by meter or similar device.
Be it enacted by the Legislature of West Virginia:
That section four, article twenty-two, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 22. EXCISE TAX ON PRIVILEGE OF TRANSFERRING REAL
PROPERTY.
§11-22-4. Documentary stamps; affixing; cancellation;
declaration of value.
The payment of the tax imposed by this article shall be evidenced by the affixing of a documentary stamp or stamps to
every document by the person executing, delivering or presenting
for recording such document. Each stamp shall be affixed in such
manner that its removal will require the continued application of
steam or water, and the person using or affixing such stamps
shall write or stamp or cause to be written or stamped thereon
the initials of his name and the date upon which such stamps are
affixed or used so that such stamps may not again be used:
Provided, That the commissioner may prescribe such other method
of cancellation as he may deem expedient. The clerk of the
county commission of any county is authorized to affix stamps by
meter or other similar device in accordance with procedures
prescribed by the state tax commissioner. Stamps that are
affixed by the use of such devices shall be uniform as to size
and design and shall be in such form as determined by the state
tax commissioner and cancellation as provided by this article is
not required.
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(NOTE: The purpose of this bill is to authorize clerks of
county commissions to affix documentary stamps by meter or other
similar device.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that would be added.)