Senate Bill No. 174
(By Senator Schoonover)
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[Introduced January 19, 1998; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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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 to be charged by clerks of county commissions; and permitting clerks to charge flat fees of not less than two dollars nor more than ten dollars for recording documents.

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 ½" 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, trust deed, lease, or power of attorney
concerning real estate $ 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
writing 2.00
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 book 3.00
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 page .50
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 thereby 2.00
If book and page reference to lien released is omitted,
for search of record to determine such book and page .50
For filing or refiling and entering conditional sales
contract 2.00
For recording and indexing a satisfaction of a conditional
sales contract 2.00
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 code 3.00
For recording and indexing a certificate of incorporation 2.00
If such certificate contains more than two pages, for
each additional page 1.00
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 code 1.00
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
order 3.00
If the will be but partially proved on one day, for the
order and entering the same on the will or paper
annexed thereto 1.00
For each subsequent order and entering the same on the
will or paper annexed thereto 1.00
For the same services where there is a contest 8.00
For preparing notices in connection with contest, or any
hearing, each notice 1.00
For recording a will and the matter recorded therewith in
the will book 2.00
If will and matter recorded therewith contains more than
two pages, for each additional page 1.00
For entering orders and transmitting papers in case of
appeal 3.00
If such order and transmittal contains more than five
pages, for each additional page 1.00
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 appraisement 2.00
For each additional copy of qualification order 1.00
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 wit 2.00
For entering and copying an order granting a license
under provisions of article twelve, chapter eleven
of the code 1.00
For certificate for a license or endorsing assignment
thereof 1.00
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 return 8.00
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 statute .50
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
recognizance 1.00
If such writing contains more than one page, for each
additional page 1.00
For recording and indexing an execution and noting the
date of issuance and the date of filing of same upon
the judgment record 1.50
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 for 1.50
If such paper contains more than two pages, for each
additional page 1.00
For any copy, if it be not otherwise provided for 1.50
If such copy contains more than two pages, for each
additional page 1.00
For annexing the seal of the court to any paper, writing
certificates of clerk accompanying it 1.00
For writing a certificate of the president of the court
or judge, when the clerk be required to do so 1.00
For recording and indexing an inventory or sale bill 1.50
If such writing contains more than two pages, for each
additional page 1.00
For entering an order confirming the report of a
fiduciary 1.00
For recording and indexing such report and matter recorded
therewith 3.00
If such report contains more than four pages, for each
additional page 1.00
For recording and indexing any bond required by law to be
recorded, including the certificate or other evidence
of its execution 1.50
If such bond and certificate contains more than two pages,
for each additional page 1.00
For recording and indexing a notice of mechanic's lien 1.50
If such notice contains more than two pages, for each
additional page 1.00
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 code 2.00
If such contract and bond contains more than two pages,
for each additional page 1.00
For recording and indexing a notice of lis pendens 1.50
If such notice contains more than two pages, for each
additional page 1.00
For recording a certificate of real estate claimed as a
homestead 1.00
For administering an oath not herein provided for, and
writing a certificate thereof where the case requires
one 1.00
For recording a writing containing pages in excess of
legal size, 8 ½" X 13", additional fee for each
page, where recording is by photograph .50
For recording and indexing instruments not specifically
provided for herein 1.50
If such instrument contains more than two pages, for each
additional page 1.00
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.
As an alternative method of recording documents and the fees charged for the recording, the clerk may charge a flat fee of not less than two dollars and not exceeding ten dollars for the recording of documents consisting of multiple pages. The flat fee charged by the clerk shall bear a reasonable relationship to the number of pages presented for recording.
All acts or parts of acts in conflict herewith are hereby
repealed.

NOTE: The purpose of this bill is to authorize clerks of county commissions to charge a flat fee, not less than two dollars nor exceeding ten dollars, for recording documents.

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