COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 102
(By Senators Fanning, Minard, Deem, Redd, McCabe, Wooton,
McKenzie, Hunter and Kessler)
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[Originating in the Committee on Judiciary;
reported February 21, 2001.]
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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 simplifying the
fee schedules for recording documents with the clerk of the
county commission; and increasing certain fees.
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 14".
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
or power of attorney concerning real estate$ 2.00 $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 record No Charge
(5) Any document or writing other than those referenced
above in subdivisions (1), (2), (3) and (4) . . . . . . . . 5.00
(6) If any such document or writing contains more than five
pages, for each additional page1.00
(b) For administering any oath5.00
(c)(1) For issuance of marriage license and other duties pertaining thereto (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)25.00
(2) 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;
(3) 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.
(d)(1) For a copy of any writing or document, if it be not
otherwise provided for1.50
(2) If such copy of such writing or document contains more
than two pages, for each additional page. . . . . . . . . . .1.00
(3) For annexing the seal of the commission or clerk to any
paper. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
(4) For certified copy of a birth certificate, death certificate or marriage license . . . . . . . . . . . . . . .5.00
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 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 thereby2.00
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 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
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 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 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 wit2.00
For entering and copying an order granting a license under
provisions of article twelve, chapter elevenof 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 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 or her office of over a year's standing, unless otherwise required bystatute .50
For recording certificates and posting a copy thereof under
the provisions of section two, article one, chapter thirty-four of
the code 1.50
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 page 1.00
For recording and indexing an execution and noting the date of
issuance and the date of filing of sameupon 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 bethe 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
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 thecourt 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 matterrecorded
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 otherevidence of its
execution 1.50
If such bond and certificate contains more the two pages, for
each additional page 1.00
For recording and indexing a notice of mechanic'slien1.50
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 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 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 one 1.00
For recording a writing containing pages in excess of legal
size, 8 ½" X 14", 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.
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(NOTE: The purpose of this bill is to simplify the fee schedules
for recording documents with 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.)
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FINANCE COMMITTEE AMENDMENTS
On page two, section ten, line twenty, by striking out the word
"above";
On page two, section ten, line twenty-one, after "(4)" by
inserting the words "of this subsection";
On page two, section ten, line twenty-two, by striking out the
word "such";
On page three, section ten, line four, by striking out the word
"thereto" and inserting in lieu thereof the words "to the marriage
license";
On page four, section ten, line three, by striking out the word
"be" and inserting in lieu thereof the word "is";
On page four, section ten, line four, by striking out the words
"such copy of such" and inserting in lieu thereof the words "the
copy of the";
And,
On page four, section ten, line nine, after the word "For" by
inserting the word "a".