
Senate Bill No. 102
(By Senator Fanning)
____________


[Introduced February 15, 2001; referred to the Committee
on the Judiciary; and then on 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 simplifying the
fee schedules for recording documents with the clerk of the
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 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 code10.00
(3) Plat or map 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 non-receipt 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 certified copy of a birth certificate, death



certificate or marriage license
5.00
If such writing contains more than two pages, for each




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 assignment
2.00
If such assignment contains more than one reference to




the record of property assigned, for each




reference
1.00
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 page
1.00
For recording and indexing and noting release of lien
2.00
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 code
2.00
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 name
2.00
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 or her 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 code 
1.50
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 the 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 14", 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.
All acts or parts of acts in conflict herewith are hereby repealed.




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.