Adopted by House 4-8-2009
SB528 HFA White 4-8 #1
Chakmakian 3260
Delegate White moves to amend the bill on page one, following
the enacting section, by striking the remainder of the bill and
inserting in lieu thereof the following:
"
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 or electronic 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,
$15.
(2) Trustee's report of sale for any property for which
additional information and filing requirements are required by
section eight-a, article 1, chapter thirty-eight of this code, $40, provided that $20 dollars of each recording fee received pursuant
to this subdivision shall be deposited into the county's general
revenue fund and $20 dollars of each of the aforesaid recording
fees shall be paid by the county clerk to the State Treasurer
quarterly and deposited in the banking commissioner's fund to cover
its expenses in aggregating, collecting and publishing the data.
(2) (3) Financing, continuation, termination or other
statement or writing permitted to be filed under chapter forty-six
of this code, ten dollars.
(3) (4) Plat or map (with no deed of conveyance), $10 dollars.
(4) (5) Service discharge record, no charge.
(5) (6) Any document or writing other than those referenced in
subdivisions (1), (2), (3), and (4) and (5) of this subsection,
$10.
(6) (7) If any document or writing contains more than five
pages, for each additional page, one dollar.
For any of the documents admitted to record pursuant to this
subsection, if the clerk of the county commission has the
technology available to receive these documents in electronic form
or other media, the clerk shall set a reasonable fee to record
these writings not to exceed the cost for filing paper documents.
(7) Eleven dollars of each recording fee received pursuant to
subdivision (1) of this subsection shall be retained by the county
clerk for the operation of that office and $4 of each of the
aforesaid recording fees together with $5 of the recording fee collected pursuant to subdivision (5) of this section shall be paid
by the county clerk into the State Treasury and deposited in equal
amounts for deposit into the Farmland Protection Fund created in
article twelve, chapter eight-a of this code for the benefit of the
West Virginia Agricultural Land Protection Authority and into the
Outdoor Heritage Conservation Fund created in article two-g,
chapter five-b of this code: Provided, That the funds deposited
pursuant to this subdivision may only be used for costs, excluding
personnel costs, associated with purpose of land conservation, as
defined in subsection (f), section seven, article two-g, chapter
five-b of this code.
(8) Of the fees collected pursuant to subdivision (1),
subsection (a) of this section, ten dollars shall be deposited in
the county general fund in accordance with section twenty-eight of
this article and one dollar shall be deposited in the county
general fund and dedicated to the operation of the county clerk's
office. Four dollars of the fees collected pursuant to subdivision
(1), subsection (a) of this section, and five dollars of the fees
collected pursuant to subdivision (6), subsection (a) of this
section,
shall be paid by the county clerk into the State Treasury
and deposited in equal amounts for deposit into the Farmland
Protection Fund created in article twelve, chapter eight-a of this
code for the benefit of the West Virginia Agricultural Land
Protection Authority and into the Outdoor Heritage Conservation
Fund created in article two-g, chapter five-b of this code: Provided, That the funds deposited in the State Treasury pursuant
to this subdivision may only be used for costs, excluding personnel
costs, associated with purpose of land conservation, as defined in
subsection (f), section seven, article two-g, chapter five-b of
this code.
(b) For administering any oath other than oaths by officers
and employees of the state, political subdivisions of the state or
a public or quasi-public entity of the state or a political
subdivision of the state, taken in his or her official capacity,
$5.
(c) For issuance of marriage license and other duties
pertaining to the marriage license (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), $35.
(1) 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;
(2) 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;
(3) Ten dollars of the marriage license fee received pursuant
to this subsection shall be deposited in the Courthouse Facilities
Improvement Fund created by section six, article twenty-six,
chapter twenty-nine of this code.
(d) (1) For a copy of any writing or document, if it is not
otherwise provided for, $1.50.
(2) If the copy of the writing or document contains more than
two pages, for each additional page, $1.
(3) For annexing the seal of the commission or clerk to any
paper, $1.
(4) For a certified copy of a birth certificate, death
certificate or marriage license, $5.
(e) For copies of any record in electronic form or a medium
other than paper, a reasonable fee set by the clerk of the county
commission not to exceed the costs associated with document search
and duplication.
"