H. B. 2165
(By Delegates Iaquinta, Longstreth, Fleischauer,
Jones, Stephens and Azinger)
[Introduced February 13, 2013; referred to the
Committee on Veterans' Affairs and Homeland Security then
A BILL to amend and reenact §59-1-10 of the Code of West Virginia,
1931, as amended, relating to death certificates of military
veterans; providing for the issuance, without charge, of up to
five certified copies of a veterans' death certificate by the
clerk of the county commission.
Be it enacted by the Legislature of West Virginia:
That §59-1-10 of the Code of West Virginia, 1931, 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 or electronic writing of not more than legal size, 8
1/2" x 14".
(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, the clerk of the county commission
shall charge and collect the following fees:
(1) Fifteen dollars for a deed of conveyance (with or without
a plat), trust deed, fixture filing or security agreement
concerning real estate lease.
(2) Forty dollars for a trustee's report of sale for any
property for which additional information and filing requirements
are required by section eight-a, article one, chapter thirty-eight
of this code. Twenty dollars of each recording fee received
pursuant to this subdivision shall be deposited into the county's
General Revenue Fund and $20 paid quarterly by the clerk of the
county commission to the West Virginia Housing Development Fund
established in article eighteen, chapter thirty-one of this code.
(3) Ten dollars for a financing, continuation, termination or
other statement or writing permitted to be filed under chapter
forty-six of this code.
(4) Ten dollars for a plat or map (with no deed of
(5) No charge for a service discharge record.
(6) Ten dollars for any document or writing other than those
referenced in subdivisions (1), (2), (3), (4) and (5) of this
(7) One dollar for each additional page for documents or
writings containing more than five pages.
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.
(8) Of the fees collected pursuant to subdivision (1),
subsection (a) of this section, $10 shall be deposited in the
county general fund in accordance with section twenty-eight of this
article and $1 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 $5 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. 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) Five dollars 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
(c) Fifty-five dollars 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). This fee is reduced to $35 if the applicants present a
premarital education course completion certificate issued pursuant
to section seven hundred one, article two, chapter forty-eight of
this code, and dated within one year of the application for a
(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; and
(4) If a premarital education course completion certificate is
not presented, the county clerk shall, on or before the tenth day
of each month, transmit $20 of the marriage license fee received
pursuant to this subsection to the State Treasurer for deposit in
the state treasury as follows:
(A) Five dollars to the credit of 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
(B) Five dollars to the credit of the special revenue account,
hereby created, designated the "Fund for Civil Legal Services for
Low Income Persons," which shall consist of all gifts, grants,
bequests, transfers, appropriations or other donations or payments
which may be received and administered by the Division of Justice
and Community Services from any governmental entity or unit or any
person, firm, foundation, or corporation for the purposes of this
section, and all interest or other return earned from investment of
the fund. Expenditures from the fund shall be made by the Director
of the Division of Justice and Community Services and shall be limited to grants to nonprofit agencies which provide civil legal
services to low income persons made at his or her discretion. Any
balance in the fund at the end of each fiscal year shall not revert
to the General Revenue Fund but shall remain in the fund and be
expended as provided by this section.
(C) Ten dollars to the credit of the Marriage Education Fund
created pursuant to section seven hundred two, article two, chapter
forty-eight of this code.
(d) (1) One dollar and fifty cents for a copy of any writing
or document, if it is not otherwise provided for.
(2) One dollar for each additional page if the writing or
documents contains more than two pages.
(3) One dollar for annexing the seal of the commission or
clerk to any paper.
(4) (A) Five dollars for a certified copy of a birth
certificate, death certificate or marriage license, except as
provided by paragraph (B) of this subdivision.
_____(B) Upon request, the clerk of the county commission shall
issue without fee no more than a total of five certified copies of
a veteran's death certificate to: (i) A family member or dependent
of the veteran; (ii) the personal representative of the veteran's
estate; and (iii) the funeral director providing funeral services
for the veteran with written permission from the person responsible
for payment of the funeral services or a family member or dependent of the veteran. However, as provided by section twelve-a, article
four, chapter fifty-one of this code, no fee may be charged for a
death certificate that is necessary to obtain benefits from the
federal or state government. As used in this paragraph, "veteran"
means any person who has served in the Armed Forces of the United
States, the Military Reserves or National Guard and who was not
(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
NOTE: The purpose of this bill is to provide for the issuance,
without charge, of up to five certified copies of a veterans' death
certificate by 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