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Introduced Version House Bill 3051 History

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hb3051 intr
H. B. 3051


(By Delegates Caputo, Manchin and Longstreth)

[Introduced March 10, 2009; referred to the

Committee on Veterans' Affairs and Homeland Security then Finance.]





A BILL to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to providing veterans' death certificates to families and funeral directors at no cost.

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 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) Financing, continuation, termination or other statement or writing permitted to be filed under chapter forty-six of this code, $10.

(3) Plat or map (with no deed of conveyance), $10.

(4) Service discharge record, no charge.

(5) Any document or writing other than those referenced in subdivisions (1), (2), (3) and (4) of this subsection, $10.

(6) If any document or writing contains more than five pages, for each additional page, $1.

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 Treasurer 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.
(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.

Upon request, a county clerk shall issue without cost up to five certified copies of a veteran's death certificate to a veteran's family members and dependents. Additional copies must be purchased at the regular fee except when one death certificate is necessary to obtain benefits from the federal or state government as provided in section twelve-a, article four, chapter fifty-one of this code. Family members, dependents or funeral directors with written permission from the family members or dependents may pick up the certificates at the office of the clerk of the county commission. For purposes of this subdivision, the word "veteran" shall be construed to mean any person who has served in the Armed Forces of the United States, Military Reserves or National Guard.

(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.




NOTE: The purpose of this bill is to provide for up to five free certified copies of a veteran's death certificate for a veteran's family members and dependants.

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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