Senate Bill No. 528
(By Senators Laird, Stollings, Unger,
Helmick and Green)
[Introduced March 10, 2009; referred to the Committee on
A BILL to amend and reenact §59-1-10 of the Code of West Virginia,
1931, as amended, relating to clarification that certain funds
be placed in a county's general fund; and specifying certain
designations from the fund.
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,
(2) Financing, continuation, termination or other statement or
writing permitted to be filed under chapter forty-six of this code,
(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 deposited in the county
general fund, $1 of which shall be designated for the operation of
the county clerk's office;
$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
(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,
(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
(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