ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 376
(Senators Minard, Jenkins, McCabe and Plymale, original sponsors)
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[Passed March 13, 2010; to take effect July 1, 2010.]
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AN ACT to amend and reenact §31A-2-4c of the Code of West Virginia,
1931, as amended; to amend and reenact §38-1-8a of said code;
to amend and reenact §44-13-4a of said code;
and to amend and
reenact §59-1-10 of said code, all relating to gathering,
compilation and publication of residential mortgage
foreclosure data; expanding the powers and duties of the West
Virginia Housing Development Fund to include the receipt,
compilation and publication of mortgage foreclosure data and
reports contained in reports of sale filed by trustees with
county clerks; providing the West Virginia Housing Development
Fund with the authority to require additional information to
be filed with the reports of sale; transferring the
jurisdiction, powers and duties relative to the receiving,
compiling into an electronic data base and making the data
available from the Commissioner of Banking to the West
Virginia Housing Development Fund; providing that mortgage financial data and reports received by the Commissioner on
Banking under the code provisions prior to the effective date
be supplied to the West Virginia Housing Development Fund;
providing that the portion of the fee paid for recording the
trustee's report of sale that is paid by county clerks to the
Division of Banking be paid to the West Virginia Housing
Development Fund; and establishing an effective date of July
1, 2010.
Be it enacted by the Legislature of West Virginia:
That §31-18-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §31A-2-4C of said code be amended
and reenacted; that §38-1-8a of said code be amended and reenacted;
that §44-13-4a of said code be amended and reenacted; and that §59-
1-10 of said code be amended and reenacted, all to read as follows:
CHAPTER 31. CORPORATIONS.
ARTICLE 18. WEST VIRGINIA HOUSING DEVELOPMENT FUND.
§31-18-6. Corporate powers.
The housing development fund is hereby granted, has and may
exercise all powers necessary or appropriate to carry out and
effectuate its corporate purpose, including, but not limited to,
the following:
(1) To make or participate in the making of federally insured
construction loans to sponsors of land development, residential
housing or nonresidential projects. Such loans shall be made only
upon determination by the housing development fund that construction loans are not otherwise available, wholly or in part,
from private lenders upon reasonably equivalent terms and
conditions;
(2) To make temporary loans, with or without interest, but
with such security for repayment as the housing development fund
determines reasonably necessary and practicable, from the operating
loan fund, if created, established, organized and operated in
accordance with the provisions of section nineteen of this article,
to defray development costs to sponsors of land development,
residential housing or nonresidential projects which are eligible
or potentially eligible for federally insured construction loans,
federally insured mortgages, federal mortgages or uninsured
construction loans or uninsured mortgage loans;
(3) To make or participate in the making of long-term
federally insured mortgage loans to sponsors of land development,
residential housing or nonresidential projects. Such loans shall
be made only upon determination by the housing development fund
that long-term mortgage loans are not otherwise available, wholly
or in part, from private lenders upon reasonably equivalent terms
and conditions;
(4) To establish residential housing and nonresidential and
land development projects for counties declared to be in a disaster
area by the Federal Emergency Management Agency or other agency or
instrumentality of the United States or this state;
(5) To accept appropriations, gifts, grants, bequests and
devises and to utilize or dispose of the same to carry out its corporate purpose;
(6) To make and execute contracts, releases, compromises,
compositions and other instruments necessary or convenient for the
exercise of its powers, or to carry out its corporate purpose;
(7) To collect reasonable fees and charges in connection with
making and servicing loans, notes, bonds, obligations, commitments
and other evidences of indebtedness, and in connection with
providing technical, consultative and project assistance services;
(8) To invest any funds not required for immediate
disbursement in any of the following securities:
(i) Direct obligations of or obligations guaranteed by the
United States of America or for the payment of the principal and
interest on which the full faith and credit of the United States of
America is pledged;
(ii) Bonds, debentures, notes or other evidences of
indebtedness issued by any of the following agencies: Banks for
cooperatives; federal intermediate credit banks; federal home loan
bank system; export-import bank of the United States; federal land
banks; Tennessee valley authority; United States postal service;
inter-American development bank; international bank for
reconstruction and development; small business administration;
Washington metropolitan area transit authority; general services
administration; federal financing bank; federal home loan mortgage
corporation; student loan marketing association; farmer's home
administration; the federal national mortgage association or the
government national mortgage association; or any bond, debenture, note, participation certificate or other similar obligation to the
extent such obligations are guaranteed by the government national
mortgage association or federal national mortgage association or
are issued by any other federal agency and backed by the full faith
and credit of the United States of America;
(iii) Public housing bonds issued by public agencies or
municipalities and fully secured as to the payment of both
principal and interest by a pledge of annual contributions under an
annual contributions contract or contracts with the United States
of America; or temporary notes, preliminary loan notes, or project
notes issued by public agencies or municipalities, in each case,
fully secured as to the payment of both principal and interest by
a requisition or payment agreement with the United States of
America;
(iv) Certificates of deposit, time deposits, investment
agreements, repurchase agreements or similar banking arrangements
with a member bank or banks of the federal reserve system or a bank
the deposits of which are insured by the federal deposit insurance
corporation, or its successor, or a savings and loan association or
savings bank the deposits of which are insured by the federal
savings and loan insurance corporation, or its successor, or
government bond dealers reporting to, trading with and recognized
as primary dealers by a federal reserve bank: Provided, That such
investments shall only be made to the extent insured by the federal
deposit insurance corporation or the federal savings and loan
insurance corporation or to the extent that the principal amount thereof shall be fully collateralized by obligations which are
authorized investments for the housing development fund pursuant to
this section;
(v) Direct obligations of or obligations guaranteed by the
state of West Virginia;
(vi) Direct and general obligations of any other state,
municipality or other political subdivision within the territorial
United States: Provided, That at the time of their purchase, such
obligations are rated in either of the two highest rating
categories by a nationally recognized bond-rating agency;
(vii) Any bond, note, debenture or annuity issued by any
corporation organized and operating within the United States:
Provided, That such corporation shall have a minimum net worth of
fifteen million dollars and its securities or its parent
corporation's securities are listed on one or more of the national
stock exchanges: Provided, however, That: (1) Such corporation has
earned a profit in eight of the preceding ten fiscal years as
reflected in its statements; and (2) such corporation has not
defaulted in the payment of principal or interest on any of its
outstanding funded indebtedness during its preceding ten fiscal
years; and (3) the bonds, notes or debentures of such corporation
to be purchased are rated "AA" or the equivalent thereof or better
than "AA" or the equivalent thereof by at least two or more
nationally recognized rating services such as Standard and Poor's,
Dunn & Bradstreet, Best's or Moody's;
(viii) If entered into solely for the purpose of reducing
investment, interest rate, liquidity or other market risks in
relation to obligations issued or to be issued or owned or to be
owned by the housing development fund, options, futures contracts
(including index futures but exclusive of commodities futures,
options or other contracts), standby purchase agreements or similar
hedging arrangements listed by a nationally recognized securities
exchange or a corporation described in paragraph (vii) above;
(ix) Certificates, shares or other interests in mutual funds,
unit trusts or other entities registered under section eight of the
United States Investment Company Act of 1940, but only to the
extent that the terms on which the underlying investments are to be
made prevent any more than a minor portion of the pool which is
being invested in to consist of obligations other than investments
permitted pursuant to this section; and
(x) To the extent not inconsistent with the express provisions
of this section, obligations of the West Virginia state board of
investments or any other obligation authorized as an investment for
the West Virginia state board of investments under article six,
chapter twelve of this code or for a public housing authority under
article fifteen, chapter sixteen of this code;
(9) To sue and be sued;
(10) To have a seal and alter the same at will;
(11) To make, and from time to time, amend and repeal bylaws
and rules and regulations not inconsistent with the provisions of
this article;
(12) To appoint such officers, employees and consultants as it
deems advisable and to fix their compensation and prescribe their
duties;
(13) To acquire, hold and dispose of real and personal
property for its corporate purposes;
(14) To enter into agreements or other transactions with any
federal or state agency, any person and any domestic or foreign
partnership, corporation, association or organization;
(15) To acquire real property, or an interest therein, in its
own name, by purchase or foreclosure, where such acquisition is
necessary or appropriate to protect any loan in which the housing
development fund has an interest and to sell, transfer and convey
any such property to a buyer and, in the event of such sale,
transfer or conveyance cannot be effected with reasonable
promptness or at a reasonable price, to lease such property to a
tenant;
(16) To purchase or sell, at public or private sale, any
mortgage or other negotiable instrument or obligation securing a
construction, rehabilitation, improvement, land development,
mortgage or temporary loan;
(17) To procure insurance against any loss in connection with
its property in such amounts, and from such insurers, as may be
necessary or desirable;
(18) To consent, whenever it deems it necessary or desirable
in the fulfillment of its corporate purpose, to the modification of
the rate of interest, time of payment or any installment of principal or interest, or any other terms, of mortgage loan,
mortgage loan commitment, construction loan, rehabilitation loan,
improvement loan, temporary loan, contract or agreement of any kind
to which the housing development fund is a party;
(19) To make and publish rules and regulations respecting its
federally insured mortgage lending, uninsured mortgage lending,
construction lending, rehabilitation lending, improvement lending
and lending to defray development costs and any such other rules
and regulations as are necessary to effectuate its corporate
purpose;
(20) To borrow money to carry out and effectuate its corporate
purpose and to issue its bonds or notes as evidence of any such
borrowing in such principal amounts and upon such terms as shall be
necessary to provide sufficient funds for achieving its corporate
purpose, except that no notes shall be issued to mature more than
ten years from date of issuance and no bonds shall be issued to
mature more than fifty years from date of issuance;
(21) To issue renewal notes, to issue bonds to pay notes and,
whenever it deems refunding expedient, to refund any bonds by the
issuance of new bonds, whether the bonds to be refunded have or
have not matured except that no such renewal notes shall be issued
to mature more than ten years from date of issuance of the notes
renewed and no such refunding bonds shall be issued to mature more
than fifty years from the date of issuance;
(22) To apply the proceeds from the sale of renewal notes or
refunding bonds to the purchase, redemption or payment of the notes or bonds to be refunded;
(23) To make grants and provide technical services to assist
in the purchase or other acquisition, planning, processing, design,
construction, or rehabilitation, improvement or operation of
residential housing, nonresidential projects or land development:
Provided, That no such grant or other financial assistance shall be
provided except upon a finding by the housing development fund that
such assistance and the manner in which it will be provided will
preserve and promote residential housing in this state or the
interests of this state in maintaining or increasing employment or
the tax base;
(24) To provide project assistance services for residential
housing, nonresidential projects and land development, including,
but not limited to, management, training and social and other
services;
(25) To promote research and development in scientific methods
of constructing low cost land development, residential housing or
nonresidential projects of high durability including grants, loans
or equity contributions for research and development purposes:
Provided, That no such grant or other financial assistance shall be
provided except upon a finding by the housing development fund that
such assistance and the manner in which it will be provided will
preserve and promote residential housing in this state or the
interests of this state in maintaining and increasing employment
and the tax base;
(26) With the proceeds from the issuance of notes or bonds of the housing development fund, including, but not limited to,
mortgage finance bonds, or with other funds available to the
housing development fund for such purpose, to participate in the
making of or to make loans to mortgagees approved by the housing
development fund and take such collateral security therefor as is
approved by the housing development fund and to invest in,
purchase, acquire, sell or participate in the sale of, or take
assignments of, notes and mortgages, evidencing loans for the
construction, rehabilitation, improvement, purchase or refinancing
of land development, residential housing or nonresidential projects
in this state: Provided, That the housing development fund shall
obtain such written assurances as shall be satisfactory to it that
the proceeds of such loans, investments or purchases will be used,
as nearly as practicable, for the making of or investment in long-
term federally insured mortgage loans or federally insured
construction loans, uninsured mortgage loans or uninsured
construction loans, for land development, residential housing or
nonresidential projects or that other moneys in an amount
approximately equal to such proceeds shall be committed and used
for such purpose;
(27) To make or participate in the making of uninsured
construction loans for land development, residential housing or
nonresidential projects. Such loans shall be made only upon
determination by the housing development fund that construction
loans are not otherwise available, wholly or in part, from private
lenders upon reasonably equivalent terms and conditions;
(28) To make or participate in the making of long-term
uninsured mortgage loans for land development, residential housing
or nonresidential projects. Such loans shall be made only upon
determination by the housing development fund that long-term
mortgage loans are not otherwise available, wholly or in part, from
private lenders upon reasonably equivalent terms and conditions;
(29) To obtain options to acquire real property, or any
interest therein, in its own name, by purchase, or lease or
otherwise, which is found by the housing development fund to be
suitable, or potentially suitable, as a site, or as part of a site,
for land development or the construction of residential housing or
nonresidential projects; to hold such real property or to acquire
by purchase or otherwise and to transfer by sale or otherwise any
ownership or equity interests in any other legal entity which holds
such real property; to finance the performance of land development,
residential housing or nonresidential projects on or in connection
with any such real property or to perform land development,
residential housing or nonresidential projects on or in connection
with any such real property; to own, operate and sponsor or
participate in the sponsorship of land development, residential
housing or nonresidential projects; or to sell, transfer and
convey, lease or otherwise dispose of such real property, or lots,
tracts or parcels of such real property, for such prices, upon such
terms, conditions and limitations, and at such time or times as the
housing development fund shall determine;
(30) To make loans, with or without interest, but with such security for repayment as the housing development fund determines
reasonably necessary and practicable from the land development
fund, if created, established, organized and operated in accordance
with the provisions of section twenty-a of this article, to
sponsors of land development, to defray development costs and other
costs of land development;
(31) To exercise all of the rights, powers and authorities of
a public housing authority as set forth and provided in article
fifteen, chapter sixteen of this code, in any area or areas of the
state which the housing development fund shall determine by
resolution to be necessary or appropriate;
(32) To provide assistance to urban renewal projects in
accordance with the provisions of section twenty-eight, article
eighteen, chapter sixteen of this code and in so doing to exercise
all of the rights, powers and authorities granted in this article
or in said article, in and for any communities of the state which
the housing development fund shall determine by resolution to be
necessary or appropriate;
(33) To make or participate in the making of loans for the
purpose of rehabilitating or improving existing residential and
temporary housing or nonresidential projects, or to owners of
existing residential or temporary housing for occupancy by eligible
persons and families for the purpose of rehabilitating or improving
such residential or temporary housing or nonresidential projects
and, in connection therewith, to refinance existing loans involving
the same property. Such loans shall be made only upon determination by the housing development fund that rehabilitation
or improvement loans are not otherwise available, wholly or in
part, from private lenders upon reasonably equivalent terms and
conditions;
(34) Whenever the housing development fund deems it necessary
in order to exercise any of its powers set forth in subdivision
(29) of this section, and upon being unable to agree with the owner
or owners of real property or interest therein sought to be
acquired by the fund upon a price for acquisition of private
property not being used or operated by the owner in the production
of agricultural products, to exercise the powers of eminent domain
in the acquisition of such real property or interest therein in the
manner provided under chapter fifty-four of this code, and the
purposes set forth in said subdivision are hereby declared to be
public purposes for which private property may be taken. For the
purposes of this section, the determination of "use or operation by
the owner in the production of agricultural products" means that
the principal use of such real estate is for the production of food
and fiber by agricultural production other than forestry, and the
fund shall not initiate or exercise any powers of eminent domain
without first receiving an opinion in writing from both the
governor and the commissioner of agriculture of this state that at
the time the fund had first attempted to acquire such real estate
or interest therein, such real estate or interest therein was not
in fact being used or operated by the owner in the production of
agricultural products;
(35) To acquire, by purchase or otherwise, and to hold,
transfer, sell, assign, pool or syndicate, or participate in the
syndication of, any loans, notes, mortgages, securities or debt
instruments collateralized by mortgages or interests in mortgages
or other instruments evidencing loans or equity interests in or for
the construction, rehabilitation, improvement, renovation, purchase
or refinancing of land development, residential housing and
nonresidential projects in this state; and
(36) To form one or more nonprofit corporations, whose board
of directors shall be the same as the board of directors of the
housing development fund, which shall be authorized and empowered
to carry out any or all of the corporate powers or purposes of the
housing development fund, including, without limitation, acquiring
limited or general partnership interests and other forms of equity
ownership.
(37) To receive and compile data into an electronic database
and make available the raw mortgage foreclosure data that is
required to be reported to county clerks by trustees pursuant to
the provisions of section eight-a, article one, chapter thirty-
eight of this code, including all data that has been received by
the banking commissioner pursuant to subsection (a) of section
four-c, article two, chapter thirty-one-a of this code, as of the
effective date of the effective date of the amendments made to said
section during the regular session of the 2010 legislature. This
information shall be periodically forwarded by county clerks to the
housing development fund, in accordance with the provisions of section four-a, article thirteen, chapter forty-four of this code.
CHAPTER 31A. BANKS AND BANKING
ARTICLE 2. DIVISION OF BANKING.
§31A-2-4c. County Clerk to file reports of trustees regarding
sales of residential real property pursuant to deeds of trust
and forward to the banking commissioner; transfer of powers
and duties relating to reports of trustees to the West
Virginia Housing Development Fund.
(a) In addition to the jurisdiction, powers, and duties set
out in section four of this article, the banking commissioner is
vested with the jurisdiction, powers and duties to receive and
compile the data into an electronic database and make available the
raw data that is required to be reported by trustees to county
clerks pursuant to section eight-a, article one, chapter thirty-
eight of the Code of West Virginia. The commissioner has the power
to promulgate rules in accordance with this section and the
provisions of article three, chapter twenty-nine-a of this code in
order to carry out the requirements of this section. The
commissioner is authorized to expend funds for this purpose.
(b) On and after July 1, 2010, the jurisdiction, powers and
duties vested in the banking commissioner in subsection (a) of this
section are hereby transferred and imposed upon the West Virginia
Housing Development Fund established in article eighteen, chapter
thirty-one of this code and all data that has been received and
compiled by the banking commissioner pursuant to subsection (a) of this section shall be transferred to the West Virginia Housing
Development Fund.
CHAPTER 38. LIENS
ARTICLE 1. VENDOR'S AND TRUST DEED LIENS.
§38-1-8a. Reports by Trustee to County Clerk; additional
information to be filed with report of sale.
(a) This section applies to deeds of trust if the property
conveyed therein includes real property that is occupied, or is
intended to be occupied as a residence by the grantor at time the
deed of trust is executed and delivered.
(b) Beginning July 1, 2009, when a report of the sale of the
property sold pursuant to a deed of trust is placed of record by
the trustee with the clerk of the county commission as provided in
section eight of this article, the trustee shall include the
following information on a disclosure form submitted with and made
a part of the report of sale:
(1) Name or names of the grantor of the deed of trust;
(2) Street address, city, state and zip code of real property
subject to the trust;
(3) Original trustee name;
(4) Substitute trustee name, if any, and date of appointment;
(5) The address, telephone number and electronic contact
information for the trustee making the sale;
(6) Date, time and place advertised for sale;
(7) Name of original secured lender;
(8) Current holder of deed of trust, and the current holder's
address;
(9) Original principal amount of the secured debt;
(10) Original interest rate;
(11) Whether the loan was adjustable and if so current rate;
(12) Total secured indebtedness at time of sale;
(13) The number of months the loan is delinquent at time of
notice of sale; and
(14) The date, time and place of sale;
(15) The name of the purchaser;
(16) The appraised value at the time of loan, if available;
(17) The net amount applied to the secured loan;
(18) The date the report of sale is recorded; and
(19) Any other information the West Virginia Housing
Development Fund may require.
(c) The West Virginia Housing Development Fund established in
article eighteen, chapter thirty-one of this code shall publish a
form setting out the information required by subsection (b) and
instructions as to how this information is to be filed with the
report of sale.
(d) Notwithstanding any other provision of this code, nothing
in this section shall be deemed to create a responsibility by the
West Virginia Housing Development Fund to provide any report other
than a compilation into an electronic data base of the data that is
required to be submitted pursuant to subsection (b) of this section
and the compiled raw data submitted from each county clerk. The West Virginia Housing Development Fund is not required to verify
and is not responsible for the veracity of the accuracy of the data
submitted.
(e) Failure to comply with this the provisions of this section
shall not affect the validity of the sale or the title to the
property sold by the trustee.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
ARTICLE 13. POWERS AND DUTIES OF CLERKS OF COUNTY COURTS IN
COUNTIES HAVING SEPARATE TRIBUNAL FOR POLICE AND
FISCAL PURPOSES.
§44-13-4a. Reporting of foreclosure statistics.
Beginning with the third quarter of 2010, the clerk of each
county commission shall file quarterly with the West Virginia
Housing Development Fund established in article eighteen, chapter
thirty-one of this code the disclosure forms of deed of trust
foreclosure sales that were recorded in that county for the
preceding calendar year quarter. Up until that time, through the
second quarter of 2010, such quarterly reports shall be filed with
the Division of Banking. The reports shall be filed within fifteen
days of the last day of September, December, March and June of each
year. The reports shall be filed in electronic format, where
possible.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL
ADVERTISEMENTS.
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".
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 one, chapter thirty-eight of this code,
$40:
Provided, That $20 of each recording fee received pursuant to
this subdivision shall be deposited into the county's General
Revenue Fund and $20 of each of the aforesaid recording fees shall
be 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) Financing, continuation, termination or other statement or
writing permitted to be filed under chapter forty-six of this code,
$10.
(4) Plat or map (with no deed of conveyance), $10.
(5) Service discharge record, no charge.
(6) Any document or writing other than those referenced in
subdivisions (1), (2), (3), (4) and (5) of this subsection, $10.
(7) 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.
(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:
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.