Senate Bill No. 395

(By Senators Fanning, Ball, Dawson, McKenzie, Minard, Dittmar,

Hunter, Kessler, McCabe, Redd, Ross, Snyder, Wooton and Deem)

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[Originating in the Committee on the Judiciary;

reported February 3, 2000.]

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A BILL to amend and reenact section ten, article one, chapter fifty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to simplifying the fee schedules for recording documents with the clerk of the county commission.

Be it enacted by the Legislature of West Virginia:
That section ten, article one, chapter fifty-nine of the code of West Virginia, one thousand nine hundred thirty-one, 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 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, or power of attorney concerning real estate
$ 2.00 $10.00;
(2) Financing, continuation, termination or other statement or writing permitted to be filed under chapter forty-six of this code $10.00;
(3) Plat or map $10.00;
(4) Service discharge record No Charge;
(5) Any document or writing other than those referenced above in subdivisions (1), (2), (3) and (4) $5.00;
(6) If any such document or writing contains more than five pages, for each additional page $1.00.
(b) For administering any oath $5.00.
(c) (1) For issuance of marriage license and other duties pertaining thereto (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 non-receipt of the minister's return) $25.00;
(2) 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;
(3) 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.
(d) (1)
For any a copy of any writing or document, if it be not otherwise provided for $1.50;
(2) If such copy of such writing or document contains more than two pages, for each additional page $1.00;
(3) For certified copy of a birth certificate, death certificate or marriage license $5.00.
(2) If such writing contains more than two pages, for each
each additional page, in counties where recording is
done by photograph, fifty cents; and in counties
where recording is done by typewriter, and such
writing contains more than one thousand words, three
cents for each additional twenty words.
For recording a plat accompanying a deed or other
writing2.00
If such plat contains more than one hundred twenty
square inches, for each additional square inch.010
For recording and indexing a map to be placed in map
book3.00
If such map contains more than one hundred twenty
square inches, for each additional square inch .010
For recording and indexing assignment2.00
If such assignment contains more than one reference to
the record of property assigned, for each reference1.00
If such assignment does not give the reference to the
record of property assigned, for search of record to
determine such book and page .50
If such assignment contains more than two pages, for
each additional page1.00
For recording and indexing and noting release of lien2.00
If such release contains more than one reference to
lien released, for each lien released thereby2.00
If book and page reference to lien released is
omitted, for search of record to determine such book
and page .50
For filing or refiling and entering conditional sales
contract2.00
For recording and indexing a satisfaction of a
conditional sales contract 2.00
For filing each financing, continuation or termination
statement or other statement or writing permitted to
be filed under chapter forty-six of the code2.00
For filing, preserving and indexing a security
agreement filed under chapter forty-six of the code 3.00
For recording and indexing a certificate of
incorporation 2.00
If such certificate contains more than two pages, for
each additional page1.00
For filing and indexing a certificate showing the name
or names of a person or persons conducting business
under an assumed name2.00
For certifying to the assessor a transfer of real
estate under section eight, article four, chapter
eleven of the code1.00
For swearing the witnesses and entering in the order
or minute book, all orders in relation to the proof
of a will which is admitted to record without
contest, and copying such order on the will or on a
paper annexed thereto, when fully proved and but one
order 3.00
If the will be but partially proved on one day, for
the order and entering the same on the will or paper
annexed thereto 1.00
For each subsequent order and entering the same on the
will or paper annexed thereto 1.00
For the same services where there is a contest 8.00
For preparing notices in connection with contest, or
any hearing, each notice1.00
For recording a will and the matter recorded therewith
in the will book2.00
If will and matter recorded therewith contains more
than two pages, for each additional page1.00
For entering orders and transmitting papers in case of
appeal3.00
If such order and transmittal contains more than five
pages, for each additional page 1.00
If any personal representative or guardian qualify for
administering necessary oaths, notating the bond,
entering and copying on the will, order granting
probate or administration, making out copy of such
order for personal representative or guardian,
entering and copying orders of appraisement 2.00
For each additional copy of qualification order 1.00
If several personal representatives qualify on the
same estate at the same time or term the same fee
shall be charged as if one had qualified, to wit2.00
For entering and copying an order granting a license
under provisions of article twelve, chapter eleven
of the code 1.00
For certificate for a license or endorsing assignment
thereof 1.00
For issuance of marriage license, for preparing the
application and administering the oath, for
registering and recording the license, for mailing
acknowledgment of minister's return to one of
licensees, for notifying one of licensees after
sixty days of the nonreceipt of the minister's
return8.00
One dollar of the latter fee 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 the code.
For search of anything in his or her office of
over a year's standing, unless otherwise required by
statute .50
For recording certificates and posting a copy thereof
under the provisions of section two, article one,
chapter thirty-four of the code 1.50
For docketing or redocketing under article three,
chapter thirty-eight of the code, a judgment,
decree, bond or recognizance1.00
If such writing contains more than one page, for each
additional page 1.00
For recording and indexing an execution and noting
the date of issuance and the date of filing of same
upon the judgment record1.50
For making out a transcript of the record and
proceedings in any case in due form so that the
same may be used in appellate court, such fee shall
be the same as specified herein for recording.
For making out, in any other manner than copying, any
paper to go out of the office which is not
otherwise provided for1.50
If such paper contains more than two pages, for each
additional page 1.00
For any copy, if it be not otherwise provided for 1.50
If such copy contains more than two pages, for each
additional page 1.00
For annexing the seal of the court to any paper,
writing certificates of clerk accompanying it 1.00
For writing a certificate of the president of the
court or judge, when the clerk be required to
do so 1.00
For recording and indexing an inventory or sale bill 1.50
If such writing contains more than two pages, for
each additional page1.00
For entering an order confirming the report of a
fiduciary 1.00
For recording and indexing such report and matter
recorded therewith3.00
If such report contains more than four pages, for
each additional page1.00
For recording and indexing any bond required by law
to be recorded, including the certificate or other
evidence of its execution 1.50
If such bond and certificate contains more the two
pages, for each additional page 1.00
For recording and indexing a notice of mechanic's
lien1.50
If such notice contains more than two pages, for
each additional page1.00
For recording contract limiting liability of owner
and bond of contractor to be filed therewith, as
prescribed in article two, chapter thirty-eight
of the code 2.00
If such contract and bond contains more than two
pages, for each additional page 1.00
For recording and indexing a notice of lis pendens 1.50
If such notice contains more than two pages, for
each additional page1.00
For recording a certificate of real estate claimed
as a homestead1.00
For administering an oath not herein provided for,
and writing a certificate thereof where the case
requires one 1.00
For recording a writing containing pages in excess
of legal size, 8 ½" X 14", additional fee for each
page, where recording is by photograph.50
For recording and indexing instruments not
specifically provided for herein1.50
If such instrument contains more than two pages, for
each additional page1.00
For recording anew any will, deed or other paper,
the same fees herein provided for the original
recording.
For any service other than recording and indexing

not specifically provided for, the same fee as a
clerk of the circuit court for similar services.
All acts or parts of acts in conflict herewith are hereby repealed.

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(NOTE: The purpose of this bill is to simplify the fee schedule for duties performed by the clerk of a county commission for recording certain documents and a administering oaths.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)