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Committee Substitute House Bill 2739 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

H. B. 2739

(By Delegates Caputo, Manchin and Longstreth )


(Originating in the Committee on Finance)


[February 19, 2008]


A BILL to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to providing copies of a veteran's death certificate to families 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 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$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 (with no deed of conveyance)$10.00
(4) Service discharge recordNo Charge
(5) Any document or writing other than those
referenced in subdivisions (1), (2), (3) and (4)
of this subsection$5.00
(6) If any document or writing contains more
than five pages, for each additional page$1.00
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.
(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$5.00
(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)$35.00
(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$1.00
(3) For annexing the seal of the commission
or clerk to any paper$1.00
(4) For a certified copy of a birth certificate,
death certificate or marriage license$5.00
Upon request, a county clerk shall issue without cost up to three 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. Certificates may be picked up at county clerks' offices by family members. For the purpose of this subdivision, the word, "veteran" shall be construed to mean any person who has served in the Armed Forces of the United States as defined in section one, article one, chapter nine-a of the code.
(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.



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