COMMITTEE SUBSTITUTE
FOR
H. B. 4431
(
By Mr. Speaker, Mr. Kiss, and Delegate Staton
)
(Originating in the Committee on the Judiciary)
[February 20, 2006]
A BILL to amend and reenact §59-1-10 of the Code of West Virginia,
1931, as amended, relating to allowing the clerk of the county
commission to set reasonable fees charged for electronic or
other medium versions of documents received or duplicated.
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$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
(e) For copies of any record in electronic or a medium other
than paper, a reasonable fee set by the clerk of the county
commission not to exceed the costs associated with other document search and duplication fees.
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