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".
(a) When a writing is admitted to the record, for receiving proof of acknowledgment of the writing, entering an order in connection with the writing, endorsing clerks certificate of recordation on the writing and indexing in a proper index, the clerk of the county commission shall charge and collect the following fees:
(1) Thirty dollars for a deed of conveyance (with or without a plat), trust deed, fixture filing, or security agreement concerning real estate lease.
(2) Forty dollars for a trustees report of sale for any property for which additional information and filing requirements are required by 38-1-8a of this code. Twenty dollars of each recording fee received pursuant to this subdivision shall be deposited into the countys general revenue fund and $20 paid quarterly by the clerk of the county commission to the West Virginia Housing Development Fund established in 31-18-1 et seq. of this code.
(3) Ten dollars for a financing, continuation, termination, or other statement or writing permitted to be filed under chapter 46 of this code.
(4) Ten dollars for a plat or map (with no deed of conveyance).
(5) No charge for a service discharge record.
(6) Ten dollars for any document or writing other than those referenced in subdivisions (1), (2), (3), (4) and (5) of this subsection.
(7) One dollar for each additional page for documents or writings containing more than five pages.
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 revenue fund in accordance with 59-1-28 of this code, $5 shall be deposited in the county reappraisal fund and dedicated to the operation of the assessors office mapping division, $8 shall be deposited in the Courthouse Facilities Improvement Fund created by 29-26-6 of this code, $1 to the county 9-1-1 center and $2 shall be deposited in the county general fund and dedicated to the operation of the county clerks 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 into the Farmland Protection Fund created in 8A-12-1 et seq. of this code for the benefit of the West Virginia Agricultural Land Protection Authority and into the Outdoor Heritage Conservation Fund created 5B-2G-7(f) of this code. 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 5B-2G-7(f) of this code.
(b) Five dollars for administering any oath other than oaths by officers and employees of the state, political subdivisions of the state, a public or quasi-public entity of the state, or a political subdivision of the state, taken in his or her official capacity.
(c) Fifty-five dollars 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 ministers return to one of the licensees, and notification to a licensee after 60 days of the nonreceipt of the ministers return). This fee is reduced to $35 if the applicants present a premarital education course completion certificate issued pursuant to 48-2-701 of this code and dated within one year of the application for a marriage license.
(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 11-12-1 et seq. 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 11-12-1 et seq. 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 29-26-6 of this code; and
(4) If a premarital education course completion certificate is not presented, the county clerk shall, on or before the 10th day of each month, transmit $20 of the marriage license fee received pursuant to this subsection to the State Treasurer for deposit in the State Treasury as follows:
(A) Five dollars to the credit of the Family Protection Shelter Support Act in the same manner that license taxes are paid into the Treasury under 11-12-1 et seq. of this code.
(B) Five dollars to the credit of the special revenue account, hereby created, designated the Fund for Civil Legal Services for Low Income Persons, which shall consist of all gifts, grants, bequests, transfers, appropriations, or other donations or payments which may be received and administered by the Division of Justice and Community Services from any governmental entity or unit or any person, firm, foundation, or corporation for the purposes of this section, and all interest or other return earned from investment of the fund. Expenditures from the fund shall be made by the Director of the Division of Justice and Community Services and shall be limited to grants to nonprofit agencies which provide civil legal services to low income persons made at his or her discretion. Any balance in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided by this section.
(C) Ten dollars to the credit of the Marriage Education Fund created pursuant to 48-2-702 of this code.
(d) (1) One dollar and 50 cents for a copy of any writing or document, if it is not otherwise provided for.
(2) One dollar for each additional page if the writing or documents contains more than two pages.
(3) One dollar for annexing the seal of the commission or clerk to any paper.
(4) Five dollars for a certified copy of a birth certificate, death certificate, or marriage license.
(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.
Structure West Virginia Code
Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements
Article 1. Fees and Allowances
§59-1-1. Fee for Use of State Seal
§59-1-2. Fees to Be Charged by Secretary of State
§59-1-2b. Purchase of Voter Registration Lists and Election Data; Fees
§59-1-2c. Young Entrepreneur Reinvestment Act; Certain Fees Waived
§59-1-3. Fees to Be Charged by Auditor
§59-1-5. Violations of Preceding Section
§59-1-6. Fees to Be Charged by Surveyors
§59-1-7. Fees to Be Charged by Notaries Public
§59-1-8. Compensation of Commissioners of Courts
§59-1-9. Compensation of Fiduciary Commissioners; Procedure for Approving
§59-1-10. Fees to Be Charged by Clerk of County Commission
§59-1-11. Fees to Be Charged by Clerk of Circuit Court
§59-1-11a. Additional Costs in Certain Criminal Proceedings
§59-1-12. Payment of Fines by Credit Card or Payment Plan
§59-1-13. Fees to Be Charged by Clerk of Supreme Court of Appeals
§59-1-14. Fees to Be Charged by Sheriffs
§59-1-15. Payments to Sheriffs and Clerks Out of State or County Treasury
§59-1-16. Amount of Allowance to Witnesses for Attendance; How and When Made
§59-1-18. To Whom Fees Charged; Services by Clerks and Sheriffs Without Fees
§59-1-20. Making Out Fee Bills; Motion to Quash Improper Fee Bill; Prepayment of Fees
§59-1-21. Fee Bills of County Clerk
§59-1-22. Duties of Successor of Deceased Clerk With Reference to Fee Books and Fee Bills
§59-1-23. Requisites and Effect of Fee Bills for Services of Deceased Clerk
§59-1-24. Collection of Fees; Receipt
§59-1-26. Limitation on Distress or Suit for Collection of Fees
§59-1-28. Use and Disposition of Fees of Sheriffs, Clerks and Prosecuting Attorneys
§59-1-28a. Disposition of Filing Fees in Civil Actions and Fees for Services in Criminal Cases
§59-1-29. Collection of Such Fees
§59-1-30. Books of Account to Be Kept by Officers
§59-1-31. Monthly Payments; How Credited; Report Required
§59-1-32. Reduction or Remission of Fees Prohibited; Penalty for Default in Payment
§59-1-35. Supervision by Chief Inspector of Public Offices
§59-1-36. Fees and Allowances for Poor Persons