Bill Text: WV SB241 | 2019 | Regular Session | Comm Sub
Bill Title: Permitting county court clerks scan certain documents in electronic form
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2019-04-16 - Chapter 233, Acts, Regular Session, 2019 [SB241 Detail]
Download: West_Virginia-2019-SB241-Comm_Sub.html
WEST virginia legislature
2019 regular session
Committee Substitute
for
Senate Bill 241
Senators Weld, Cline, Hamilton, and Baldwin, original sponsors
[Originating in the Committee on Government Organization; Reported on January 23, 2019]
A BILL to amend and reenact §39-1-11 of the Code of West Virginia, 1931, as amended, relating to writings to be recorded under the direction of the county clerk; permitting the clerk, with authorization from the county commission, to scan and record certain documents in electronic form rather than in well-bound books, not prepare indices in separate books, and replace existing books by scanning them in approved electronic format; requiring that existing books be retained; providing exception to retention of books; and updating terms.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1. AUTHENTICATION AND RECORD OF WRITINGS.
§39-1-11. Recordation of writings and plats and papers annexed; index; interlineations; filing under Uniform Commercial Code.
Every writing (except financing, continuation, and
termination statements and other statements and writings permitted to be filed
under chapter 46 of the this code) authorized by law to be recorded,
when admitted to record, shall, with all certificates of acknowledgment, and
all plats, schedules, and other papers thereto annexed or thereon indorsed, be
recorded by, or under the direction of, the clerk of the county court commission,
in a well-bound book, to be carefully preserved; and there shall be an index to
such book as well in the name of the grantee as of the grantor: Provided,
That the county commission may, in accordance with the provisions of §5A-8-15
of this code, authorize the clerk to scan and record all such writings and
papers in electronic form rather than in well-bound books, not prepare in
separate books an index of any type, and replace existing well-bound books by
scanning them in an approved electronic format: Provided, however, That
existing well-bound books be retained either on-site or off-site unless the
provisions of §5A-8-15 of this code are followed.
After being so recorded, such writing may be
delivered to the party entitled to claim under the same. If, except in those
cases where such writing is recorded by photography or similar process
producing exact facsimile copies, there appear upon such writing, or any paper
or certificate annexed thereto, any interlineation, erasure, or alteration, of
which no memorandum is contained in the writing, paper, or certificate, the
clerk shall append to the record thereof a memorandum describing as accurately
as may be such interlineation, erasure, or alteration; and such memorandum
shall be copied into every such writing, paper, or certificate. Every such
memorandum shall be prima facie evidence of what is therein stated therein:
Provided, That the clerk of the county court commission may
refuse to accept for recordation any instrument printed on both sides of the paper
or printed in whole or part in smaller than 10-point type with at least two
points separating each line. Any failure of such instrument to be so accepted
by the clerk of the county court commission shall not affect the
validity thereof as to the parties thereto: Provided, however, That any
such instrument shall be accepted by the clerk for recording at one and
one-half times the legal fee therefor.
Financing,
continuation, and termination statements and other statements and writings
permitted to be filed under chapter 46 of the this code shall be
filed in a proper file by the clerk of the county court commission
or the Secretary of State, as the case may be, as specified in said chapter 46.
Such statements and writings filed in the office of the clerk of the county court
commission and such statements and writings filed in the office of the
Secretary of State shall be indexed according to the name of the debtor and
shall disclose the assigned file number and the address of the debtor given in
the respective statement or writing. The date and hour of filing and the file
number shall be noted on the statement or writing involved. A financing,
continuation, or termination statement or other statement or writing permitted
to be filed under chapter 46 of the this code may, after the same
ceases to be effective or lapses, as specified in said chapter 46, be removed
from the files in the office of the clerk of the county court commission
or the Secretary of State, as the case may be, and destroyed.
NOTE: The purpose of this bill is to permit the county clerk, with authorization from the county commission, to scan and record certain documents in electronic form rather than in books, not prepare indices of those documents in separate books, and replace existing books by scanning them in an approved electronic format. The bill provides that existing books be retained.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
