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--- version:Committee Substitute
+++ version:Enrolled Committee Substitute
@@ -1,17 +1,18 @@
 WEST VIRGINIA LEGISLATURE
 2026 REGULAR SESSION
+Enrolled
 Committee Substitute
 for
 Senate Bill 852
 BY SENATOR MORRIS
-[Reported February 26, 2026, from the Committee on
-Government Organization]
-
-CS for SB 852
+[Passed March 12, 2026; in effect 90 days from
+passage (June 10, 2026)]
+
+Enr CS for SB 852
  1
-A BILL to amend and reenact §59 -1-2 of the Code of West Virginia, 1931, as amended, relating 1
+AN ACT to amend and reenact §59-1-2 of the Code of West Virginia, 1931, as amended, relating 1
 to increasing service of process fees and fees in shipping and handling expenses for 2
-execution of service of process by certified mail upon any defendant ; and providing for 3
+execution of service of process by certified mail upon any defendant; and providing for 3
 certain exemptions for foreign veteran-owned businesses. 4
 Be it enacted by the Legislature of West Virginia:
 ARTICLE 1. FEES AND ALLOWANCES.
@@ -35,7 +36,7 @@
 (I) Amendment or correction, including change of name, of articles of organization of 17
 business trust, limited liability partnership, limited liability company, or professional limited liability 18
 company; or of certificate of limited partnership; or of agreement of voluntary association, $25; 19
-CS for SB 852
+Enr CS for SB 852
  2
 (J) Amendment and restatement of articles of incorporation, certificate of limited 20
 partnership, agreement of voluntary association or articles of organization of limited liability 21
@@ -63,7 +64,7 @@
 withdrawal, or termination within this state of business entities organized in other states or 43
 countries, as follows: 44
 (A) Certificate of authority of for-profit corporation, $100; 45
-CS for SB 852
+Enr CS for SB 852
  3
 (B) Certificate of authority of nonprofit corporation, $50; 46
 (C) Certificate of authority of foreign limited liability companies, $150; 47
@@ -90,7 +91,7 @@
 (P) Statement of conversion, when permitted, from one business entity into another 68
 business entity, in addition to the cost of filing the appropriate articles or certificate to organize 69
 the surviving entity, $25; 70
-CS for SB 852
+Enr CS for SB 852
  4
 (Q) Certificate of withdrawal or cancellation of a corporation, limited partnership, limited 71
 liability partnership, limited liability company, voluntary association, or business, trust $25; 72
@@ -118,7 +119,7 @@
 (F) Certificate of registration of the name of a foreign corporation, limited liability company, 94
 limited partnership or limited liability partnership, $25; 95
 (G) For the annual renewal of the name registration, $10; 96
-CS for SB 852
+Enr CS for SB 852
  5
 (H) Any other certificate not specified in this subdivision, $10. 97
 (6) For issuing a certificate other than those relating to business entities, as provided in 98
@@ -129,15 +130,15 @@
 (C) Any other certificate not specified in this subdivision, $10; 103
 (D) For acceptance, indexing , and recordation of service of process for any corporation, 104
 limited partnership, limited liability partnership, limited liability company, voluntary association, 105
-business trust, insurance company, person, or other entity as permitted by law, $15 $20; 106
+business trust, insurance company, person, or other entity as permitted by law, $20; 106
 (E) For shipping and handling expenses for execution of service of process by certified 107
 mail upon any defendant within the United States, which fee is to be deposited to the special 108
 revenue account established in this section for the operation of the office of the Secretary of State, 109
-$5 $15; 110
+$15; 110
 (F) For shipping and handling expenses for execution of service of process upon any 111
 defendant outside the United States by registered mail, which fee is to be deposited to the special 112
 revenue account established in this section for the operation of the office of the Secretary of State, 113
-$15 $20. 114
+$20. 114
 (7) For a search of records of the office conducted by employees of or at the expense of 115
 the Secretary of State upon request, as follows: 116
 (A) For any search of archival records maintained at sites other than the office of the 117
@@ -145,7 +146,7 @@
 (B) For searches of archival records maintained at sites other than the office of the 119
 Secretary of State which require more than one hour, for each hour or fraction of an hour 120
 consumed in making a search, $10; 121
-CS for SB 852
+Enr CS for SB 852
  6
 (C) For any search of records maintained on site for the purpose of obtaining copies of 122
 documents or printouts of data, $5; 123
@@ -172,7 +173,7 @@
 database information or other information maintained by the Secretary of State. 144
 (c) For any other work or service not enumerated in this section, the fee prescribed 145
 elsewhere in this code or a rule promulgated under the authority of this code. 146
-CS for SB 852
+Enr CS for SB 852
  7
 (d) The records maintained by the Secretary of State are prepared and indexed at the 147
 expense of the state and those records shall not be obtained for commercial resale without the 148
@@ -200,7 +201,7 @@
 5, §29-19-9, and §29-19-15b this code; 170
 (4) The annual attorney-in-fact fee for limited liability companies as designated in §31B-1-171
 108 of this code and the annual report fee established in §31B-2-211 of this code: Provided, That 172
-CS for SB 852
+Enr CS for SB 852
  8
 after June 30, 2008, the annual report fees designated in §31B -1-108 of this code shall upon 173
 collection, be deposited in the General Administrative Fees Account described in §59-1-21(h) of 174
@@ -224,18 +225,18 @@
 (g) Any balance in the service fees and collections account established by this section 192
 which exceeds $500,000 as of June 30, 2003, and each year thereafter, shall be expired to the 193
 State Fund, General Revenue Fund. 194
-(h)(1) Effective July 1, 2008, there is hereby created in the State Treasury a special 195
-revenue account to be known as the General Administrative Fees Account. Expenditures from 196
-the account shall be used for the operation of the office of the Secretary of State and are not 197
-authorized from collections, but are to be made only in accordance with appropriation by the 198
-CS for SB 852
+(h) Effective July 1, 2008, there is hereby created in the State Treasury a special revenue 195
+account to be known as the General Administrative Fees Account. Expenditures from the account 196
+shall be used for the operation of the office of the Secretary of State and are not authorized from 197
+collections, but are to be made only in accordance with appropriation by the Legislature and in 198
+Enr CS for SB 852
  9
-Legislature and in accordance with the provisions of §12 -3-1 et seq. of this code and upon the 199
-fulfillment of the provisions set forth in §11B-2-1 et seq. of this code: Provided, That for the fiscal 200
-year ending June 30, 2009, expenditures are authorized from collections rather than pursuant to 201
-an appropriation by the Legislature. Any balance in the account at the end of each fiscal year 202
-shall not revert to the General Revenue Fund but shall remain in the fund and be expended as 203
-provided by this subsection. 204
+accordance with the provisions of §12 -3-1 et seq. of this code and upon the fulfillment of the 199
+provisions set forth in §11B-2-1 et seq. of this code: Provided, That for the fiscal year ending June 200
+30, 2009, expenditures are authorized from collections rather than pursuant to an appropriation 201
+by the Legislature. Any balance in the account at the end of each fiscal year shall not revert to 202
+the General Revenue Fund but shall remain in the fund and be expended as provided by this 203
+subsection. 204
 (2) After June 30, 2008, all the fees and service charges established in §59 -1-2a of this 205
 code for the following purposes shall be collected and deposited by the Secretary of State or other 206
 collecting agency in the general administrative fees account and used for the operation of the 207
@@ -255,7 +256,7 @@
 reallocated to the appropriate general or special revenue accounts. There shall be no fee charged 221
 by the Secretary of State to the customer for the use of this account and the customer may request 222
 the return of any moneys maintained in the account at any time without penalty. The assets of the 223
-CS for SB 852
+Enr CS for SB 852
  10
 prepaid fees and services account do not constitute public funds of the state and are available 224
 solely for carrying out the purposes of this section. 225
@@ -265,7 +266,36 @@
 (a)(1)(A), (a)(1)(B), (a)(1)(C), (a)(1)(D), (a)(1)(E), (a)(1)(F), and(a)(1)(G) of this section, (a)(2)(A), 229
 (a)(2)(B), (a)(2)(C), (a)(2)(E), (a)(2)(F), (a)(2)(G), (a)(2)(H), and (a)(2)(I) of this section. 230
 (k) Notwithstanding any other provisions of this article, after July 1, 2017, the Secretary of 231
-State may offer a fee for expedited services which shall may not exceed $500. 232
+State may offer a fee for expedited services which may not exceed $500. 232
 (l) The fees provided for in this section shall remain in effect until such time as the 233
 Legislature has approved rules promulgated by the Secretary of State, in accordance with the 234
-provisions of §29A-3-1 et seq. of this code, establishing a schedule of fees for services. 235
+provisions of §29A-3-1 et seq. of this code, establishing a schedule of fees for services.235
+Enr CS for SB 852
+ 11
+The Clerk of the Senate and the Clerk of the House of Delegates hereby
+certify that the foregoing bill is correctly enrolled.
+
+...............................................................
+ Clerk of the Senate
+
+  ...............................................................
+ Clerk of the House of Delegates
+
+Originated in the Senate.
+
+In effect 90 days from passage.
+
+    ...............................................................
+ President of the Senate
+
+      ...............................................................
+ Speaker of the House of Delegates
+
+__________
+
+ The within is ................................................ this the...........................................
+
+Day of ..........................................................................................................., 2026.
+
+    .............................................................
+        Governor