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SB 852

Increasing fees for execution of service of process by certified mail

2026 Regular Session Introduced by Robbie Morris

SB 852 raises certain service-of-process shipping fees and establishes veteran/active-duty exemptions, plus options for expedited service and refined revenue funding.

Chapter 148, Acts, Regular Session, 2026
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Bill Summary · SB 852

Summary of SB 852 (2026) – West Virginia

SB 852, enacted during the 2026 Regular Session, amends the fees charged by the Secretary of State related to service of process and other Secretary of State operations. The bill was signed into law and takes effect 90 days after passage (June 10, 2026).

Main purpose and intent

  • Increase certain fees related to service of process by certified mail and related shipping/handling expenses.
  • Establish exemptions for veteran-owned and active-duty member businesses.
  • Clarify and adjust how revenues from these fees are deposited and managed within state special revenue accounts.
  • Provide for expedited service fees (up to a cap) as an option for customers.

Key provisions and changes

  • §59-1-2(a)(6)(E) and (F) (and related shipping/handling):

    • The bill sets higher fees for the shipping and handling expenses for execution of service of process by certified mail within the United States and by registered mail for international service. Specifically:
    • Domestic certified mail service of process: $15 for shipping/handling (to be deposited to the Special Revenue Account for the Secretary of State's operations).
    • International service of process by registered mail: $20 for shipping/handling (also deposited to the Special Revenue Account for the Secretary of State’s operations).

  • General fee schedule reaffirmations/adjustments:

    • The bill preserves the existing framework of various filing, recording, and certificate fees for domestic and foreign entities (e.g., corporations, LLCs, partnerships), but explicitly ties the shipping/handling components for service of process to the Secretary of State’s Special Revenue accounts. This aligns service-of-process costs with the office’s financing structure.

  • Exemptions for veteran-owned and active-duty member businesses:

    • Effective for qualified veteran-owned businesses (established July 1, 2015, or later) and active-duty member businesses (established July 1, 2021, or later), the bill provides exemptions from a broad set of listed fees in §59-1-2(a). Specifically, exemptions apply to items including, but not limited to, filing and issuance fees for various entities and related certificates. This creates a financial relief target toward veteran-owned and active-duty-owned enterprises.

  • Expedited services:

    • The Secretary of State may offer expedited services with a fee not to exceed $500 (post-July 1, 2017 provision remains in force). This provides an option for faster processing at a capped price.

  • Financial administration and accounts:

    • The bill continues the establishment of designated accounts (Special Revenue Account for Service Fees and Collections; General Administrative Fees Account) and details how certain fees and charges are allocated to these accounts to fund the Office of the Secretary of State.
    • It reiterates the use of collected revenues for operating the Secretary of State’s office and specifies that some balances may roll over or be allocated per statutory provisions.

Who is affected

  • General public and business applicants applying for:

    • Domestic and foreign entity registrations, changes, mergers, and related certificates.
    • Service of process through the Secretary of State, including by certified mail (in-state) or registered mail (out-of-state/international).
    • Access to various records, Certificates of Existence/Good Standing, and related documents.

  • Veteran-owned businesses and active-duty member–owned businesses:

    • Eligible entities receive exemptions from the enumerated filing and related fees, reducing the overall cost of incorporation, registration, and maintenance.

  • Potential applicants seeking expedited services:

    • May incur up to a $500 expedited service fee if the Secretary of State offers such services.

Procedural/timeline aspects

  • Effective date: 90 days from passage (becomes law around June 2026).
  • Administrative implementation: Fees and accounts adjustments align with existing statutory structures for special revenue and general administrative fees. The Secretary of State may issue rules to implement fee schedules for services, subject to legislative rulemaking oversight.
  • Legislative history indicates rapid passage and gubernatorial approval in early 2026, with enactment finalized by Chapter 148, Acts, Regular Session, 2026.

If you’d like, I can compare SB 852 to prior West Virginia fee schedules or provide a plain-language Q&A for small business owners regarding the veteran-owned exemptions.

Compiled from official sources — confirm details with the bill’s official record.

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