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H0131..................................................by REVENUE AND TAXATION
COUNTIES - RECORDING FEES - Amends existing law to increase the county
recording fee for recording each page of a document, for recording a town plat
or map, and for issuing a marriage license.
01/29 House intro - 1st rdg - to printing
01/30 Rpt prt - to Rev/Tax
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 131
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO COUNTY RECORDING FEES; AMENDING SECTION 31-3205, IDAHO CODE, TO
3 INCREASE THE FEE FOR RECORDING EACH PAGE OF A DOCUMENT, TO INCREASE THE
4 FEE RECORDING A TOWN PLAT OR MAP AND TO INCREASE THE FEE FOR ISSUING A
5 MARRIAGE LICENSE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 31-3205, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 31-3205. RECORDER'S FEES. The county recorder is allowed, and may receive
10 for his services, the following fees, to be paid him by the party procuring
11 his services:
12 For recording every instrument, paper or notice, for each page .. $ 35.00
13 For copies of any record or paper, for each page .................. $ 1.00
14 For each certificate under seal, when required .................... $ 1.00
15 For release or assignment where more than one (1) document is released or
16 assigned in the same instrument, for each additional release or assignment
17 ....................................................................... $ 1.00
18 For recording every town plat or map, for first one hundred (100) lots or
19 less ................................................................. $115.00
20 And for each additional lot ....................................... $ .05
21 For taking acknowledgments, including seal ........................ $ 1.00
22 For recording the location notice or amended location notice, of a mining
23 claim, or for recording and indexing each notice, for each page ....... $ 3.00
24 For recording affidavit of labor of mining claims for one (1) mining
25 claim ................................................................. $ 4.00
26 Plus an additional charge for each claim in excess of one (1) ..... $ .50
27 For filing a survey ............................................... $ 5.00
28 For making a copy of a survey or highway right-of-way plat ........ $ 4.00
29 For issuing marriage license, filing, recording and indexing the certifi-
30 cate of marriage and taking and filing affidavits required in issuance of the
31 license .............................................................. $115.00
32 For administering an oath, including jurat ........................ $ 1.00
33 And certifying the same when required an additional sum of ........ $ 1.00
34 For comparing and certifying a prepared copy of a file or record in his
35 office, for each page ................................................. $ .50
36 For making and certifying a report of search for lien upon personal prop-
37 erty, excluding Uniform Commercial Code, for each name searched ....... $ 5.00
38 For each certificate under seal there shall be an additional fee of
39 ....................................................................... $ 1.00
40 All instruments delivered to the county recorder for record shall be
41 recorded rather than filed with the exception of plats, surveys, cornerstone
42 markers and instruments under the Uniform Commercial Code.
43 For all other services as recorder, not enumerated herein, the fee fixed
2
1 in the statute requiring the service or the same fee as allowed the clerk of
2 the district court for like service.
3 A page shall not exceed fourteen (14) inches in length nor eight and one-
4 half (8 1/2) inches in width. The recording fee to be charged for maps,
5 sketches, drawings or other instruments except plats larger than the size per-
6 mitted above for a page shall be two cents (2) per square inch.
STATEMENT OF PURPOSE
RS 12722
Idaho's forty-four counties are required to record
documents for public records. The fees that the Clerks
are authorized to charge are set by state statute and
have not been increased, even for changes in inflation,
since at least 1987. The lack of increase has resulted
in at least thirty-one (31) counties without a self-
supporting recording office. Of the nine counties that
reported self-sufficiency, the income was less than
$100,000.
Idaho's counties have spent an increasing amount of
money updating their recording offices with changes in
technology. For example, counties are shifting from
recording books and microfiche to scanning and this has
caused an increase in costs to the recording office.
This legislation would allow the Clerks to charge $5.00
per page for recording every instrument paper or
notice, $15.00 for recording every town plat or map for
the first 100 lots or less and $15.00 for issuing and
filing of marriage licenses.
FISCAL NOTE
Counties are currently experiencing at least a two
million dollar negative difference between what they
can charge and what it costs to efficiently manage the
recording office.
CONTACT: Idaho Association of Counties Phone: 345-9126
Dan Chadwick, Tony Poinelli, Maggie Mahoney
STATEMENT OF PURPOSE/FISCAL IMPACT H 131