2005 Legislation
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HOUSE BILL NO. 267 – County recorder, copying fees

HOUSE BILL NO. 267

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Bill Status



H0267......................................................by STATE AFFAIRS
COUNTY RECORDER - FEES - Amends existing law relating to fees of the county
recorder to authorize the recorder to negotiate a fee for copying documents
under conditions specified; to prohibit documents to be handled by others;
and to require legible writing or typeface on documents.
                                                                        
02/25    House intro - 1st rdg - to printing
02/28    Rpt prt - to Loc Gov

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 267
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FEES OF THE COUNTY RECORDER; AMENDING SECTION 31-3205, IDAHO CODE,
  3        TO AUTHORIZE THE RECORDER TO NEGOTIATE A FEE FOR COPYING  DOCUMENTS  UNDER
  4        CONDITIONS SPECIFIED, TO PROHIBIT DOCUMENTS TO BE HANDLED BY OTHERS AND TO
  5        REQUIRE  LEGIBLE  WRITING  OR  TYPEFACE ON DOCUMENTS; AND AMENDING SECTION
  6        55-1909, IDAHO CODE, TO PROVIDE THAT FEES SHALL BE  AS  PROVIDED  FOR  THE
  7        COUNTY RECORDER.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 31-3205, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        31-3205.  RECORDER'S FEES. (1)  The county recorder is  allowed,  and  may
 12    receive for his services, the following fees, to be paid him by the party pro-
 13    curing his services:
 14        For recording every instrument, paper or notice, for each page ...  $ 3.00
 15        For copies of any record or paper, for each page .................. $ 1.00
 16        For each certificate under seal, when required .................... $ 1.00
 17        For release or assignment where more than one (1) document is released  or
 18    assigned  in  the  same instrument, for each additional release or assignment
 19    ....................................................................... $ 1.00
 20        For recording every town plat or map, for first one hundred (100) lots  or
 21    less .................................................................. $11.00
 22        And for each additional lot ....................................... $  .05
 23        For taking acknowledgments, including seal ........................ $ 1.00
 24        For  recording the location notice or amended location notice, of a mining
 25    claim, or for recording and indexing each notice, for each page ....... $ 3.00
 26        For recording affidavit of labor of  mining  claims  for  one  (1)  mining
 27    claim ................................................................. $ 4.00
 28        Plus an additional charge for each claim in excess of one (1) ..... $  .50
 29        For filing a survey or survey of record, for each page ............ $ 5.00
 30        For making a copy of a survey or highway right-of-way plat ........ $ 4.00
 31        For  issuing marriage license, filing, recording and indexing the certifi-
 32    cate of marriage and taking and filing affidavits required in issuance of  the
 33    license ............................................................... $11.00
 34        For administering an oath, including jurat ........................ $ 1.00
 35        And certifying the same when required an additional sum of ........ $ 1.00
 36        For  comparing  and  certifying a prepared copy of a file or record in his
 37    office, for each page ................................................. $  .50
 38        For making and certifying a report of search for lien upon personal  prop-
 39    erty, excluding Uniform Commercial Code, for each name searched ....... $ 5.00
 40        For each certificate under seal there  shall  be  an  additional  fee  of
 41    ....................................................................... $ 1.00
 42        (2)  All  instruments delivered to the county recorder for record shall be
 43    recorded rather than filed with the exception of plats,  surveys,  cornerstone
                                                                        
                                           2
                                                                        
  1    markers and instruments under the Uniform Commercial Code.
  2        (3)  For  all  other  services as recorder, not enumerated herein, the fee
  3    fixed in the statute requiring the service or the  same  fee  as  allowed  the
  4    clerk of the district court for like service.
  5        (4)  Upon  approval  by  the  board of county commissioners, the clerk may
  6    negotiate a fee less than the amount allowed by this  section  for  copies  of
  7    recorded documents in excess of one hundred (100) pages and ongoing or contin-
  8    uous  copy requests including creation or copying of records via compact disc,
  9    zip disc, floppy disc or other electronic storage and  transfer  systems.  Any
 10    existing  agreements  for copies at a rate other than established by this sec-
 11    tion are hereby ratified and approved. No recipient  of  records  pursuant  to
 12    this section shall be authorized to sell or transfer these records as official
 13    copies of any county records.
 14        (5)  The recorder shall not permit any individual to physically handle any
 15    document  in  order  to  make that person's own photocopies, digital images or
 16    otherwise reproduce the document in order to avoid the statutory fees  imposed
 17    herein.
 18        (6)  A  page shall not exceed fourteen (14) inches in length nor eight and
 19    one-half (8 1/2) inches in width. Each page shall be  in  legible  writing  or
 20    typeface.  Any  additions  to  standard forms shall be in typeface  no smaller
 21    than 10 point typeface. The recording fee to be charged  for  maps,  sketches,
 22    drawings  or  other  instruments  except  plats larger than the size permitted
 23    above for a page shall be two cents (2¢) per square inch.
                                                                        
 24        SECTION 2.  That Section 55-1909, Idaho Code, be, and the same  is  hereby
 25    amended to read as follows:
                                                                        
 26        55-1909.  FILING  FEE.  A fee of five dollars ($5.00) per page as provided
 27    in section 31-3205, Idaho Code, shall be charged for filing any record of sur-
 28    vey.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                           RS 14796C2

The primary purpose of this legislation is to enable the county
recorder, upon approval of the board of county commissioners, to
negotiate a fee less than the amount authorized in Section 31-
3205 for copies of documents in excess of 100 pages or for copies
of documents in electronic format. For those entities that have
negotiated agreements, such existing agreements would not be
affected by this change.  This bill restricts any recipient from
selling or transferring the records as official copies of county
records. It also restricts anyone, other than the recorder as
keeper of the records, from physically handling any recorded
document. It further requires that each page be in legible
typeface or no smaller than 10 point. 


                         FISCAL IMPACT

No impact on the state general funds. There would be no impact in
counties that have developed agreements.  However, there may be
an increase in revenue to other counties as they develop
agreements for a large production of documents.



Contact:
Names:  Dan Chadwick, Maggie Colwell, Tony Poinelli and
        Kerry Ellen Elliott
Agency: Idaho Association of Counties
Phone:  208-345-9126


STATEMENT OF PURPOSE/FISCAL NOTE                    H 267