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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
]]]] 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
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