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S1350aa....................................................by STATE AFFAIRS
COUNTY RECORDER FEES - Amends existing law relating to county recorder fees
to provide for negotiation and approval of the fee for duplication of
recorded documents in excess of 100 pages or continuous copy requests using
electronic means; to provide that the fee shall not exceed costs; to ratify
and approve existing agreements; to provide for review of the fee; and to
clarify page specifications.
02/03 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to St Aff
02/15 Rpt out - to 14th Ord
02/28 Rpt out amen - to engros
03/01 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/06 3rd rdg as amen - PASSED - 33-0-2
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Malepeai, Stennett
Floor Sponsor - McKenzie
Title apvd - to House
03/07 House intro - 1st rdg - to St Aff
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/24 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bradford, Trail
Floor Sponsor - Black
Title apvd - to Senate
03/27 To enrol
03/28 Rpt enrol - Pres signed
03/29 Sp signed
03/30 To Governor
03/31 Governor signed
Session Law Chapter 286
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1350
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO COUNTY RECORDER'S FEES; AMENDING SECTION 31-3205, IDAHO CODE, TO
3 PROVIDE A FEE FOR DUPLICATION OF RECORDED DOCUMENTS USING ELECTRONIC
4 MEANS, TO PROVIDE A CHARGE FOR ADMINISTRATIVE OR LABOR COSTS, TO CLARIFY
5 PAGE SPECIFICATIONS AND TO REFORMAT THE SECTION.
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. (1) The county recorder is allowed, and may
10 receive for his services, the following fees, to be paid him by the party pro-
11 curing his services:
12 (a) For recording every instrument, paper or notice, for each page
13 .................................................................. $ 3.00
14 (b) For copies of any record or paper, for each page ............. $ 1.00
15 (c) For each certificate under seal, when required ............... $ 1.00
16 (d) For release or assignment where more than one (1) document is
17 released or assigned in the same instrument, for each additional release
18 or assignment ..................................................... $ 1.00
19 (e) For recording every town plat or map, for first one hundred (100)
20 lots or less ...................................................... $11.00
21 And for each additional lot ....................................... $ .05
22 (f) For taking acknowledgments, including seal ................... $ 1.00
23 (g) For recording the location notice or amended location notice, of a
24 mining claim, or for recording and indexing each notice, for each page
25 ................................................................... $ 3.00
26 (h) 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 (i) For filing a survey .......................................... $ 5.00
30 (j) For making a copy of a survey or highway right-of-way plat ... $ 4.00
31 (k) For issuing marriage license, filing, recording and indexing the cer-
32 tificate of marriage and taking and filing affidavits required in issuance
33 of the license .................................................... $11.00
34 (l) For administering an oath, including jurat ................... $ 1.00
35 And certifying the same when required an additional sum of ........ $ 1.00
36 (m) For comparing and certifying a prepared copy of a file or record in
37 his office, for each page ........................................ $ .50
38 (n) For making and certifying a report of search for lien upon personal
39 property, excluding Uniform Commercial Code, for each name searched
40 ................................................................... $ 5.00
41 (o) For each certificate under seal there shall be an additional fee of
42 ................................................................... $ 1.00
43 (p) For duplication of recorded documents per recording day, using com-
2
1 pact disc, zip disc, floppy disc, microfilm or other electronic means, the
2 fee shall not exceed the actual cost to the county recorder of duplicating
3 the record. The actual cost shall not include capital expense recovery. A
4 charge for administrative or labor costs incurred while preparing a
5 nonpaper duplicate of a record shall be allowed only when the actual labor
6 associated with locating and duplicating such record exceeds two (2)
7 hours. On an annual basis, the recorder shall reevaluate and, if neces-
8 sary, adjust the fee and charge allowed under this paragraph (p) of sub-
9 section (1).
10 (2) All instruments delivered to the county recorder for record shall be
11 recorded rather than filed with the exception of plats, surveys, cornerstone
12 markers and instruments under the Uniform Commercial Code.
13 (3) For all other services as recorder, not enumerated herein, the fee
14 fixed in the statute requiring the service or the same fee as allowed the
15 clerk of the district court for like service.
16 (4) A page shall not exceed fourteen (14) inches in length nor eight and
17 one-half (8 1/2) inches in width. Each page shall be typewritten or be in leg-
18 ible writing. The recording fee to be charged for maps, sketches, drawings or
19 other instruments except plats larger than the size permitted above for a page
20 shall be two cents (2¢) per square inch.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by McKenzie
Seconded by Little
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1350
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, delete line 43; and on page 2, delete lines
3 1 through 9 and insert:
4 "(2) For duplication of recorded documents in excess of one hundred (100)
5 pages or continuous copy requests for duplication of records using compact
6 disc, zip disc, floppy disc or other electronic means, the fee shall be nego-
7 tiated between the county recorder and the purchaser of records. The fee shall
8 not exceed the costs to the county recorder for the retrieval and duplication
9 of the record. These negotiated fees shall be recommended by the county
10 recorder and approved by the board of county commissioners. Any existing
11 agreements for duplication of records are hereby ratified and approved. Any
12 negotiated fees shall remain in effect until such time as either party
13 requests a review of the fee.";
14 and also on page 2, in line 10, delete "2" and insert: "3"; in line 13, delete
15 "3" and insert: "4"; and in line 16, delete "4" and insert: "5".
16 CORRECTION TO TITLE
17 On page 1, delete lines 3 and 4 and insert: "PROVIDE FOR NEGOTIATION AND
18 APPROVAL OF THE FEE FOR DUPLICATION OF RECORDED DOCUMENTS IN EXCESS OF ONE
19 HUNDRED PAGES OR CONTINUOUS COPY REQUESTS USING ELECTRONIC MEANS, TO PROVIDE
20 THAT THE FEE SHALL NOT EXCEED COSTS, TO RATIFY AND APPROVE EXISTING AGREE-
21 MENTS, TO PROVIDE FOR REVIEW OF THE FEE, TO CLARIFY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1350, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO COUNTY RECORDER'S FEES; AMENDING SECTION 31-3205, IDAHO CODE, TO
3 PROVIDE FOR NEGOTIATION AND APPROVAL OF THE FEE FOR DUPLICATION OF
4 RECORDED DOCUMENTS IN EXCESS OF ONE HUNDRED PAGES OR CONTINUOUS COPY
5 REQUESTS USING ELECTRONIC MEANS, TO PROVIDE THAT THE FEE SHALL NOT EXCEED
6 COSTS, TO RATIFY AND APPROVE EXISTING AGREEMENTS, TO PROVIDE FOR REVIEW OF
7 THE FEE, TO CLARIFY PAGE SPECIFICATIONS AND TO REFORMAT THE SECTION.
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 (a) For recording every instrument, paper or notice, for each page
15 .................................................................. $ 3.00
16 (b) For copies of any record or paper, for each page ............. $ 1.00
17 (c) For each certificate under seal, when required ............... $ 1.00
18 (d) For release or assignment where more than one (1) document is
19 released or assigned in the same instrument, for each additional release
20 or assignment ..................................................... $ 1.00
21 (e) For recording every town plat or map, for first one hundred (100)
22 lots or less ...................................................... $11.00
23 And for each additional lot ....................................... $ .05
24 (f) For taking acknowledgments, including seal ................... $ 1.00
25 (g) For recording the location notice or amended location notice, of a
26 mining claim, or for recording and indexing each notice, for each page
27 ................................................................... $ 3.00
28 (h) For recording affidavit of labor of mining claims for one (1) mining
29 claim ............................................................. $ 4.00
30 Plus an additional charge for each claim in excess of one (1) ..... $ .50
31 (i) For filing a survey .......................................... $ 5.00
32 (j) For making a copy of a survey or highway right-of-way plat ... $ 4.00
33 (k) For issuing marriage license, filing, recording and indexing the cer-
34 tificate of marriage and taking and filing affidavits required in issuance
35 of the license .................................................... $11.00
36 (l) For administering an oath, including jurat ................... $ 1.00
37 And certifying the same when required an additional sum of ........ $ 1.00
38 (m) For comparing and certifying a prepared copy of a file or record in
39 his office, for each page ........................................ $ .50
40 (n) For making and certifying a report of search for lien upon personal
41 property, excluding Uniform Commercial Code, for each name searched
42 ................................................................... $ 5.00
43 (o) For each certificate under seal there shall be an additional fee of
2
1 ................................................................... $ 1.00
2 (2) For duplication of recorded documents in excess of one hundred (100)
3 pages or continuous copy requests for duplication of records using compact
4 disc, zip disc, floppy disc or other electronic means, the fee shall be nego-
5 tiated between the county recorder and the purchaser of records. The fee shall
6 not exceed the costs to the county recorder for the retrieval and duplication
7 of the record. These negotiated fees shall be recommended by the county
8 recorder and approved by the board of county commissioners. Any existing
9 agreements for duplication of records are hereby ratified and approved. Any
10 negotiated fees shall remain in effect until such time as either party
11 requests a review of the fee.
12 (3) All instruments delivered to the county recorder for record shall be
13 recorded rather than filed with the exception of plats, surveys, cornerstone
14 markers and instruments under the Uniform Commercial Code.
15 (4) For all other services as recorder, not enumerated herein, the fee
16 fixed in the statute requiring the service or the same fee as allowed the
17 clerk of the district court for like service.
18 (5) 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 typewritten or be in leg-
20 ible writing. The recording fee to be charged for maps, sketches, drawings or
21 other instruments except plats larger than the size permitted above for a page
22 shall be two cents (2¢) per square inch.
STATEMENT OF PURPOSE
RS 15800
The purpose of this legislation is to provide a process for
setting fees for electronic duplication of records produced in
the County Recorder's Office.
FISCAL NOTE
No fiscal impact.
Contact
Name: Kris Ellis, Idaho Land Title Association
Phone: 208-250-3132
Larry Benton, Idaho Land Title Association
Phone: 208-461-2000
STATEMENT OF PURPOSE/FISCAL NOTE S 1350