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H0460...................................................by LOCAL GOVERNMENT
COUNTY RECORDER FEES - Amends existing law to revise recorder's fees for
filing surveys; and to delete a certain county recorder fee relating to a
report of search for lien upon personal property.
02/05 House intro - 1st rdg - to printing
02/06 Rpt prt - to Loc Gov
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 68-1-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren,
Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews,
McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick,
Pence, Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(02), Shepherd(08), Shirley, Shively, Smith(24),
Smith(30)(Stanek), Stevenson, Thayn, Thomas, Vander Woude, Wills,
Wood(27), Wood(35), Mr. Speaker
NAYS -- Trail
Absent and excused -- Snodgrass
Floor Sponsor - Bock
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Loc Gov
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Cameron, Coiner,
Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Broadsword, Gannon, Siddoway
Floor Sponsor - McKague
Title apvd - to House
03/10 To enrol
03/11 Rpt enrol - Sp signed
03/12 Pres signed - To Governor
03/14 Governor signed
Session Law Chapter 111
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 460 BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 RELATING TO COUNTIES; AMENDING SECTION 31-3205, IDAHO CODE, TO REVISE 3 RECORDER'S FEES FOR FILING SURVEYS AND TO DELETE A RECORDER'S FEE FOR MAK- 4 ING AND CERTIFYING CERTAIN REPORTS RELATING TO LIENS ON PERSONAL PROPERTY. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 31-3205, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 31-3205. RECORDER'S FEES. (1) The county recorder is allowed, and may 9 receive for his services, the following fees, to be paid him by the party pro- 10 curing his services: 11 (a) For recording every instrument, paper or notice, for each page 12 .................................................................. $ 3.00 13 (b) For copies of any record or paper, for each page ............. $ 1.00 14 (c) For each certificate under seal, when required ............... $ 1.00 15 (d) For release or assignment where more than one (1) document is 16 released or assigned in the same instrument, for each additional release 17 or assignment ..................................................... $ 1.00 18 (e) For recording every town plat or map, for first one hundred (100) 19 lots or less ...................................................... $11.00 20 And for each additional lot ....................................... $ .05 21 (f) For taking acknowledgments, including seal ................... $ 1.00 22 (g) For recording the location notice or amended location notice, of a 23 mining claim, or for recording and indexing each notice, for each page 24 ................................................................... $ 3.00 25 (h) For recording affidavit of labor of mining claims for one (1) mining 26 claim ............................................................. $ 4.00 27 Plus an additional charge for each claim in excess of one (1) ..... $ .50 28 (i) For filing a survey, for each page ........................... $ 5.00 29 (j) For making a copy of a survey or highway right-of-way plat ... $ 4.00 30 (k) For issuing marriage license, filing, recording and indexing the cer- 31 tificate of marriage and taking and filing affidavits required in issuance 32 of the license .................................................... $11.00 33 (l) For administering an oath, including jurat ................... $ 1.00 34 And certifying the same when required an additional sum of ........ $ 1.00 35 (m) For comparing and certifying a prepared copy of a file or record in 36 his office, for each page ........................................ $ .50 37 (n)For making and certifying a report of search for lien upon personal38property, excluding Uniform Commercial Code, for each name searched39................................................................... $ 5.0040(o)For each certificate under seal there shall be an additional fee of 41 ................................................................... $ 1.00 42 (2) For duplication of recorded documents in excess of one hundred (100) 43 pages or continuous copy requests for duplication of records using compact 2 1 disc, zip disc, floppy disc or other electronic means, the fee shall be nego- 2 tiated between the county recorder and the purchaser of records. The fee shall 3 not exceed the costs to the county recorder for the retrieval and duplication 4 of the record. These negotiated fees shall be recommended by the county 5 recorder and approved by the board of county commissioners. Any existing 6 agreements for duplication of records are hereby ratified and approved. Any 7 negotiated fees shall remain in effect until such time as either party 8 requests a review of the fee. 9 (3) All instruments delivered to the county recorder for record shall be 10 recorded rather than filed with the exception of plats, surveys, cornerstone 11 markers and instruments under the Uniform Commercial Code. 12 (4) For all other services as recorder, not enumerated herein, the fee 13 fixed in the statute requiring the service or the same fee as allowed the 14 clerk of the district court for like service. 15 (5) A page shall not exceed fourteen (14) inches in length nor eight and 16 one-half (8 1/2) inches in width. Each page shall be typewritten or be in leg- 17 ible writing. The recording fee to be charged for maps, sketches, drawings or 18 other instruments except plats larger than the size permitted above for a page 19 shall be two cents (2¢) per square inch.
STATEMENT OF PURPOSE
RS17535C1
The purpose of this legislation is to repeal Idaho Code
Section 31-3205 (1)(n) and amend Idaho Code Section 31-3205(1)(i). The
provision to perform and certify a lien search (I.C.31-2416) was
repealed in 1976 and this bill would eliminate the reference to the
associated fee in I.C.31-3205(1)(n). This bill would also amend
I.C.31-3205(1)(i) by adding ", for each page". I.C.55-1909 is quite
clear that the charge to file record of survey is $5.00 per page.
However, I.C.31-3205(1)(i) does not indicate the feeis per page even
though subsections (a), (b), (g), and (m) do say "for each page".
FISCAL NOTE
No fiscal impact to the state s general fund. No fiscal impact to
local government.
Contact
Name: Tony Poinelli, Idaho Association of Counties
Phone: 345-9126
Dan G. Chadwick
STATEMENT OF PURPOSE/FISCAL NOTE H460