2008 Legislation
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HOUSE BILL NO. 460<br /> – County recorder fees revised

HOUSE BILL NO. 460

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Bill Status



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

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN 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  personal
 38        property,  excluding  Uniform  Commercial  Code,  for  each name searched
 
 39        ................................................................... $ 5.00
 40        (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 / Fiscal Impact


                      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