H.B. 259 Enrolled

1

COUNTY RECORDER REVISIONS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: R. Curt Webb
5 Senate Sponsor: Kevin T. Van Tassell
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to county recorder fees.
10 Highlighted Provisions:
11 This bill:
12 . authorizes a county recorder to receive a fee for recording certain documents;
13 . requires a person recording certain documents to include certain wording;
14 . authorizes a county recorder to examine certain documents; and
15 . makes technical corrections.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 17-21-18.5, as last amended by Laws of Utah 2006, Chapter 38
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 17-21-18.5 is amended to read:
26 17-21-18.5. Fees of county recorder.
27 (1) The county recorder shall receive the following fees:
28 (a) for recording any instrument, not otherwise provided for, other than bonds of public
29 officers, $10;

30 (b) for recording any instrument, including those provided for under Title 70A,
31 Uniform Commercial Code, other than bonds of public officers, and not otherwise provided
32 for, $10 for the first page and $2 for each additional page, and if an instrument contains more
33 than one description, $1 for each additional description;
34 (c) for recording a right-of-way connected with or appurtenant to any tract of land
35 described in the instrument, $1, but if the instrument contains a description of more than one
36 right-of-way, $1 for each additional right-of-way, and if an instrument contains more than two
37 names for either the first or second party, or the plaintiffs or defendants, $1 for each additional
38 name;
39 (d) for recording mining location notices and affidavits of labor affecting mining
40 claims, $10 for the first page and $2 for each additional page; and
41 (e) for a location notice, affidavit, or proof of labor which contains names of more than
42 two signers, $1 for each additional name, and for an affidavit or proof of labor which contains
43 more than one mining claim, $1 for each additional mining claim.
44 (2) (a) Each county recorder shall record the mining rules of the several mining
45 districts in each county without fee.
46 (b) Certified copies of these records shall be received in all tribunals and before all
47 officers of this state as prima facie evidence of the rules.
48 (3) The county recorder shall receive the following fees:
49 (a) for copies of any record or document, a reasonable fee as determined by the county
50 legislative body;
51 (b) for each certificate under seal, $5;
52 (c) for recording any plat, $30 for each sheet and $1 for each lot or unit designation;
53 (d) for taking and certifying acknowledgments, including seal, $5 for one name and $2
54 for each additional name;
55 (e) for recording any license issued by the Division of Occupational and Professional
56 Licensing, $10; and
57 (f) for recording a federal tax lien, $10, and for the discharge of the lien, $10.

58 (4) (a) For recording a document that is subject to and complies with the Real Estate
59 Settlement and Procedure Act, 12 U.S.C. Sec. 2601 et seq. for a residential property
60 constructed for at least one family but no more than four families, the county recorder shall
61 receive:
62 (i) $14 for each deed of conveyance;
63 (ii) $40 for each deed of trust; and
64 (iii) $14 for each assignment of a deed of trust when recorded concurrently with the
65 assigned deed of trust.
66 (b) If a person submits for recording a document described in Subsection (4)(a), the
67 person shall notify the county recorder by including the word "RESPA" in at least 16 point font
68 on the front page of each document.
69 (c) A county recorder is not required to:
70 (i) refund a fee described in Subsection (4)(a); or
71 (ii) change a fee amount shown on a recorded document if the fee described in
72 Subsection (4)(a) is not collected at the time of recording.
73 (d) A county recorder may examine a document recorded under this Subsection (4) for
74 compliance with the Real Estate Settlement and Procedure Act, 12 U.S.C. Sec. 2601 et seq.
75 [(4)] (5) The county may determine and collect a fee for all services not enumerated in
76 this section.
77 [(5)] (6) A county recorder may not be required to collect a fee for services that are
78 unrelated to the county recorder's office.