This document includes House Committee Amendments incorporated into the bill on Tue, Feb 19, 2019 at 3:59 PM by pflowers.
This document includes Senate Committee Amendments incorporated into the bill on Fri, Mar 8, 2019 at 12:27 PM by lpoole.
1     
COUNTY RECORDER FEES AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Logan Wilde

5     
Senate Sponsor: Ralph Okerlund

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to statutorily defined fees that a county recorder
10     charges.
11     Highlighted Provisions:
12          This bill:
13          ▸     increases certain statutorily defined fees that a county recorder charges;
14          ▸     modifies the recording fee structure to a per-recording rather than a per-page fee;
15          ▸     removes certain distinctions between certain types of documents for purposes of
16     determining fees;
17          ▸     repeals authority for a county recorder to charge an additional fee for a document
18     that fails to meet requirements the recorder imposes in addition to the statutory
19     requirements;
20          ▸     modifies the list of documents that are exempt from certain recording requirements;
21     and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          17-21-18.5, as last amended by Laws of Utah 2014, Chapter 89
30          17-21-20, as last amended by Laws of Utah 2014, Chapter 89
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 17-21-18.5 is amended to read:
34          17-21-18.5. Fees of county recorder.
35          (1) The county recorder shall receive the following fees:
36          (a) for recording any instrument, not otherwise provided for, other than bonds of public
37     officers, [$10] Ŝ→ [$45] $40 ←Ŝ ;
38          (b) for recording any instrument, including those provided for under Title 70A,
39     Uniform Commercial Code, other than bonds of public officers, and not otherwise provided
40     for, [$10 for the first page and $2 for each additional page] Ŝ→ [$45] $40 ←Ŝ , and if an instrument
40a     contains
41     more than [one description, $1] 10 descriptions, $2 for each additional description;
42          [(c) for recording a right-of-way connected with or appurtenant to any tract of land
43     described in the instrument, $1, but if the instrument contains a description of more than one
44     right-of-way, $1 for each additional right-of-way, and if an instrument contains more than two
45     names for either the first or second party, or the plaintiffs or defendants, $1 for each additional
46     name;]
47          [(d)] (c) for recording mining location notices and affidavits of labor affecting mining
48     claims, [$10 for the first page and $2 for each additional page] Ŝ→ [$45] $40 ←Ŝ ; and
49          [(e)] (d) [for a location notice, affidavit, or proof of labor which contains names of
50     more than two signers, $1 for each additional name, and] for an affidavit or proof of labor
51     which contains more than [one] 10 mining [claim, $1] claims, $2 for each additional mining
52     claim.
53          (2) (a) Each county recorder shall record the mining rules of the several mining
54     districts in each county without fee.
55          (b) Certified copies of these records shall be received in all tribunals and before all
56     officers of this state as prima facie evidence of the rules.
57          (3) The county recorder shall receive the following fees:
58          (a) for copies of any record or document, a reasonable fee as determined by the county
59     legislative body;
60          (b) for each certificate under seal, $5;
61          (c) for recording any plat, [$30] $50 for each sheet and [$1] $2 for each lot or unit
62     designation;
63          (d) for taking and certifying acknowledgments, including seal, $5 for one name and $2
64     for each additional name;
65          (e) for recording any license issued by the Division of Occupational and Professional
66     Licensing, [$10] Ŝ→ [$45] $40 ←Ŝ ; and
67          (f) for recording a federal tax lien, [$10] Ŝ→ [$45] $40 ←Ŝ , and for the discharge of the
67a     lien, [$10]
68     Ŝ→ [$45] $40 ←Ŝ .
68a     Ĥ→ (4) A county recorder may not charge more than one recording fee for each instrument,
68b     regardless of whether the instrument bears multiple descriptive titles or includes one or more
68c     attachments as part of the instrument.
68d     (5) By January 1, 2022, each county shall accept and provide for electronic recording of
68e     instruments. ←Ĥ
69          [(4) (a) For recording a document that is subject to and complies with the Real Estate
70     Settlement and Procedure Act, 12 U.S.C. Sec. 2601 et seq. for a residential property
71     constructed for at least one family but no more than four families, the county recorder shall
72     receive:]
73          [(i) $14 for each deed of conveyance;]
74          [(ii) $40 for each deed of trust; and]
75          [(iii) $14 for each assignment of a deed of trust when recorded concurrently with the
76     assigned deed of trust.]
77          [(b) If a person submits for recording a document described in Subsection (4)(a), the
78     person shall notify the county recorder by including the word "RESPA" in at least 16 point font
79     on the front page of each document.]
80          [(c) A county recorder is not required to:]
81          [(i) refund a fee described in Subsection (4)(a); or]
82          [(ii) change a fee amount shown on a recorded document if the fee described in
83     Subsection (4)(a) is not collected at the time of recording.]
84          [(d) A county recorder may examine a document recorded under this Subsection (4) for
85     compliance with the Real Estate Settlement and Procedure Act, 12 U.S.C. Sec. 2601 et seq.]
86          [(5) In addition to any other fee that the county recorder is authorized to charge and
87     collect, if a county recorder is required to comply with the standards established under Chapter
88     21a, Uniform Real Property Electronic Recording Act, the county recorder may charge and
89     collect from a person who submits an electronic document, as defined in Section 17-21a-102,
90     for recording, a surcharge that:]
91          [(a) is calculated to recover the additional costs of complying with Chapter 21a,
92     Uniform Real Property Electronic Recording Act; and]
93          [(b) may not exceed 10% of the cost before the surcharge.]
94          Ĥ→ [[] (6) [] (4)] ←Ĥ The county may determine and collect a fee for all services not
94a     enumerated in
95     this section.
96          Ĥ→ [[] (7) [] (5)] ←Ĥ A county recorder may not be required to collect a fee for services
96a     that are
97     unrelated to the county recorder's office.
98          Section 2. Section 17-21-20 is amended to read:
99          17-21-20. Recording required -- Recorder may impose requirements on
100     documents to be recorded -- Prerequisites -- Additional fee for noncomplying documents
101     -- Recorder may require tax serial number -- Exceptions -- Requirements for recording
102     final local entity plat.
103          (1) Subject to Subsections (2), (3), and (4), a county recorder shall record each paper,
104     notice, and instrument required by law to be recorded in the office of the county recorder [shall
105     be recorded] unless otherwise provided.
106          (2) Subject to Chapter 21a, Uniform Real Property Electronic Recording Act, each
107     document that is submitted for recording to a county recorder's office shall:
108          (a) unless otherwise provided by law, be an original or certified copy of the document;
109          (b) be in English or be accompanied by an accurate English translation of the
110     document;
111          (c) contain a brief title, heading, or caption on the first page stating the nature of the
112     document;
113          (d) except as otherwise provided by statute, contain the legal description of the
114     property that is the subject of the document;
115          (e) comply with the requirements of Section 17-21-25 and Subsections 57-3-105(1)
116     and (2);
117          (f) except as otherwise provided by statute, be notarized with the notary stamp with the
118     seal legible; and
119          (g) have original signatures.
120          (3) (a) Subject to Chapter 21a, Uniform Real Property Electronic Recording Act, a
121     county recorder may require that each paper, notice, and instrument submitted for recording in
122     the county recorder's office:
123          (i) be on white paper that is 8-1/2 inches by 11 inches in size;
124          (ii) have a margin of one inch on the left and right sides and at the bottom of each
125     page;
126          (iii) have a space of 2-1/2 inches down and 4-1/2 inches across the upper right corner
127     of the first page and a margin of one inch at the top of each succeeding page;
128          (iv) not be on sheets of paper that are continuously bound together at the side, top, or
129     bottom;
130          (v) not contain printed material on more than one side of each page;
131          (vi) be printed in black ink and not have text smaller than seven lines of text per
132     vertical inch; and
133          (vii) be sufficiently legible to make certified copies.
134          (b) A county recorder who intends to establish requirements under Subsection (3)(a)
135     shall first:
136          (i) provide formal notice of the requirements; and
137          (ii) establish and publish an effective date for the requirements that is at least three
138     months after the formal notice under Subsection (3)(b)(i).
139          [(c) If a county recorder establishes requirements under this Subsection (3), the county
140     recorder may charge and collect from persons who submit a document for recording that does
141     not comply with the requirements, in addition to any other fee that the county recorder is
142     authorized to charge and collect, a fee that:]
143          [(i) is calculated to recover the additional cost of handling and recording noncomplying
144     documents; and]
145          [(ii) may not exceed $2 per page.]
146          (4) (a) To facilitate the abstracting of an instrument, a county recorder may require that
147     the applicable tax [serial] identification number of each parcel described in the instrument be
148     noted on the instrument before [it] the county recorder may [be accepted] accept the instrument
149     for recording.
150          (b) If a county recorder requires the applicable tax [serial] identification number to be
151     on an instrument before it may be recorded:
152          (i) the county recorder shall post a notice of that requirement in a conspicuous place at
153     the recorder's office;
154          (ii) the tax [serial] identification number may not be considered to be part of the legal
155     description and may be indicated on the margin of the instrument; and
156          (iii) an error in the tax [serial] identification number does not affect the validity of the
157     instrument or effectiveness of the recording.
158          (5) Subsections (2), (3), and (4) do not apply to:
159          (a) a map or plat;
160          (b) a certificate or affidavit of death that a government agency issues;
161          (c) a military discharge or other record that a branch of the United States military
162     service issues;
163          (d) a document regarding taxes that is issued by the Internal Revenue Service of the
164     United States Department of the Treasury;
165          (e) a document submitted for recording that has been filed with a court and conforms to
166     the formatting requirements established by the court; or
167          (f) a document submitted for recording that is in a form required by law.
168          (6) (a) As used in this Subsection (6):
169          (i) "Boundary action" has the same meaning as defined in Section 17-23-20.
170          (ii) "Local entity" has the same meaning as defined in Section 67-1a-6.5.
171          (b) A person may not submit to a county recorder for recording a plat depicting the
172     boundary of a local entity as the boundary exists as a result of a boundary action, unless:
173          (i) the plat has been approved under Section 17-23-20 by the county surveyor as a final
174     local entity plat, as defined in Section 17-23-20; and
175          (ii) the person also submits for recording:
176          (A) the original notice of an impending boundary action, as defined in Section
177     67-1a-6.5, for the boundary action for which the plat is submitted for recording;
178          (B) the original applicable certificate, as defined in Section 67-1a-6.5, issued by the
179     lieutenant governor under Section 67-1a-6.5 for the boundary action for which the plat is
180     submitted for recording; and
181          (C) each other document required by statute to be submitted for recording with the
182     notice of an impending boundary action and applicable certificate.
183          (c) Promptly after recording the documents described in Subsection (6)(b) relating to a
184     boundary action, but no later than 10 days after recording, the county recorder shall send a copy
185     of all those documents to the State Tax Commission.