7 LONG TITLE
8 General Description:
9 This bill amends provisions related to statutorily defined fees that a county recorder
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
20 ▸ modifies the list of documents that are exempt from certain recording requirements;
22 ▸ makes technical and conforming changes.
23 Money Appropriated in this Bill:
25 Other Special Clauses:
27 Utah Code Sections Affected:
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
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, [
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, [
41 more than [
48 claims, [
51 which contains more than [
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, [
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, [
67 (f) for recording a federal tax lien, [
67a lien, [
68 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
94 Ĥ→ [
94a enumerated in
95 this section.
96 Ĥ→ [
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 [
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
111 (c) contain a brief title, heading, or caption on the first page stating the nature of the
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
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
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).
146 (4) (a) To facilitate the abstracting of an instrument, a county recorder may require that
147 the applicable tax [
148 noted on the instrument before [
149 for recording.
150 (b) If a county recorder requires the applicable tax [
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 [
155 description and may be indicated on the margin of the instrument; and
156 (iii) an error in the tax [
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.