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Modification of Recording Fees

Concerning recording fees, and, in connection therewith, modifying fees collected by county clerk and recorders, delaying the electronic recording technology board's repeal and sunset review, and making an appropriation.
2024 Regular Session
Local Government
Bill Summary

The bill modifies the fees collected by county clerk and recorders to be a flat $40.00 fee instead of a fee per page, unless otherwise specified. The fees specified in current statute for the following services are repealed so that the fee for each service is the flat $40.00 fee:

  • Filing bonds and licenses;
  • Recording plats;
  • Entering subsequent taxes paid in tax sale record;
  • Entering certificate of redemption in tax sale record; and
  • Recording all certificates, affidavits, deeds, or other documents containing the name of one or more mining claims and for indexing these under the name of each mining claim.

The bill further clarifies that No fee is allowed for the filing or recording of a certificate of death, a verification of death document, or a certified copy thereof. and These documents are public records if recorded into the real estate records of a county clerk and recorder. The bill makes conforming amendments. The bill modifies existing practice regarding the redaction of the first 5 digits of an individual's social security number on a public document recorded with a county clerk and recorder. Under current law, redaction occurs upon request of the individual or the individual's representative. The bill changes this practice so that redaction is automatic unless the individual or individual's representative requests that the social security number remain unredacted.

The bill also delays the repeal and sunset review of the electronic recording technology board (board) by 3 years to 2029 so that it will take place 13 years after the board's creation in 2016. The deadlines for the board's annual and final reports are modified accordingly . The bill also extends filing surcharge fees collected by county clerk and recorders by 3 years to 2029.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)




Bill Text

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The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details