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S.B. 256
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OPTIONAL COUNTY AFFORDABLE HOUSING
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FUNDS ACT
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Karen Hale
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AN ACT RELATING TO COUNTIES; AUTHORIZING COUNTIES TO INCREASE
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RECORDER FEES TO FUND AFFORDABLE HOUSING PROGRAMS OR PROJECTS; AND
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MAKING TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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21-2-3, as last amended by Chapter 79, Laws of Utah 1996
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ENACTS:
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17-15-28, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
17-15-28
is enacted to read:
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17-15-28. Increase of recorder fees -- Use of funds for affordable housing.
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(1) For purposes of this section, "affordable housing" has the same meaning as provided
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in Section
11-38-102
.
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(2) (a) Subject to Subsection (2)(b), a county legislative body may increase the fees
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charged under Section
21-2-3
by a county recorder for recording deeds, mortgages, and trust deeds.
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(b) No increase under Subsection (2)(a) may result in a total fee for recording deeds,
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mortgages, or trust deeds that is more than twice the amount of the fee in effect on May 1, 2000.
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(3) Funds raised from an increase under Subsection (2) shall be dedicated to fund
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affordable housing in the county.
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Section 2.
Section
21-2-3
is amended to read:
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21-2-3. Fees of county recorder.
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(1) [The] Subject to Section
17-15-28
, the county recorder shall receive the following fees:
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(a) for receiving, entering, and filing any instrument, paper, or notice, not otherwise
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provided for, other than bonds of public officers, $10;
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(b) for recording any instrument, paper, or notice, including those provided for under Title
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70A, Uniform Commercial Code, other than bonds of public officers, and not otherwise provided
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for, $10 for the first page, if the page is not larger than 8 1/2 inches x 14 inches in size, and $2 for
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each additional page, and if any instrument, paper, or notice contains more than one description,
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$1 for each additional description;
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(c) for recording any instrument in which a right-of-way is described, which is connected
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with or is appurtenant to any tract of land described in the instrument, $1, but if the instrument
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contains a description of more than one right-of-way, $1 for each additional right-of-way, and if
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any instrument contains more than two names for either first or second party, or plaintiffs or
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defendants, for each additional name, $1;
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(d) for recording, indexing, and abstracting mining location notices, and recording,
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indexing, and abstracting affidavits of labor affecting mining claims, $10 for the first page if that
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page is not larger than 8 1/2 inches by 14 inches in size, and $2 for each additional page; and
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(e) for a location notice, affidavit, or proof of labor which contains names of more than
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two signers, $1 for each additional name, and for an affidavit or proof of labor which contains
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more than one mining claim, $1 for each additional mining claim.
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(2) (a) Each county recorder shall record the mining rules of the several mining districts
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in each county without fee.
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(b) Certified copies of these records shall be received in all tribunals and before all officers
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of this state as prima facie evidence of the rules.
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(3) The county recorder shall receive the following fees:
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(a) for copies of any record or paper, a reasonable fee determined and set by the county
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legislative body;
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(b) for each certificate under seal, $2;
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(c) for recording any plat of a subdivision into lots and blocks, $1 for each lot, and $30 for
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each sheet;
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(d) for recording any other plat or map, $30 for each sheet and $1 for each lot or unit
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designation;
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(e) for taking and certifying acknowledgments, including seal, $5 for one name and $2 for
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each additional name;
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(f) for recording any license issued by the Division of Occupational and Professional
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Licensing, $10;
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(g) for filing of federal tax lien, $10, and for the discharge of the lien, $10;
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(h) for copies of microfilm, a charge per lineal foot as fixed by the county governing body,
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not to exceed the cost of reproduction of the film plus 10%; and
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(i) for all services not enumerated in this section, a reasonable compensation.
Legislative Review Note
as of 2-11-00 1:39 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.