March 20, 2019

SB 15-079: Increasing County Clerk Document Recording Surcharge

On January 14, 2015, Sen. Jessie Ulibarri introduced SB 15-079 – Concerning Modifications to the Document Recording Fee Imposed by Counties for the Purpose of Financing a Statewide Affordable Housing Investment FundThis summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Section 1 of the bill raises to $2 the surcharge to be imposed by each county clerk and recorder (clerk) for each document received for recording or filing in his or her office on or after July 1, 2015. The surcharge is in addition to any other fees permitted by statute. Out of each $2 collected, the bill requires the clerk to retain one dollar to be used to defray the costs of an electronic or core filing system in accordance with existing law. The bill requires the clerk to transmit the other dollar collected to the state treasurer, who is to credit the same to the statewide affordable housing investment fund (fund). Section 2 of the bill creates the fund in the Colorado housing and finance authority (authority). The bill specifies the source of moneys to be deposited into the fund and that the authority is to administer the fund. Moneys in the fund are to be expended by the authority for the development and preservation of affordable housing on a statewide basis. Section 2 of the bill also requires the authority to submit a report, no later than June 1 of each year, specifying the use of the fund during the prior calendar year to the governor and to the senate and house finance committees.

The bill was assigned to the Senate State, Veterans, & Military Affairs Committee.

HB 14-1073: Amending Many Statutory Provisions Related to Recording Legal Documents

On January 8, 2014, Rep. Dan Pabon introduced HB 14-1073 – Concerning the Recording of Legal Documents. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill makes the following modifications to various statutory provisions involving the recording of deeds or other legal documents:

  • Current statutory provisions governing the issuance of bonds by a school district provide that the bonds are required to be registered by a county clerk and recorder (clerk). The bill eliminates the existing fee of $25 charged for the registration and specifies that the amount of the fee is the amount required to be paid under general provisions authorizing a clerk to impose a fee for filing or recording.
  • In connection with the Colorado Open Records Act, the bill removes from the group of records that may only be inspected by a person in interest records of an application for a marriage or a civil union license.
  • Existing statutory provisions providing the right of inspection of abstract books and related papers give abstractors, title insurance personnel, and others the opportunity to subscribe on an annual basis for a daily copy in bulk of all documents recorded and filed. The bill eliminates the ability to subscribe on an annual basis.
  • The bill specifies when a document is deemed to be received, accepted, or recorded. With respect to recorded documents, the bill requires the clerk to keep record of any reception number, volume, film, or page that is unused, and to immediately make entry into the clerk’s index. Finally, this section of the bill generally obligates the clerk to record any document by the end of business on the next business day and to keep record of the name of the recipient of the delivery of a recorded document.
  • The bill modifies existing statutory provisions governing the process of filing with the clerk an order dissolving a special district. In such circumstances, where there are no remaining funds of the district, this section of the bill permits the division of local government to claim an existing statutory exemption from payment of recording fees at the time the document is offered for recording.
  • The bill establishes that a verification of death document may be filed with the clerk as an alternative to a death certificate in connection with legal proceedings adjudicating an interest in real property of a person who is deceased.
  • Current statutory provisions provide grounds under which the clerk is not required to return the original release of a deed of trust. The bill also permits the clerk to retain the original release where it is electronically recorded. Under current law, a documentary fee is charged upon the conveyance of real property and the clerk is required to establish payment of the fee by imprinting evidence of payment on each document to which the fee applies. The bill alternately permits the clerk to establish payment of the fee in the recording annotation.
  • Under current law, a documentary fee is charged upon the conveyance of real property and the clerk is required to establish payment of the fee by imprinting evidence of payment on each document to which the fee applies. The bill of the bill alternately permits the clerk to establish payment of the fee in the recording annotation.

The bill passed second reading in the House on Friday, Feb. 7.

Since this summary, the bill passed 3rd Reading in the House. It was introduced in the Senate and assigned to the Judiciary Committee.

HB 11-1313: Extending the One-Dollar Surcharge Collected by Each Clerk and Recorder for Documents Received for Recording or Filing

On April 28, 2011, Rep. Tom Massey, R-Buena Vista, and Sen. Cheri Jahn, D-Arvada, introduced HB 11-1313 – Concerning the extension beyond June 30, 2012, of the one-dollar surcharge collected by each county clerk and recorder for each document received for recording or filing. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill extends to June 30, 2017, the $1 surcharge collected by each county clerk and recorder for each document received by the clerk and recorder for recording or filing. Assigned to the State, Veterans, & Military Affairs Committee; the bill is scheduled for committee review on Wednesday, May 4 at 1:30 p.m.

Since this summary, the bill passed its Third Reading in the House, was introduced in the Senate, and was assigned to the Local Government Committee.

Summaries of other featured bills can be found here.

Legislation: County Clerk and Recorder Fees to Increase in July

The cost of filing documents with county clerk and recorder offices statewide will increase on July 1. Governor Bill Ritter signed into law HB 10-1007, authorizing a filing fee of $10 for the first page and $5 for each additional page.

(image source: Kevin via Flickr)