SENATE BILL 244

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Gerald P. Ortiz y Pino

AN ACT

RELATING TO AFFORDABLE HOUSING; AUTHORIZING COUNTIES TO COLLECT A FEE FOR AFFORDABLE HOUSING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 14-8-12.2 NMSA 1978 (being Laws 1985, Chapter 122, Section 2, as amended) is amended to read:

     "14-8-12.2. RECORDING FEES.--

          A. For each instrument recorded, the county clerk shall charge a recording fee of five dollars ($5.00) for the first page and two dollars ($2.00) for each additional page or portion thereof of the same instrument.

          B. For each instrument recorded, the county clerk shall charge, in addition to the recording fee described in Subsection A of this section, a flat fee of thirty dollars ($30.00). Of this flat fee:

                (1) five dollars ($5.00) shall be placed in the county general fund; and

                (2) twenty-five dollars ($25.00) shall be remitted to the department of finance administration, which in turn shall remit such fees collected to the state housing authority to deposit in the New Mexico housing trust fund for affordable housing.

          [B.] C. For each instrument recorded, the county clerk may charge, in addition to any other fees authorized by law, including the [fee] fees provided in [Subsection] Subsections A and B of this section, an equipment recording fee. The equipment recording fee shall not exceed four dollars ($4.00) for each instrument recorded.

          [C.] D. Amounts collected from the equipment recording fee shall be deposited into a county clerk recording and filing fund, which shall be established by the county.

          [D.] E. The equipment recording fee and expenditures from the county clerk recording and filing fund shall be determined annually by the county clerk and approved by the board of county commissioners.

          [E.] F. Expenditures from the county clerk recording and filing fund may be expended only:

                (1) to rent, purchase, lease or lease-purchase recording equipment and for supplies, training and maintenance for such equipment;

                (2) to rent, purchase, lease or lease-purchase equipment associated with all regular duties in the county clerk's office and for supplies, training and maintenance for such equipment;

                (3) to rent, purchase, lease or lease-purchase vehicles associated with all regular duties in the county clerk's office and for supplies, training and maintenance for such vehicles, provided that the county clerk shall report annually to the board of county commissioners the usage, mileage and necessity of any vehicle acquired pursuant to this paragraph; or

                (4) for technical assistance, staff travel and training associated with all regular duties of the county clerk's office pursuant to the Per Diem and Mileage Act."

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