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AN ACT

RELATING TO COUNTY CLERK FEES; CHANGING FEES FOR RECORDING

INSTRUMENTS WITH THE COUNTY CLERK; AUTHORIZING EXPENDITURES

FROM THE COUNTY CLERK RECORDING AND FILING FUND; MAKING AN

APPROPRIATION; AMENDING AND REPEALING SECTIONS OF THE NMSA

1978.

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

may charge, in addition to any other fees authorized by law,

including the fee provided in Subsection A of this section, an

equipment recording fee. The equipment recording fee shall

not exceed four dollars ($4.00) for each instrument recorded.

C. 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. The equipment recording fee and expenditures

from the county clerk recording and filing fund shall be

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determined annually by the county clerk and approved by the

board of county commissioners.

E. 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."

Section 2. Section 14-8-12.3 NMSA 1978 (being Laws

1985, Chapter 122, Section 3, as amended) is amended to read:

"14-8-12.3. RECORDING FEE--ASSIGNMENTS OR RELEASES OF

INTEREST IN PROPERTY.--If an assignment or release assigns or

releases an interest in property by reference to more than one

grantor, grantee, deed, mortgage, lease or other instrument

that created the interest or an instrument that describes more

than one deed, mortgage, lease or other instrument as creating

the interests in property, there shall be an additional

recording fee of five dollars ($5.00) for each such

reference."

Section 3. REPEAL.--Section 14-8-12 NMSA 1978 (being

Laws 1939, Chapter 179, Section 2, as amended) is repealed.

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