08 LC 28
3873/AP
House
Bill 1018 (AS PASSED HOUSE AND SENATE)
By:
Representatives Lane of the
167th
and Willard of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating
to superior court fees and construction of fee provisions, so as to provide for
additional filing fees for recording an instrument that requires cross-indexing
to other previously recorded documents; to provide for additional filing fees
for recording an instrument that cancels, satisfies, or releases certain liens;
to require that clerks perform certain functions with regard to lien
cancellations or requests for cross-indexing; to provide for recording by
electronic means; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees and
construction of other fee provisions, is amended by adding a new subsection to
read as follows:
"(o)
In addition to the fees required by this Code section:
(1)
When any instrument that is statutorily required to be cross-indexed, cancelled,
satisfied, or released or when a party requests the clerk to cross-index an
instrument that is not otherwise required by law to be cross-indexed to any
other previously recorded or affected document, the clerk of superior court
shall charge an additional fee of $2.00 for each additional cross-indexed
entry;
(2)
For recording any instrument that includes a request for cancellation,
satisfaction, or release of more than one instrument as described in division
(f)(1)(A)(i) of this Code section, the filing fee specified in division
(f)(1)(A)(i) of this Code section shall be charged for each such instrument
which is to be cancelled, satisfied, or released;
(3)
For recording any instrument that includes a request for cancellation,
satisfaction, or release of more than one instrument as described in division
(f)(1)(A)(ii) of this Code section, the filing fee specified in division
(f)(1)(A)(ii) of this Code section shall be charged for each such instrument
which is to be cancelled, satisfied, or released;
(4)
For any instrument that includes a request for the clerk to cross-index the
instrument to a previously recorded or affected instrument but for which
cross-indexing is not otherwise required by law, the clerk shall file, index,
record, and cross-index each such instrument for which a request has been made
upon receiving payment from the requesting party as specified by paragraph (1)
of this subsection and written information specifying accurately the instrument
to be cross-indexed;
(5)
With respect to any instrument that includes a request for cancellation,
satisfaction, or release of any instrument described in division (f)(1)(A)(i) or
(f)(l)(A)(ii) of this Code section, the clerk shall file, index, and record the
cancellation of each such instrument identified and requested to be cancelled
provided that the requesting party pays the filing fee specified by paragraph
(2) or (3) of this subsection, as applicable, and that such instrument
accurately identifies the recording information for such instrument to be
cancelled, satisfied, or released; and
(6)
For the purposes of this subsection and any other Code section requiring the
clerk of superior court to cross-index, cross-reference, or make any other
notation affecting any instrument filed in the clerk´s office, including,
but not limited to, real estate, personal property, liens, plats, and any other
instruments, the clerk shall be authorized to make such entry or notation
through electronic or automated means in lieu of entering such information
manually in paper books or dockets."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.