§ 8-21-1001 — Registers

(a) As used in this section: (1) "Document" means the entire writing offered for registration in the office of the register, which may contain one (1) or more instruments as defined herein; and (2) "Instrument" means a legal writing that gives formal expression to or evidence of a complete legal act or agreement requiring a separate index entry. For example, a document that contains a deed and a release of a deed of trust contains two (2) instruments, and a document that contains three (3) assignments contains three (3) instruments. (b) The registers of this state are entitled to demand and receive for their services in registering documents the following fees, and none other: (1) For military discharge .................... No Charge (2) For each plat, map or survey .................... $15.00 (3) For each document that may be registered, other than documents filed pursuant to the Uniform Commercial Code, compiled in title 47, chapters 1-9, and other than a military discharge, plat, map or survey, page size not to exceed 8½" x 14" .................... $10.00 (4) For each instrument in a document in excess of one (1) instrument .................... $5.00 (5) For each page in a document in excess of two (2) pages, not to exceed 8½" x 14" .................... $5.00 (6) For a certified copy of a plat, map or survey .................... $5.00 (7) For a certified copy of a document other than a plat, map or survey, page size not to exceed 8½" x 14", per page .................... $1.00 (c) Except for instruments filed under the Uniform Commercial Code, compiled in title 47, chapters 1-9, the register of each county is entitled to demand and receive for such register's services a fee of two dollars ($2.00) for each instrument recorded or filed in such register's office. (d) The fees collected pursuant to subsection (c) and the fees collected by the register as a result of the increase in fees for the filing or recording of Uniform Commercial Code documents from ten dollars ($10.00) to twelve dollars ($12.00) for each such fee charged pursuant to title 47, chapter 9, part 5, shall be allocated by such register's county for the purchase of computer equipment and software, upgrades to computer equipment and software, and supplies, maintenance and services relating to computer equipment and software, for use in the register's office; provided, that the expenditure of these additional fees shall not be earmarked in any county that on July 1, 1998, was authorized under prior law to charge an additional recording fee of one dollar ($1.00) or two dollars ($2.00) for each document filed or recorded in the register's office that was not earmarked for a particular purpose. (e) All private act provisions authorizing registration or recording fees to be charged by the county register in amounts additional to those authorized by general law are superseded. (f) The county register shall not be entitled to demand and receive any fees for notices of liens for overdue child or spousal support or releases of same entered into a computer system with a terminal in the county register's office by the department of human services pursuant to § 36-5-901(b)(3) . (g) (1) In addition to any other fee permitted in this section or by law, the register of any county having a population of not less than thirty-three thousand ten (33,010) nor more than thirty-three thousand five hundred (33,500), according to the 1990 federal census or any subsequent federal census, may demand and receive for such register's services a fee of two dollars ($2.00) for data processing for each document recorded in such register's office. Such fees shall be allocated by the county for the purchase of computer equipment, upgrades, imaging systems, supplies, and maintenance used in the operation of the register's office. (2) This subsection (g) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply. (h) (1) In any county having a population of not less than seventy-one thousand three hundred (71,300) nor more than seventy-one thousand four hundred (71,400), or in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census, the register shall waive and exempt all recording fees for official government documents filed on behalf of the county by county public officials in the course of their official duties. (2) Subdivision (h)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply. (i) (1) Notwithstanding any provision of this section or other law to the contrary, any revenue collected from data processing fees above an amount necessary to purchase computer equipment and software, upgrades to computer equipment and software, and supplies, maintenance and services relating to computer equipment and software by a register in any county having a population of: not less than nor more than 26,700............................... 26,800 31,300.............................. 31,400 69,400.............................. 69,500 182,000............................ 182,100 307,800........................... 307,900 according to the 2000 federal census or any subsequent federal census, may be utilized for other purposes directly related to the official function of such office. (2) Prior to any purchase relating to the official function of the register from revenue collected above an amount necessary for purchasing, upgrading, supplying and maintaining computer equipment and software by the register's office as provided in subdivision (i)(1), the register shall obtain the approval of the county legislative body for such purchase. (3) This subsection (i) shall only be effective in any county to which this subsection (i) applies upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of such county. (j) (1) In addition to any other fee permitted in this section or by law, the register of any county may demand and receive for such register's services a two-dollar electronic filing (efile) submission fee for each electronically filed document which is recorded over the internet through such register's county electronic filing portal. (2) The register shall waive and exempt all electronic filing submission fees authorized pursuant to subdivision (j)(1) for official government documents filed by local, state, or federal government entities of the United States in the course of their official government business. (3) This subsection (j) shall only be effective in any county to which this subsection (j) applies upon the adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of such county.

Legislative History

Acts 1871, ch. 41, § 1; 1875, ch. 142, § 4; 1877, ch. 23, § 6; 1877, ch. 83, § 5; 1879, ch. 65, § 1; 1883, ch. 253, §§ 3, 4; 1889, ch. 103, § 1; 1893, ch. 146, § 4; 1895, ch. 24, § 2; 1897, ch. 96, §§ 3, 4; 1899, ch. 184, §§ 1, 2; 1901, ch. 64, § 1; 1905, ch. 6, § 4; 1911, ch. 19, § 3; 1911, ch. 67, § 2; 1915, ch. 25, § 2; 1915, ch. 131, § 7; Shan., § 6427; mod. Code 1932, § 10722; Acts 1951, ch. 159, § 1; 1953, ch. 115, § 1; 1957, ch. 357, § 1; 1967, ch. 277, § 1; 1968, ch. 523, § 1 (17.02); 1968, ch. 572, § 1; 1971, ch. 125, § 1; 1974, ch. 578, §§ 1, 2; 1976, ch. 653, § 1; 1979, ch. 395, § 1; T.C.A. (orig. ed.), § 8-2138; Acts 1981, ch. 57, § 1; 1981, ch. 379, § 1; 1982, ch. 842, § 1; 1983, ch. 11, § 1; 1985, ch. 479, §§ 1-5; 1988, ch. 636, §§ 1-5, 20; 1992, ch. 672, §§ 1, 2; 1992, ch. 983, § 1; 1996, ch. 1010, § 1; 1997 , ch. 23, § 1; 1997 , ch. 152, § 1; 1997 , ch. 189, § 1; 1998, ch. 870, § 1; 1998, ch. 872, § 1; 1999, ch. 137, §§ 1, 2; 2000, ch. 846, §§ 24, 33, 34; 2003 , ch. 34, § 1; 2006, ch. 527, § 1; 2009 , ch. 150, § 1; 2009 , ch. 296, § 1; 2010 , ch. 722, § 1; 2010 , ch. 1053, § 1.