§ 18-3-402 — Duties generally

Wyoming § 18-3-402

• Jurisdiction: Wyoming
• Title 18: Counties
• Ch. 3: COUNTY OFFICERS
• Art. 4: COUNTY CLERKS

Text

(a) The county clerk shall:
(i) Act as clerk to the board of county commissioners
and as such shall:
(A) Attend all sessions of the board of county
commissioners either in person or by deputy;
(B) Keep the seal, records and papers of the
board of county commissioners;
(C) Keep a record of all proceedings of the
board;
(D) Make regular entries of all the board's
resolutions, orders and decisions in all questions coming before
it;
(E) Sign all orders issued by the board for the
payment of money and preserve and file all accounts acted upon
by the board with a memorandum of its action thereon;
(F) Perform other duties as required by the
board of county commissioners.
(ii) Keep a record of all licenses, except marriage
licenses, giving the names of the persons to whom such licenses
are issued with the date, amount and purpose for which the
license was issued;
(iii) Keep blank county warrants or blank orders
which shall be properly filled out before any warrants are
delivered. He shall not deliver any warrant until it is properly
signed by the chairman of the board of county commissioners,
countersigned by the county treasurer and attested by himself
with the county seal;
(iv) Keep a seal provided by the board of county
commissioners, the impression, ink stamp or digital equivalent
of which shall contain the words "The State of Wyoming, County
Clerk", together with the name of the county;
(v) Designate upon every account audited and allowed
the amount allowed and file such accounts as well as those not
allowed in separate accounts. He shall not sign or issue any
county warrants unless ordered by the board of county
commissioners. He shall number each warrant issued;
(vi) Have custody and keep all books, records, deeds,
maps, papers and copies thereof deposited or kept in his office
as required by law. All deeds, mortgages, and other instruments
in writing authorized by law to be recorded or filed in his
office and left in his office shall be:
(A) Recorded in distinct handwriting or by
typing, photostating, photographing, printing or other
reproduction, either in whole or in part, in suitable books; or
(B) Recorded on microfilm, microcards or other
permanent record retention medium. All reproduction processes
shall be instituted and used pursuant to W.S. 9-2-413. Maps may
either be recorded as herein provided or if the copying is
unlikely to provide a satisfactory record, the county clerk may
keep the originals or tracings thereof, undamaged and unfolded
and make prints available for public use.
(vii) Record any deed containing a metes and bounds
description which may be accompanied by a map prepared in
compliance with law and delineating the land described in the
deed. If a map delineating the land has been previously
recorded, the deed may make reference to the recorded map;
(viii) Require any person presenting a document for
recording which is legible but not sufficiently clear to produce
a readable copy to substitute a clear original or legible true
copy of the original document;
(ix) Keep in his office a general index, direct and
inverted, in which he shall make correct entries of every
instrument recorded or filed under appropriate headings,
entering the names of the grantors and grantees in alphabetical
order. He shall make correct entries in the index of every
instrument required by law to be entered therein. He shall
immediately note in the appropriate index whenever any mortgage,
bond or other instrument has been released or discharged from
record, whether by written release or by recording a deed of
release;
(x) Keep a record specifying the time of reception,
the names of the grantors, the names of the grantees, from whom
received, to whom delivered and the fees received:
(A) Whenever any instrument is received for
recording, immediately endorse upon the instrument his
certificate, noting the day, hour and minute of its reception,
the reference where recorded, the fees received for recording
and date of record;
(B) The date of record of all instruments
requiring recording or filing shall be the date of filing;
(C) Whenever any instrument has been filed the
county clerk shall immediately make an entry of the same, and
after the instrument requiring recording is recorded he shall
immediately deliver it to the person authorized to receive it;
(D) No county clerk shall perform any of these
duties unless any required fee has been paid.
(xi) Keep abstract records in which all transfers and
mortgages of real property and all liens upon real estate are
briefly entered. All instruments affecting real estate and left
for record or filed in the office shall be abstracted against
all lands described in the instrument either directly or by
reference to another properly recorded instrument as soon as
practicable in the order in which received:
(A) The county clerk shall enter in the abstract
all recorded transfers of real estate and all mortgages,
construction liens and judgment liens;
(B) All abstract entries of land shall describe
the legal division of land or subdivision, naming section,
township and range according to the United States surveys when
the same is described in the instrument filed for record. The
abstract entries shall include:
(I) The name of the grantor or grantee;
(II) The name of the mortgagor or mortgagee
or the parties thereto;
(III) The character of the instrument;
(IV) The consideration stated in the
instrument;
(V) The date of the instrument;
(VI) The date of filing in the clerk's
office;
(VII) The description of the premises;
(VIII) Repealed by Laws 2019, ch. 3, § 2.
(C) All abstract entries of town lots shall be
made in a similar manner to those of lands and shall reference
the number of the lot and block.
(xii) File or file and record every notice, abstract
or statement of any lien or claim or release or discharge
thereof in favor of the United States or any department or
bureau thereof as provided by the laws of the United States when
any such instrument has been prepared in conformity to the laws
of the United States and is presented for filing or filing and
recording:
(A) The county clerk shall number such notices,
abstracts or statements in the order in which they are filed and
if they are required to be recorded he shall record them in
accordance with subparagraph (xi)(B) of this subsection, with
the character of the instrument being called "federal lien";
(B) No fee shall be charged for the performance
of these services and the failure to file, record or index
properly the notice, abstract or statement shall not affect the
validity or legality of any such lien, claim, release or
discharge.
(xiii) Accept and use as official records, when
furnished to him without charge, records containing printed
forms of water right contracts, forms for subscription to the
stock of corporations or associations whereby water rights are
acquired and forms of deeds of water rights from all
corporations and water user associations organized for
constructing, maintaining or operating ditches, reservoirs or
other water works for irrigation, mining, milling or power
purposes;
(xiv) Issue certificates under the seal of the county
relating to the selection or relinquishment of state or school
lands required by the state board of land commissioners without
requiring the payment of fees:
(A) At the request of the state board of land
commissioners the county clerk shall record and abstract all
contracts between the United States and the state of Wyoming.
All deeds, relinquishments or assignments executed by the
authority of the state board of land commissioners shall be
executed under his seal without requiring the payment of fees.
(xv) Endorse a certificate upon every bond or
evidence of debt issued pursuant to law that the same is within
the lawful debt limit of the county and is issued according to
law. Such certificates shall be signed in his official
character;
(xvi) Collect and remit to the county treasurer the
following fees:
(A) Recording charges for any instrument-first
page ...............................$12.00
Each additional page ..................$3.00
(B) Abstract of personal property (per year)
................................................$1.00
(C) Acknowledgments ..................$2.00
(D) Bond oath and notary public commission-first
page ...............................$12.00
Each additional page ..................$3.00
(E) Military discharge and separation papers
(first recording) .........................No Charge
(F) Marriage license ................$30.00
(G) Marriage license certified copy ..$5.00
(H) Repealed by Laws 2002, Ch. 96, § 2.
(J) Certification ....................$5.00
(K) State tax liens .................$20.00
(L) Release of state tax
liens................................INCLUDED IN FILING FEE
(M) Additional recording charge for any
instrument with more than five (5) grantors or grantees of a
different surname or more than five (5) claim names-each
additional name ......................................$1.00
(N) Additional recording charge for each section
(including quarter and quarter-quarter, if applicable), block,
lot or tract-description in excess of ten (10)
.............................................$1.00
(O) Plats filed (including cemeteries and
amended plats) ......................................$75.00
(P) Liens filed pursuant to Title 29-first page
................................................$12.00
Each additional page ..................$3.00
(Q) Filing charge for each corner record or
certificate ..........................................$5.00
(R) Recording charge for any instrument
containing more than two (2) real estate descriptions by book
and page only-each additional description .......$2.00
(S) Liens filed upon real property pursuant to
W.S. 20-6-106(y) .................................$12.00
Each additional page ..................$3.00
Additional recording charge for each additional collateral
description ....................$1.00
(T) For filing and indexing an original
financing and termination statement .................$20.00
For each additional certificate of title upon which the lien is
note for perfection ...........$1.00
(U) For statements of amendment, continuation or
assignment............................$5.00
(W) For lien search and certification of filings
of record and affixing the seal .............$20.00
(Y) Repealed By Laws 2010, Ch. 69, § 204.
(xvii) Permit any person authorized by the board of
county commissioners of any new county or of any bonded abstract
company, and at the expense of the new county or abstract
company, to examine the records of all deeds, mortgages, maps
and other instruments which affect any property located within
the boundaries of the new county, and to transcribe, photograph
or reproduce the same:
(A) The county clerk shall compare the
transcribed, photographed or reproduced instruments in his
office and shall certify to the county clerk of the new county
or the abstract company that they are true and correct copies of
the originals. The county clerk certifying the instruments shall
not receive any additional payment for time spent in comparing
and certifying the instruments. All expenses shall be paid by
the new county;
(B) The county clerk of the new county or the
bonded abstract company shall index and abstract all
transcribed, photographed or reproduced instruments in
accordance with paragraphs (vi) through (xii) of this subsection
which shall be received in evidence and have the same effect as
if they had been originally filed in the new county.
(xviii) Deliver upon the written demand of the county
clerk of any new county all records containing abstracts of
lands in townships lying wholly within the boundaries of the new
county and all records containing abstracts of townsites and
town lots lying wholly within the boundaries of the new county
together with the plats of the townsites or town lots. When the
county clerk of the new county has received the records and
abstracts they shall become a part of the records of the new
county and no further abstracts of the instruments are required;
(xix) Repealed By Laws 2010, Ch. 34, § 2.
(xx) Deliver to his successor in office all books,
records, papers and other items belonging to his office;
(xxi) Remit all monies coming into his office to the
county treasurer;
(xxii) Perform other duties as prescribed by law, as
county clerk and register of deeds;
(xxiii) Perform all duties or general accounting
required to implement the Uniform Municipal Fiscal Procedures
Act;
(xxiv) File maps as defined in W.S. 33-29-801. The
county clerk shall charge a fee of fifty dollars ($50.00) for
filing the maps;
(xxv) If the county clerk accepts electronic
recordings of deeds, mortgages, conveyances, patents,
certificates, instruments and other like documents, establish
procedures to govern the electronic recordings consistent with
rules promulgated by the department of enterprise technology
services pursuant to W.S. 34-1-405;
(xxvi) Report all conveyances, as defined by W.S. 19-
13-501(a)(i), to the director of the office of homeland security
and the division of criminal investigation in accordance with
W.S. 19-13-501 and 19-13-502.
(b) No individual, corporation or governmental entity is
exempt from payment of fees in advance.
(c) A county clerk may charge a reasonable fee for a copy
or a reproduction of a public record, but the fee shall not
exceed the actual cost of duplication of the record. As used in
this subsection, "actual cost of duplication" means the cost of
materials and supplies used to duplicate or reproduce the
record, but shall not include the cost of labor or the overhead
associated with the duplication.
(d) Each county clerk shall, after receiving a proposed
budget for a special district or other specified entity under
W.S. 9-1-507(a)(viii), ensure that the proposed budget is
forwarded to the board of county commissioners and county
assessor.