An Act Concerning Fees for Users of County Registries of Deeds
Maine Legislature, Session 125, LD 1499
Committee: State and Local Government
Sponsors: COTTA, KATZ, BURNS, HANLEY, MALABY, MORISSETTE, SARTY, WEBSTER
Amends: 33 MRSA §751

Legislative Document 
No. 1499 
H.P. 1100 
House of Representatives, April 20, 2011 
An Act Concerning Fees for Users of County Registries of Deeds 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Received by the Clerk of the House on April 15, 2011.  Referred to the Committee on State 
and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative COTTA of China. 
Cosponsored by Senator KATZ of Kennebec and 
Representatives: BURNS of Alfred, HANLEY of Gardiner, MALABY of Hancock, 
MORISSETTE of Winslow, SARTY of Denmark, WEBSTER of Freeport. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the registry of deeds offices provide a valuable public service in recording 
and maintaining the land records of the State; and 
Whereas, current law allows the county commissioners to set fees for copying at 
only the cost of providing the copies; and 
Whereas, the cost to the counties to maintain the information and to make it 
accessible cannot be adequately reimbursed by fees defined by copying cost; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  33 MRSA §751, sub-§14, as amended by PL 2009, c. 575, §2, is further 
amended to read: 
14.  Abstracts and copies.  Making abstracts and copies from the records, a 
reasonable fee as determined by the county commissioners for each category of abstracts 
and copies, such as paper copies, attested copies, copies obtained online and bulk 
transfers of copies.  In setting a reasonable fee for each category of abstracts and copies, 
the commissioners shall consider the revenue needs of the county and factors relating to 
the cost of producing and making copies available, which may include, but are not limited 
to: the cost of depleted supplies; records storage media costs; actual mailing and 
alternative delivery costs or other transmitting costs; amortized infrastructure costs; any 
direct equipment operating and maintenance costs; costs associated with media 
processing time; personnel costs, including actual costs paid to private contractors for 
copying services; contract and contractor costs for database maintenance and for online 
provision and bulk transfer of copies in a manner that protects the security and integrity 
of registry documents; and a reasonable rate for the time a computer server is dedicated to 
fulfilling the request; and 
Sec. 2.  Retroactivity.  Notwithstanding the Maine Revised Statutes, Title 1, 
section 302, this Act applies to any appeal from the Superior Court to the Supreme 
Judicial Court filed on or after February 1, 2011 and applies retroactively to September 1, 
2009. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill allows county commissioners to consider the revenue needs of the county in 
establishing reasonable fees for copies and abstracts provided by the registry of deeds 
offices.