A. A "county clerk recording and filing fund" is established in each county.

B. Expenditures from the county clerk recording and filing fund shall be determined annually by the county clerk and approved by the board of county commissioners.

C. 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 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;

(3) for technical assistance or for training associated with all regular duties of the county clerk's office; or

(4) for staff travel associated with all regular duties of the county clerk's office pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].

History: 1978 Comp., § 14-8-12.2, enacted by Laws 1985, ch. 122, § 2; 1987, ch. 288, § 1; 1994, ch. 28, § 1; 1995, ch. 26, § 1; 2002, ch. 97, § 1; 2008, ch. 66, § 1; 2011, ch. 134, § 12; 2019, ch. 130, § 2.

The 2019 amendment, effective July 1, 2019, removed an allowed expenditure from the county clerk recording and filing fund; and in Subsection C, deleted Paragraph C(2) and redesignated former Paragraphs C(3) through C(5) as Paragraphs C(2) through C(4), respectively.

The 2011 amendment, effective July 1, 2011, eliminated the former list of recording fees and authorized payment of staff travel from the county clerk recording and filing fund.

The 2008 amendment, effective May 14, 2008, in Subsection C, deleted the former limitation on expenditures of the county clerk recording and filing fund and added Subsection E.

The 2002 amendment, effective May 15, 2002, in the last sentence of Subsection B, raised the maximum equipment recording fee and deleted an exception for class A counties.

The 1995 amendment, effective June 16, 1995, in the second sentence of Subsection C, inserted "rent" and "lease or lease-purchase" and added the language beginning "and for staff" at the end of the sentence.

The 1994 amendment, effective May 18, 1994, designated the previously undesignated language as Subsection A, added Subsections B to D and made minor stylistic changes.

The 1987 amendment, effective June 19, 1987, increased the fees from three dollars and one dollar to five dollars and two dollars respectively, and added "of the same instrument" at the end of the section.