County Clerks — Specific Fees Authorized

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  6. County Clerks — Specific Fees Authorized

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In addition to any other fees for services established by law, county clerks are entitled to demand and receive for the following services the fees attached:

  1. For issuance of marriage license  $10.00
  2. [Deleted by 2016 amendment.]
  3. For transfer of business license from one location to another  5.00
  4. For certifying a notary public's election to the secretary of state pursuant to § 8-16-106  7.00
  5. For receiving and forwarding notice of notary public name change or change of address pursuant to § 8-16-109  5.00
  6. For taking and recording official bonds and revenue bonds  2.00
  7. For receiving and paying over state and county revenue, on the amount collected and paid over  5%
  8. For ex officio services, the legislative body may make an allowance not exceeding  50.00
  9. For attending to prosecution for penalties under the inspection laws, on sums collected and paid into the state treasury  10%
  10. For services in the recovery of penalties prescribed against breach of revenue laws in relation to licenses  double fees
  11. For certifying a copy of a document or taking an acknowledgment or affixing seal  5.00
  12. For making copies, per page  0.50
    1. For handling refunds of amounts overpaid  up to 2.00
    2. A county clerk shall adopt a policy establishing a procedure to be followed if the county clerk receives payments of taxes or fees in excess of the required amount, and that policy shall include one or more of the following:
      1. Contacting the person or entity tendering the payment for specific instructions regarding the excess amount;
      2. Allowing the county clerk's office to retain reasonable overage amounts as fees of the office; or
      3. Providing a refund of the excess moneys, less a reasonable amount of the excess payment retained as fees of the office;
  14. For issuance of permits and licenses for which fees are not otherwise provided  5.00
  15. For filing documents for which fee is not otherwise provided  5.00
  16. For county clerks performing services as clerk of a court, the fees prescribed in part 4 of this chapter.

Code 1858, §§ 683, 685, 4562 (deriv. Acts 1847-1848, ch. 161, § 13); Acts 1859-1860, ch. 77, § 1; 1870-1871, ch. 65, § 24; 1875, ch. 92, § 5; 1883, ch. 152, § 2; 1891, ch. 1, § 39; 1891, ch. 148, § 1; 1899, ch. 371, § 7; 1901, ch. 64, § 11; 1901, ch. 78, §§ 12, 13; 1903, ch. 163, § 1; 1905, ch. 6, § 4; 1905, ch. 76, §§ 11, 12; 1905, ch. 255, § 5; 1907, ch. 602, §§ 28, 62; 1909, ch. 185, § 16; 1915, ch. 38, § 4; 1915, ch. 85, § 11; 1915, ch. 101, § 8; 1915, ch. 152, § 13; 1917, ch. 62, § 12; 1917, ch. 73, §§ 2, 3, 57; Shan., § 6400; mod. Code 1932, § 10704; Acts 1951, ch. 166, § 1; 1953, ch. 20, § 1; modified; impl. am. Acts 1957, ch. 59, § 1; Acts 1963, ch. 145, § 2; 1971, ch. 387, § 24; 1972, ch. 850, § 19; impl. am. Acts 1976, ch. 593, § 23; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 8-2126; Acts 1982, ch. 728, § 1; 1986, ch. 614, § 3; 1989, ch. 16, § 2; 2008, ch. 924, § 1; 2016, ch. 850, § 1.

Amendments. The 2016 amendment deleted (2), which read: “(A) For collecting and recording amounts from the business tax, per return  . . . . . 7.00.“(B) Of the amount collected, two dollars ($2.00) shall be earmarked for computer hardware purchases or replacement, but may be used for other usual and necessary computer related expenses at the discretion of the county clerk. The amount shall be preserved for these purposes and shall not revert to the general fund at the end of a budget year if unexpended;”.

Effective Dates. Acts 2016, ch. 850, § 2. April 19, 2016.

Cross-References. Actions on license bonds, fees, §67-4-112.

County clerk's fee for charter-related services, §7-81-108.

Expiration or renewal of licenses for real estate broker or salesman, §62-13-307.

General contractor, recording license, §62-6-111.

Marks and brands, fee for recording, §44-7-109.

Penalty for misdemeanors, §§39-11-114,40-35-111.

Registration of pedigreed jacks or bulls, clerk's fee, §44-7-301.

Settlement of accounts of executor or administrator, additional allowance to clerk on confirmation, §30-2-611.

Tobacco sales, fee for attending prosecution for penalty, §43-19-112.

Transfer of privilege license, §67-4-107.

Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Clerks of Court, § 9.

Law Reviews.

The Tennessee Court System — The County Court, 8 Mem. St. U.L. Rev. 419 (1978).


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