Document recording fee admin

AN ACT Relating to administrative costs associated with the 1
document recording fee; and amending RCW 36.22.250.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 36.22.250 and 2023 c 277 s 1 are each amended to 4
read as follows: 5
(1) A surcharge of $183 per instrument shall be charged by the 6
county auditor for each document recorded, which will be in addition 7
to any other charge authorized by law. The following are exempt from 8
this surcharge: 9
(a) Assignments or substitutions of previously recorded deeds of 10
trust; 11
(b) Documents recording a birth, marriage, divorce, or death;12
(c) Any recorded documents otherwise exempted from a recording 13
fee or additional surcharges under state law; 14
(d) Marriage licenses issued by the county auditor; and15
(e) Documents recording a federal, state, county, city, or water-16
sewer district, or wage lien or satisfaction of lien.17
(2) Funds collected pursuant to this section must be distributed 18
and used as follows: 19
(a) One percent of the total funds collected shall be retained by 20
the county auditor for its fee collection activities;21
H-0487.1
HOUSE BILL 1260
State of Washington 69th Legislature 2025 Regular Session
By Representatives Schmidt, Ormsby, and Hill
Read first time 01/14/25. Referred to Committee on Appropriations.
p. 1 HB 1260
(b) 30 percent of the total funds collected shall be retained by 1
the county and used by the county as provided in subsection (3) of 2
this section; 3
(c) 54.1 percent of the total funds collected shall be 4
transmitted to the state treasurer to be deposited in the home 5
security fund account created in RCW 43.185C.060 and shall be used by 6
the department of commerce as provided in subsection (4) of this 7
section; 8
(d) 13.1 percent of the total funds collected shall be 9
transmitted to the state treasurer to be deposited in the affordable 10
housing for all account created in RCW 43.185C.190 and shall be used 11
by the department of commerce as provided in subsection (5) of this 12
section; 13
(e) 1.8 percent of the total funds collected shall be transmitted 14
to the state treasurer to be deposited in the landlord mitigation 15
program account created in RCW 43.31.615 and shall be used by the 16
department of commerce as provided in subsection (6) of this section.17
(3) The county shall use their portion of the collected funds as 18
follows: 19
(a) Up to 10 percent for the county's administration and local 20
distribution of the funds collected from the surcharge in this 21
section, and administrative costs related to the county's homeless 22
housing plan . If cities are entitled to a portion of the surcharge, 23
then the amount available for county administrative costs shall be 24
limited to 10 percent of that amount the county will retain after 25
completing the required city distributions; 26
(b) ((At)) If no city in the county has elected under RCW 27
43.185C.080 to operate its own local homeless housing program, then 28
at least 75 percent will be retained and used by the county to 29
accomplish the purposes of its local homeless housing plan pursuant 30
to chapter 484, Laws of 2005. ((For each )) Each city in the county 31
that elects as authorized in RCW 43.185C.080 to operate its own local 32
homeless housing program ((, a percentage of the surcharge assessed 33
under this subsection)) is entitled to a share of that portion of the 34
surcharge identified in subsection (2)(b) of this section less the 15 35
percent thereof that the county is required to use for extremely low 36
and very low-income households pursuant to (c) of this subsection. 37
Each city's share thereof must be equal to the percentage of the 38
city's local portion of the real estate excise tax collected by the 39
county, and shall be transmitted at least quarterly to the city 40
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treasurer, without any deduction for county administrative costs, for 1
use by the city for program costs which directly contribute to the 2
goals of the city's local homeless housing plan ((; of)). Of the funds 3
received by the city, it may use up to 10 percent for administrative 4
costs for its homeless housing program; 5
(c) At least 15 percent will be retained and used by the county 6
for eligible housing activities, as described in this subsection, 7
that serve extremely low and very low-income households in the county 8
and the cities within a county according to an interlocal agreement 9
between the county and the cities within the county consistent with 10
countywide and local housing needs and policies. A priority must be 11
given to eligible housing activities that serve extremely low-income 12
households with incomes at or below 30 percent of the area median 13
income. Eligible housing activities to be funded are limited to:14
(i) Acquisition, construction, or rehabilitation of housing 15
projects or units within housing projects that are affordable to very 16
low-income households with incomes at or below 50 percent of the area 17
median income, including units for homeownership, rental units, 18
seasonal and permanent farmworker housing units, units reserved for 19
victims of human trafficking and their families, and single room 20
occupancy units; 21
(ii) Supporting building operation and maintenance costs of 22
housing projects or units within housing projects eligible to receive 23
housing trust funds, that are affordable to very low-income 24
households with incomes at or below 50 percent of the area median 25
income, and that require a supplement to rent income to cover ongoing 26
operating expenses; 27
(iii) Rental assistance vouchers for housing units that are 28
affordable to very low-income households with incomes at or below 50 29
percent of the area median income, including rental housing vouchers 30
for victims of human trafficking and their families, to be 31
administered by a local public housing authority or other local 32
organization that has an existing rental assistance voucher program, 33
consistent with or similar to the United States department of housing 34
and urban development's section 8 rental assistance voucher program 35
standards; and 36
(iv) Operating costs for emergency shelters and licensed 37
overnight youth shelters. 38
(4) The department of commerce shall use the funds from the 39
document recording fee or other fund sources deposited in the home 40
p. 3 HB 1260
security fund account as follows, except that the department of 1
commerce shall provide counties with the right of first refusal to 2
receive grant funds distributed under (b) of this subsection (4). If 3
a county refuses the funds or does not respond within a time frame 4
established by the department, the department shall make good faith 5
efforts to identify one or more suitable alternative grantees 6
operating within that county. The alternative grantee shall 7
distribute the funds in a manner that is in compliance with this 8
chapter. Funding provided through the office of homeless youth 9
prevention and protection programs created in RCW 43.330.705 is 10
exempt from the county first refusal requirement. 11
(a) Up to 10 percent for administration of the programs 12
established in chapter 43.185C RCW and in conformance with this 13
subsection (4), including the costs of creating and implementing 14
strategic plans, collecting and evaluating data, measuring and 15
reporting performance, providing technical assistance to local 16
governments, providing training to entities delivering services, and 17
developing and maintaining stakeholder relationships;18
(b) At least 90 percent for homelessness assistance grant 19
programs administered by the department, including but not limited 20
to: Temporary rental assistance; eviction prevention rental 21
assistance per RCW 43.185C.185; emergency shelter and transitional 22
housing operations and maintenance; outreach; diversion; HOPE and 23
crisis residential centers; young adult housing; homeless services 24
and case management for adult, family, youth, and young adult 25
homeless populations and those at risk of homelessness; project-based 26
vouchers for nonprofit housing providers or public housing 27
authorities; tenant-based rent assistance; housing services; rapid 28
rehousing; emergency housing; acquisition; operations; maintenance; 29
and service costs for permanent supportive housing as defined in RCW 30
36.70A.030 for individuals with disabilities. Grantees may also use 31
these funds in partnership with permanent supportive housing programs 32
administered by the office of apple health and homes created in RCW 33
43.330.181. Priority for use must be given to purposes intended to 34
house persons who are chronically homeless or to maintain housing for 35
individuals with disabilities and prior experiences of homelessness, 36
including families with children. 37
(5) The department of commerce shall use the funds from the 38
document recording fee or other fund sources deposited in the 39
affordable housing for all account as follows: 40
p. 4 HB 1260
(a) Up to 10 percent for program administration and technical 1
assistance necessary for the delivery programs and activities under 2
this subsection (5); 3
(b) At least 90 percent for the following: 4
(i) Grants for building operation and maintenance costs of 5
housing projects, or units within housing projects, that are in the 6
state's housing trust fund portfolio, are affordable to extremely 7
low-income households with incomes at or below 30 percent of the area 8
median income, and require a supplement to rent income to cover 9
ongoing operating expenses; 10
(ii) Grants to support the building operations, maintenance, and 11
supportive service costs for permanent supportive housing projects, 12
or units within housing projects, that have received or will receive 13
funding from the housing trust fund or other public capital funding 14
programs. The supported projects or units must be dedicated as 15
permanent supportive housing as defined in RCW 36.70A.030, be 16
occupied by extremely low-income households with incomes at or below 17
30 percent of the area median income, and require a supplement to 18
rent income to cover ongoing property operations, maintenance, and 19
supportive services expenses. 20
(6) The department of commerce shall use the funds from the 21
document recording fee or other fund sources deposited in the 22
landlord mitigation program account to administer the landlord 23
mitigation program as established in RCW 43.31.605. The department of 24
commerce may use up to 10 percent of these funds for program 25
administration and the development and maintenance of a database 26
necessary to administer the program. 27
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