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Press Releases

05/30/2016

Gov. Malloy Signs Executive Order No. 54

(HARTFORD, CT) - Governor Dannel P. Malloy today signed Executive Order No. 54 to complement Public Act 16-64, a bill he signed this afternoon. The Executive Order clarifies a phrase in the bill, specifically that a "reasonable fee" for any "recording for which the recording fee is not otherwise prescribed by law" shall be construed to mean no more than twenty dollars and that the officers shall receive reimbursement for mileage traveled.

The Governor signed HB 5526 (PA 16-64) - An Act Concerning the Payment of a Reasonable Fee to an Officer or Person Who Records a Document in the Office of a Town Clerk and Service of Process of a Wage Execution - this afternoon.

"State marshals and other professionals make a living collecting fees for serving and recording legal documents. I signed this clarifying Executive Order to clarify PA 16-64 in order to bring uniformity to the statutes and fee structures," Governor Malloy stated.

In 2009, and again in 2015, the Attorney General's office stated that state marshals cannot charge fees for recordings without the statutory authority for the fee, and PA 16-64 attempted to address this lack of statutory authority by permitting the payment of a "reasonable fee" for any recording that is not otherwise prescribed by law. Because PA 16-64 did not define "reasonable fee" or establish a process for determining the reasonableness of the fee, Governor Malloy signed this Executive Order so that a "reasonable fee" is to be construed as no more than $20 and that the officer or person making the recording shall be reimbursed for miles traveled at the rate set by the Department of Administrative Services. The amount of the "reasonable fee" and reimbursement for travel was determined based on the allowable fees for other, similar recording actions.

**Download: Governor Malloy's Executive Order No. 54

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