HB1084 Separates the offices of recorder of deeds and circuit clerk where combined.
Sponsor: Graham, Chuck (24) Effective Date:00/00/0000
CoSponsor: Schilling, Mike (136) LR Number: 2732L.01I
Last Action: COMMITTEE: GOVERNMENTAL ORGANIZATION AND REVIEW
01/31/2000 - Reported Do Pass (H)
HB1084
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
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Available Bill Summaries for HB1084 Copyright(c)
* Committee * Introduced

Available Bill Text for HB1084
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BILL SUMMARIES

COMMITTEE

HB 1084 -- RECORDERS OF DEEDS

CO-SPONSORS:  Graham (24), Schilling

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Governmental Organization and Review by a vote of 9 to 2.

This bill makes several changes to the laws relating to county
recorders of deeds, including establishing that all counties use
the same procedure for the election of recorders of deeds
beginning in the year 2002.  In counties where the offices of
circuit clerk and recorder of deeds are combined, the
combination will be terminated as of December 31, 2002, and the
offices will be filled separately.  In counties where the clerks
of the circuit court are ex officio recorders prior to January
1, 2003, the person holding that office will deliver all funds,
records, materials, and other belongings related to the duties
of the recorder of deeds to the elected recorder of deeds taking
office on January 1, 2003.

Current law requires elected clerks and recorders to enter into
bond to the state.  This bill relieves clerks from that
obligation.  The recorder of deeds will no longer take and
certify the relinquishments of dower of married women.  The bill
requires every recorder of deeds to be liable on his or her bond
for all fees collected and not accounted for and paid into the
county treasury.

The bill also requires that beginning January 1, 2003, an
additional $10 fee be collected with instruments to be
recorded.  The fee will be distributed as follows:

(1)  Three dollars to the Recorder's Fund;

(2)  Five dollars to county General Revenue Fund;

(3)  One dollar to the Housing Trust Fund; and

(4)  One dollar to the Statutory County Recorder's Fund, which
is created in the state treasury by the bill.

The State Treasurer will make disbursements to qualifying
counties to subsidize fees collected by third classification
counties.  The unexpended balance at the end of 2 years will
remain in the fund, and any amount over $100,000 will be
refunded equally to the general revenue fund of every
contributing county.

FISCAL NOTE:  Net Income to Missouri Housing Trust Fund of $0 in
FY 2001, $0 in FY 2002, and $650,000 in FY 2003.  Estimated Net
Effect to Statutory County Recorder's Fund of $0 in FY 2001, $0
in FY 2002, and Unknown in FY 2003.  Subsidies would be given to
third class counties that did not collect $65,000 through their
$3 and $5 fees.

PROPONENTS:  Supporters say that the office of recorder and
circuit clerk need to be separated.  Records are too important
to assign to another county office.  The volume of work has
increased over the years due to the economy.  Fees charged by
recorders have not been increased since 1985.  Counties need
this additional revenue to support the recorder's office.

Testifying for the bill were Representative Graham (24); and
Boone County Recorder.

There was no opposition voiced to the committee.

OPPONENTS:  Steve Bauer, Legislative Analyst


INTRODUCED

HB 1084 -- Recorders of Deeds

Co-Sponsors:  Graham (24), Schilling

This bill makes several changes to the laws relating to county
recorders of deeds, including establishing that all counties use
the same procedure for the election of recorders of deeds
beginning in the year 2002.  In counties where the offices of
circuit clerk and recorder of deeds are combined, the
combination will be terminated as of December 31, 2002, and the
offices will be filled separately.  In counties where the clerks
of the circuit court are ex officio recorders prior to January
1, 2003, the person holding that office will deliver all funds,
records, materials, and other belongings related to the duties
of the recorder of deeds to the elected recorder of deeds taking
office on January 1, 2003.

Current law requires elected clerks and recorders to enter into
bond to the state.  This bill relieves clerks from that
obligation.  The recorder of deeds will no longer take and
certify the relinquishments of dower of married women.  The bill
requires every recorder of deeds to be liable on his or her bond
for all fees collected and not accounted for and paid into the
county treasury.

The bill also requires that beginning January 1, 2003, an
additional $10 fee be collected with instruments to be
recorded.  The fee will be distributed as follows:

(1)  Three dollars to the Recorder's Fund;

(2)  Five dollars to county General Revenue Fund;

(3)  One dollar to the Housing Trust Fund; and

(4)  One dollar to the Statutory County Recorder's Fund, which
is created in the state treasury by the bill.

The State Treasurer will make disbursements to qualifying
counties to subsidize fees collected by third classification
counties.  The unexpended balance at the end of 2 years will
remain in the fund, and any amount over $100,000 will be
refunded equally to the general revenue fund of every
contributing county.


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