SB 0316 Separates the offices of circuit clerk and recorder of deeds where combined, and makes most circuit clerks appointed
Sponsor:Schneider
LR Number:S1212.01I Fiscal Note:1212-01
Committee:Judiciary
Last Action:05/14/99 - S Inf Calendar S Bills for Perfection Journal page:
Title:
Effective Date:Varies
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Current Bill Summary

SB 316 - This act separates the offices of circuit clerk and recorder of deeds where they are combined, and makes circuit clerks appointed except in St. Louis County, St. Charles County and Jackson County.

RECORDERS - All counties will have a recorder. Current law limits recorders to just first, second and certain third classification counties. The difference will only affect third classification counties where the office of recorder and circuit court are combined.

Current law requires voter approval before these third classification counties can separate the circuit clerk's office from that of the recorder. This act mandates separation by December 31, 2002.

A charge of $10 on every recorded instrument is imposed. Two dollars are to be placed in the recorder's fund; the remainder is earmarked within the county treasury for funding the recorder's office.

CIRCUIT CLERKS - Circuit clerks will be appointed, rather than elected. The current clerks in elected office on December 31, 2002, shall continue in office as appointed clerks, effective January 1, 2003.

Circuit clerks in the counties of St. Louis, St. Charles and Jackson will continue to be elected or appointed pursuant to their charter. If the clerk's office is made appointive, then the state will pay the portion of the clerk's salary that would be paid for a county of such size.

The circuit clerk in St. Louis City will become appointed. Current law allows St. Louis City to select its clerk as provided in the charter.

Vacancies are filled by the circuit court. Currently, they are filled by the Governor. Circuit clerk salaries will be fixed by the Supreme Court. These provisions are effective January 1, 2003.
CHARLES HATCHER