HB 868 -- RECORDER OF DEEDS

CO-SPONSORS:  Graham (24), Schilling

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Governmental Organization and Review by a vote of 7 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 class 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:  No impact on state funds.

PROPONENTS:  Supporters say that this bill will separate the
office of circuit clerk and recorder in 77 counties.  Recorders
can no longer handle the duties of both positions.  They have
had a 30% increase in the number of filings.  The increased fee
will pay for the separation of the offices.  Recorders have not
increased fees since 1985.

Testifying for the bill were Representative Graham (24); and
Missouri State Recorders Association.

OPPONENTS:  There was no opposition voiced to the committee.

Steve Bauer, Legislative Analyst

HB 868 -- 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 class 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.