Effective - 28 Aug 2012
59.319. User fee and an additional fee required to record — collection, deposit, distribution, use of — state treasurer, commissioner of administration, secretary of state, duties. — 1. A user fee of four dollars shall be charged and collected by every recorder in this state, over and above any other fees required by law, as a condition precedent to the recording of any instrument. The state portion of the fee shall be forwarded monthly by each recorder of deeds to the state director of revenue, and the fees so forwarded shall be deposited by the director in the state treasury. Two dollars of such fee shall be retained by the recorder and deposited in a recorder's fund and not in county general revenue for record storage, microfilming, and preservation, including anything necessarily pertaining thereto. The recorder's funds shall be kept in a special fund by the treasurer and shall be budgeted and expended at the direction of the recorder and shall not be used to substitute for or subsidize any allocation of general revenue for the operation of the recorder's office without the express consent of the recorder. The recorder's fund may be audited by the appropriate auditing agency, and any unexpended balance shall be left in the fund to accumulate from year to year with interest.
2. An additional fee of three dollars shall be charged and collected by every recorder in this state, over and above any other fees required by law, as a condition precedent to the recording of any instruments specified in subdivisions (1) and (2) of section 59.330. The fees collected from this additional three dollars per recorded instrument shall be forwarded monthly by each recorder of deeds to the state director of revenue, and the fees so forwarded shall be deposited by the director in the state treasury.
3. The state treasurer and the commissioner of administration shall establish an appropriate account within the state treasury and in accordance with the state's accounting methods. Any receipt required by this section to be deposited in the state treasury shall be credited as follows:
(1) The amount of one dollar for each fee collected under subsection 1 of this section shall be paid to the state treasurer and credited to the "Missouri Land Survey Fund" which is hereby created to be utilized for the purposes of sections 60.510 to 60.620 and section 60.670. The state treasurer shall be custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180. Any funds previously collected by the state treasurer to be utilized for the purposes of sections 60.510 to 60.620 and section 60.670 shall transfer to the Missouri land survey fund. Any portion of the fund not immediately needed for the purposes authorized shall be invested by the state treasurer as provided by the constitution and laws of this state. All income, interest, and moneys earned from such investments shall be deposited in the Missouri land survey fund. Any unexpended balance in the fund at the end of the fiscal year is exempt from the provisions of section 33.080 relating to the transfer of unexpended balances to the general revenue fund;
(2) The amount of one dollar for each fee collected under subsection 1 of this section to an account to be utilized by the secretary of state for additional preservation of local records; and
(3) The amount of three dollars collected under subsection 2 of this section into the Missouri housing trust fund as designated in section 215.034.
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(L. 1969 p. 123 § 17, A.L. 1985 H.B. 320, A.L. 1989 H.B. 786, A.L. 1994 H.B. 1745, A.L. 2012 H.B. 1251)
CROSS REFERENCE:
Recorder's funds may be used for matching funds requirements for grants for preservation of local records, 109.221
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Chapter 59 - County Recorders of Deeds
Section 59.010 - Office created.
Section 59.020 - Election — term of office (first, second and third class counties).
Section 59.043 - Circuit court clerk elected, when.
Section 59.044 - Certain recorders to be paid statutory compensation.
Section 59.080 - Failure to give bond — penalty.
Section 59.090 - Circuit clerk to be ex officio recorder, exceptions (fourth class counties).
Section 59.110 - Bond of clerk — deposited, recorded (fourth class counties).
Section 59.120 - Place of office — record books.
Section 59.140 - Seal used by ex officio recorder.
Section 59.150 - Administration of oaths.
Section 59.160 - Office hours, cities of 300,000 or more population.
Section 59.180 - County commission to provide office and supplies.
Section 59.200 - Recorder or deputy prohibited from making abstracts of title — penalty.
Section 59.210 - Accounts audited and settled by county commission.
Section 59.220 - Compensation of recorder of deeds (St. Louis City).
Section 59.227 - Fees, record of and disposition of (certain first class counties).
Section 59.230 - Fees received — reports — deposited where (second class counties).
Section 59.250 - Accounting of fees collected — annual report — moneys collected property of county.
Section 59.255 - Marginal release of deeds of trust book kept, certain counties.
Section 59.257 - Deputy recorders — appointment — qualifications — certain counties.
Section 59.260 - Circuit clerk to collect and report fees as recorder, when.
Section 59.270 - Deputies — compensation (certain first class counties).
Section 59.290 - Deputies — appointment — qualifications — compensation (second class counties).
Section 59.318 - Donation for homeless, recording of certain instruments (Jackson County).
Section 59.320 - Fee to be paid before record made, exceptions.
Section 59.330 - What shall be recorded — legal description required, when — validity.
Section 59.335 - Bankruptcy, certified copies of papers to be recorded — fees.
Section 59.340 - Records to be recorded in separate books by classes.
Section 59.350 - Conveyances of personal property recorded, how.
Section 59.380 - Land patents recorded.
Section 59.390 - Copies of land patents received in evidence.
Section 59.400 - Manner of recording.
Section 59.410 - Photographic copies deemed recording — to be bound.
Section 59.420 - Manner of recording (first class counties and certain cities).
Section 59.430 - Certificate on instrument recorded.
Section 59.440 - Abstract and index of deeds.
Section 59.450 - Index to marriage contracts and certificates.
Section 59.460 - Index to officers' commissions and bonds.
Section 59.470 - Index to instruments on file.
Section 59.510 - Certified copy of deeds for land in different counties to be recorded, when.
Section 59.520 - Certified copy of record notice to purchasers.
Section 59.530 - Force and effect of certified copy.
Section 59.540 - United States land patents.
Section 59.550 - United States land patents — duties of recorders.
Section 59.560 - New abstract and index of deeds, when made — fee.
Section 59.563 - Electronic format for documents may be established.
Section 59.565 - Electronically transmitted signature valid, when.
Section 59.567 - Fees, collection procedure.
Section 59.568 - Electronic records, requirements for certain documents.
Section 59.570 - Records rebound, when.
Section 59.580 - Records transcribed, when.
Section 59.590 - New record books — designation — certification — validity.
Section 59.610 - Rerecording of conveyances — when — by whom.
Section 59.620 - Rerecording — free of charge, when.
Section 59.630 - Compensation for rerecording copyist.
Section 59.640 - Rerecorded conveyances admissible in evidence.
Section 59.650 - Neglect of duty — liability.
Section 59.660 - Neglect of duty — penalty.
Section 59.700 - Waiver of state's rights of reverter in certain property (Scott County).