Effective - 28 Aug 2018, 2 histories
59.800. Additional five dollar fee imposed, when, distribution — fund established, use of moneys — deficiency, effect of. — 1. Beginning on July 1, 2001, notwithstanding any other condition precedent required by law to the recording of any instrument specified in subdivisions (1) and (2) of subsection 1 of section 59.330, an additional fee of five dollars shall be charged and collected by every recorder of deeds in this state on each instrument recorded. The additional fee shall be distributed as follows:
(1) One dollar and twenty-five cents to the recorder's fund established under subsection 1 of section 59.319, provided, however, that all funds received under this section shall be used exclusively for the purchase, installation, upgrade and maintenance of modern technology necessary to operate the recorder's office in an efficient manner;
(2) One dollar and seventy-five cents to the county general revenue fund; and
(3) Two dollars to the fund established in subsection 2 of this section.
2. (1) There is hereby established a revolving fund known as the "Statutory County Recorder's Fund", which shall receive funds paid to the recorders of deeds of the counties of this state under subdivision (3) of subsection 1 of this section. The director of the department of revenue shall be custodian of the fund and shall make disbursements from the fund for the purpose of subsidizing the fees collected by counties that hereafter elect or have heretofore elected to separate the offices of clerk of the circuit court and recorder. The subsidy shall consist of the total amount of moneys collected under subdivisions (1) and (2) of subsection 1 of this section subtracted from fifty-five thousand dollars, except under such circumstances where the annual average of funds collected under subsection 1 of this section during the previous three calendar years is* insufficient to meet all obligations calculated in this subdivision. In such cases the provisions of subdivision (2) of this subsection shall apply. The moneys paid to qualifying counties under this subsection shall be deposited in the county general revenue fund. For purposes of this section a "qualified county" is a county that hereafter elects or has heretofore elected to separate the offices of clerk of the circuit court and recorder and in which the office of the recorder of deeds collects less than fifty-five thousand dollars in fees under subdivisions (1) and (2) of subsection 1 of this section, on an annual basis. Moneys in the statutory county recorder's fund shall not be considered state funds and shall be deemed nonstate funds.
(2) In the event funds collected under subdivision (3) of subsection 1 of this section are insufficient to meet the obligations set out in subdivision (1) of this subsection, the director of the department of revenue shall calculate the projected shortfall that would otherwise be incurred based on the formula outlined in subdivision (1) of this subsection. If the fund balance is greater than the annual average disbursement from the fund during the previous three years, up to thirty-three percent of the amount that exceeds the annual three-year average to meet the obligation may be used to meet the obligations. Should this amount be insufficient or unavailable to meet the shortfall, the director of the department of revenue shall set a new requisite amount to determine a qualified county under subdivision (1) of this subsection other than fifty-five thousand dollars, which reflects the revenue collected under subdivision (3) of subsection 1 of this section in addition to thirty-three percent of the excess fund balance.
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(L. 2001 S.B. 288, A.L. 2002 H.B. 1776 merged with S.B. 1078, A.L. 2018 H.B. 1291)
*Word "are" appears in original rolls.
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).