Section 59.800

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 59

Effective - 28 Aug 2002, 3 histories, see footnote   (history) 

  59.800.  Additional five dollar fee imposed, when, distribution — fund established. — 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 section59.330, 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 pursuant to subsection 1 of section 59.319, provided, however, that all funds received pursuant to 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.  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 pursuant to 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 pursuant to subdivisions (1) and (2) of subsection 1 of this section subtracted from fifty-five thousand dollars.  The moneys paid to qualifying counties pursuant to 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 pursuant to 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.

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(L. 2001 S.B. 288, A.L. 2002 H.B. 1776 merged with S.B. 1078)