AB 727

Under current law, the Department of Administration (DOA) directs and

supervises the land information program and serves as a state clearinghouse for

access to land information. Under the land information program, DOA provides

technical assistance to state agencies and local governmental units with land

information responsibilities, reviews and approves county plans for land records

modernization, and provides aids to counties, derived from recording fee revenues

collected by counties, for land records modernization projects.

Also under current law, a county board may establish a land information office

or direct that the functions and duties of the office be performed by an existing county

office. If a land information office is established, it is required to coordinate land

information projects between different units and levels of government and between

the government and the private sector, develop and receive approval for a

countywide plan for land records modernization, and review and recommend

projects from local governmental units for grants from DOA.

Also under current law, counties collect a fee for recording and filing most

instruments that are recorded or filed with a register of deeds. The fee is $11 for the

first page of an instrument and $2 for each additional page. Counties must remit $7

of each $11 collected for recording or filing the first page of each instrument to DOA,

which DOA uses the revenues to make grants to counties for land records

modernization projects (modernization grants). However, if a county has established

a land information office, receives approval from DOA for its land records

modernization plan, and uses the money for certain specified purposes related to

land records modernization, the county may retain $5 of each $7 fee that would

otherwise be payable to DOA. Counties also collect a $25 fee for recording certain

probate certificates and for preparing and mailing certain probate documents.

Under this bill, counties collect a $25 fee, regardless of the number of pages of

the instrument, for recording or filing most instruments that are recorded or filed

with a register of deeds. Counties must remit $10 of each fee to DOA, which DOA

uses to make modernization grants. If a county has, in addition to the three

requirements under current law for retaining DOA fees, established a land

information council, the county may retain $8 of each $10 fee that would otherwise

be payable to DOA. Also under this bill, counties may temporarily collect a $30 fee

for recording or filing these instruments or for recording certain probate certificates

or preparing and mailing certain probate documents if the county uses $5 of each fee

for purposes of redacting social security numbers from certain electronic format

records. The $30 fee reverts to a $25 fee upon the earliest of the following: 1)

completion of redaction of social security numbers from certain electronic format

records; 2) January 1, 2012, unless an extension of time is granted by DOA; or 3)

January 1, 2015.

Also under this bill, when the register of deeds transfers instruments filed with