Changing the fees collected by a register of deeds, the redaction of social security numbers from electronic documents, and changes to the land information program

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 or recorded by the register of deeds before April 1, 2006, to an electronic format, he or she is required to make a reasonable effort to redact social security numbers from the instrument's electronic format.

Also under this bill, if a county retains fees otherwise payable to DOA or receives a grant from DOA under the land information program, the county must submit a report to DOA describing the expenditure of those funds. These funds must be used to design, develop, and implement a land information system and to make the system accessible on the Internet before being used for any other purpose and thereafter for purposes related to land records modernization. If DOA determines that these funds have been used for unauthorized purposes, DOA may suspend the eligibility of the county for further grants or retained fees.

Also under this bill, a county board that has created a land information office must create a land information council consisting of no less than seven members.

The council reviews the priorities, needs, policies, and expenditures of the land information office and advises the county on matters affecting the land information office. Also, if a county employs countywide property assessment or maintains land records that identify the zoning classification of individual parcels, the county board must post on the Internet land records that identify the zoning classification of individual parcels.