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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
SENATE BILL NO. 938
103RD GENERAL ASSEMBLY
2026
5423S.01T
AN ACT
To repeal sections 59.319 and 60.590, RSMo, and to enact in lieu thereof two new sections relating
to land surveying.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 59.319 and 60.590, RSMo, are repealed 1
and two new sections enacted in lieu thereof, to be known as 2
sections 59.319 and 60.590, to read as follows:3
59.319. 1. A user fee of [four] six dollars shall be 1
charged and collected by every recorder in this state, over 2
and above any other fees required by law, as a condition 3
precedent to the recording of any instrument. The state 4
portion of the fee shall be forwarded monthly by each 5
recorder of deeds to the state director of revenue, and the 6
fees so forwarded shall be deposited by the director in the 7
state treasury. [Two] Three dollars of such fee shall be 8
retained by the recorder and deposited in a recorder's fund 9
and not in county general revenue for record storage, 10
microfilming, and preservation, including anything 11
necessarily pertaining thereto. The recorder's funds shall 12
be kept in a special fund by the treasurer and shall be 13
budgeted and expended at the direction of the recorder and 14
shall not be used to substitute for or subsidize any 15
allocation of general revenue for the operation of the 16
recorder's office without the express consent of the 17
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recorder. The recorder's fund may be audited by the 18
appropriate auditing agency, and any unexpended balance 19
shall be left in the fund to accumulate from year to year 20
with interest. 21
2. An additional fee of three dollars shall be charged 22
and collected by every recorder in this state, over and 23
above any other fees required by law, as a condition 24
precedent to the recording of any instruments specified in 25
subdivisions (1) and (2) of subsection 1 of section 59.330. 26
The fees collected from this additional three dollars per 27
recorded instrument shall be forwarded monthly by each 28
recorder of deeds to the state director of revenue, and the 29
fees so forwarded shall be deposited by the director in the 30
state treasury. 31
3. The state treasurer and the commissioner of 32
administration shall establish an appropriate account within 33
the state treasury and in accordance with the state's 34
accounting methods. Any receipt required by this section to 35
be deposited in the state treasury shall be credited as 36
follows: 37
(1) The amount of [one dollar] two dollars for each 38
fee collected under subsection 1 of this section shall be 39
paid to the state treasurer and credited to the "Missouri 40
Land Survey Fund" which is hereby created to be utilized for 41
the purposes of sections 60.510 to 60.620 and section 42
60.670. The state treasurer shall be custodian of the fund 43
and may approve disbursements from the fund in accordance 44
with sections 30.170 and 30.180. Any funds previously 45
collected by the state treasurer to be utilized for the 46
purposes of sections 60.510 to 60.620 and section 60.670 47
shall transfer to the Missouri land survey fund. Any 48
portion of the fund not immediately needed for the purposes 49
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authorized shall be invested by the state treasurer as 50
provided by the constitution and laws of this state. All 51
income, interest, and moneys earned from such investments 52
shall be deposited in the Missouri land survey fund. Any 53
unexpended balance in the fund at the end of the fiscal year 54
is exempt from the provisions of section 33.080 relating to 55
the transfer of unexpended balances to the general revenue 56
fund; 57
(2) The amount of one dollar for each fee collected 58
under subsection 1 of this section to an account to be 59
utilized by the secretary of state for additional 60
preservation of local records; and 61
(3) The amount of three dollars collected under 62
subsection 2 of this section into the Missouri housing trust 63
fund as designated in section 215.034. 64
60.590. 1. On request of the department of 1
agriculture or the state land surveyor, all city and county 2
recorders of deeds, together with all departments, boards or 3
agencies of state government, county, or city government, 4
shall furnish to the department of agriculture or the state 5
land surveyor certified copies of desired records which are 6
in their custody. This service shall be free of cost when 7
possible; otherwise, it shall be at actual cost of 8
reproduction of the records. On the same basis of cost, the 9
department of agriculture shall furnish records within its 10
custody to other agencies or departments of state, county or 11
city, certifying them. 12
2. The department of agriculture may produce, 13
reproduce and sell maps, plats, reports, studies, and 14
records, and shall establish by rule the fees necessary to 15
reflect the costs associated with the production and 16
reproduction under this section. The commission shall 17
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recommend to the department of agriculture the charges 18
therefor. All income received shall be promptly deposited 19
in the state treasury to the credit of the department of 20
agriculture land survey revolving services fund. Any rule 21
or portion of a rule, as that term is defined in section 22
536.010, that is created under the authority delegated in 23
this section shall become effective only if it complies with 24
and is subject to all of the provisions of chapter 536 and, 25
if applicable, section 536.028. This section and chapter 26
536 are nonseverable and if any of the powers vested with 27
the general assembly pursuant to chapter 536 to review, to 28
delay the effective date, or to disapprove and annul a rule 29
are subsequently held unconstitutional, then the grant of 30
rulemaking authority and any rule proposed or adopted after 31
August 28, 2026, shall be invalid and void. 32
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