Session: 103rd General Assembly
Year: 2023
Bill #: SB2227
Category: County Officials
Position: No position
Revenue Loss?
Authority Preemption?

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Amends the Recorder Division of the Counties Code. Removes a requirement that a recorder be commissioned by the Governor. Provides that the chief deputy recorder (rather than the deputy recorder) shall be the recorder when the elected recorder is in active military service and that the chief deputy recorder shall receive the same compensation as the recorder during this time unless already receiving higher compensation than the recorder. Allows storage of certain information or documents in databases rather than only in books. Removes provisions repealing a Section concerning a mechanics lien demand and referral pilot program that would have otherwise repealed on January 1, 2024. Provides that the recorder may accept facsimile or other photographic or photostatic copies of the signatures of parties executing documents without labeling those signatures as copies if they are digital signatures offered in compliance with federal or State law. In provisions relating to documents received stating that a mortgage or lien is to be filed but not recorded, provides that the document will be marked filed only upon payment of a fee equal to what would be charged if the document were to be recorded. Provides that a recorder may waive the fee for additional copies of certificates of discharge or release from active duty if the recorder deems collecting the fee to be a burden to the county and the fee is waived for all requesting copies of these documents. Removes and repeals provisions relating to the time for opening and closing the recorder's office. Increases the fee for violations relating to recording a map, plat, or subdivision of land to $1,000 (rather than $200). Replaces pronouns with gender-neutral terms. Makes other changes. Effective immediately. Senate Amendment 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Restores language requiring a recorder to be commissioned by the Governor. Restores a language repealing provisions on January 1, 2024 relating to mechanics lien demands and a referral pilot program. Provides that a recorder may waive the fee for reasonable requests for additional copies (rather than waive the fee for additional copies) if the recorder deems collecting the fee to be a burden to the county and waives the fee for all such requests. Provides that the recorder shall indorse on an instrument in writing that is recorded in the recorder's office the time when the instrument was accepted for recordation (rather than accepted or received for recordation). Makes other changes. Further amends the Counties Code. Adds nonstandard document predictable fees to the predictable fee schedules for recording deeds and other instruments. Makes changes relating to classification of documents for filing, procedures to increase a predictable fee, and certified and non-certified fees. Repeals the existing provisions regarding predictable fee schedules and nonstandard document fees. Effective January 1, 2024 (rather than immediately).

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