HOUSE BILL NO. 2281 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE NOLTE.
5774H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 59.310, RSMo, and to enact in lieu thereof one new section relating to documents presented for recording.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 59.310, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 59.310, to read as follows: 59.310. 1. The county recorder of deeds may refuse any document presented for 2 recording that does not meet the following requirements: 3 (1) The document shall consist of one or more individual pages printed only on one 4 side and not permanently bound nor in a continuous form. The document shall not have any 5 attachment stapled or otherwise affixed to any page except as necessary to comply with 6 statutory requirements, provided that a document may be stapled together for presentation for 7 recording; a label that is firmly attached with a bar code or return address may be accepted for 8 recording; 9 (2) The size of print or type shall not be smaller than eight-point type and shall be in 10 black or dark ink. Should any document presented for recording contain type smaller than 11 eight-point type, such document shall be accompanied by an exact typewritten copy not 12 smaller than eight-point type to be recorded contemporaneously as additional pages of the 13 document; 14 (3) The document must be of sufficient legibility to produce a clear and legible 15 reproduction thereof. Should any document not be of sufficient legibility to produce a clear 16 and legible reproduction, such document shall be accompanied by an exact typewritten copy
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2281 2
17 not smaller than eight-point type to be recorded contemporaneously as additional pages of the 18 document; 19 (4) The document shall be on white or light-colored paper of not less than twenty- 20 pound weight without watermarks or other visible inclusions, except for plats and surveys, 21 which may be on materials such as Mylar or velum. All text within the document shall be of 22 sufficient color and clarity to ensure that when the text is reproduced from record, it shall be 23 readable; 24 (5) All signatures on a document shall be in black or dark ink, such that such 25 signatures shall be of sufficient color and clarity to ensure that when the text is reproduced 26 from record, it shall be readable, and shall have the corresponding name typed, printed or 27 stamped underneath said signature. The typing or printing of any name or the applying of an 28 embossed or inked stamp shall not cover or otherwise materially interfere with any part of the 29 document except where provided for by law; 30 (6) The documents shall have a top margin of at least three inches of vertical space 31 from left to right, to be reserved for the recorder of deeds' certification and use. All other 32 margins on the document shall be a minimum of three-fourths of one inch on all sides. 33 Nonessential information such as form numbers, page numbers or customer notations may be 34 placed in the margin. A document may be recorded if a minor portion of a seal or incidental 35 writing extends beyond the margins. The recorder of deeds will not incur any liability for not 36 showing any seal or information that extends beyond the margins of the permanent archival 37 record. 38 2. (1) Every document [containing any of the items listed in this subsection] that is 39 presented for recording, except plats and surveys, shall contain the following and shall have 40 such information on the first page below the three-inch horizontal margin: 41 [(1)] (a) The title of the document; 42 [(2)] (b) The date of the document; 43 [(3)] (c) All grantors' names and marital status; 44 [(4)] (d) All grantees' names; 45 [(5)] (e) Any statutory addresses; 46 [(6)] (f) The legal description of the property; and 47 [(7)] (g) Reference book and pages for statutory requirements, if applicable. 48 (2) If there is not sufficient room on the first page for all of the information required 49 by subdivision (1) of this subsection, the page reference within the document where the 50 information is set out shall be stated on the first page. 51 3. From January 1, 2002, documents which do not meet the requirements set forth in 52 this section may be recorded for an additional fee of twenty-five dollars, which shall be 53 deposited in the recorders' fund established pursuant to subsection 1 of section 59.319. HB 2281 3
54 4. Documents which are exempt from format requirements and which the recorder of 55 deeds may record include the following: 56 (1) Documents which were signed prior to January 1, 2002; 57 (2) Military separation papers; 58 (3) Documents executed outside the United States; 59 (4) Certified copies of documents, including birth and death certificates; 60 (5) Any document where one of the original parties is deceased or otherwise 61 incapacitated; and 62 (6) Judgments or other documents formatted to meet court requirements. 63 5. Any document rejected by a recorder of deeds shall be returned to the preparer or 64 presenter accompanied by an explanation of the reason it could not be recorded. 65 6. Recorders of deeds shall be allowed fees for their services as follows: 66 (1) For recording every deed or instrument: five dollars for the first page and three 67 dollars for each page thereafter except for plats and surveys; 68 (2) For copying or reproducing any recorded instrument, except surveys and plats: a 69 fee not to exceed two dollars for the first page and one dollar for each page thereafter; 70 (3) For every certificate and seal, except when recording an instrument: one dollar; 71 (4) For recording a survey, subdivision plat [or survey of a subdivision, outlets or 72 condominiums: twenty-five dollars for each sheet of drawings or calculations based on a size 73 not to exceed twenty-four inches in width by eighteen inches in height. For recording a 74 survey of one or more tracts: five dollars for each sheet of drawings or calculations based on 75 a size not to exceed twenty-four inches in width by eighteen inches in height. Any plat or 76 survey larger than eighteen inches by twenty-four inches shall be counted as an additional 77 sheet for each additional eighteen inches by twenty-four inches, or fraction thereof, plus five 78 dollars per page of other material], condominium plat, or other drawing depicting the 79 division of land prepared by a professional land surveyor: 80 (a) For drawings smaller than eighteen inches by twenty-four inches, the fee 81 shall be twenty-five dollars per sheet; 82 (b) The fee for any such drawing that measures one of the following dimensions 83 shall be as follows for each sheet of drawings or other calculations: 84 18" by 24" $25.00 85 24" by 36" $50.00; 86 (c) For any such drawing that measures between dimensions listed in paragraph 87 (b) of this subdivision, the fee for each sheet of drawings or calculations shall be 88 calculated at the rate for the larger listed dimension; and 89 (d) For drawings exceeding twenty-four inches by thirty-six inches, the fee for 90 each sheet of drawings or other calculations shall be sixty dollars; HB 2281 4
91 (5) For copying a survey, subdivision plat [or survey of one or more tracts: a fee not 92 to exceed five dollars for each sheet of drawings and calculations not larger than twenty-four 93 inches in width and eighteen inches in height and one dollar for each page of other material], 94 condominium plat, or other drawing depicting the division of land prepared by a 95 professional land surveyor: 96 (a) The fee for any such drawing that measures one of the following dimensions 97 shall be as follows for each sheet of drawings or other calculations: 98 8 1/2" by 11" $1.00 99 11" by 17" $2.00 100 18" by 24" $5.00 101 24" by 36" $10.00; 102 (b) For any such drawing that measures between dimensions listed in paragraph 103 (a) of this subdivision, the fee for each sheet of drawings or calculations shall be 104 calculated at the rate for the larger listed dimension; and 105 (c) For drawings exceeding twenty-four inches by thirty-six inches, the fee for 106 each sheet of drawings or other calculations shall be fifteen dollars; 107 (6) For a document which releases or assigns more than one item: five dollars for 108 each item beyond one released or assigned in addition to any other charges which may apply; 109 (7) For every certified copy of a marriage license or application for a marriage 110 license: two dollars; 111 (8) For duplicate copies of the records in a medium other than paper, the recorder of 112 deeds shall set a reasonable fee not to exceed the costs associated with document search and 113 duplication; and 114 (9) For all other use of equipment, personnel services and office facilities, the 115 recorder of deeds may set a reasonable fee. ✔
Statutes affected: