PRINTER'S NO. 3342
No. 2462 Session of 2000
INTRODUCED BY DALLY, WILT, YOUNGBLOOD, ROSS, CORRIGAN AND SAYLOR, APRIL 12, 2000
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 12, 2000
AN ACT 1 Amending the act of April 8, 1982 (P.L.310, No.87), entitled "An 2 act establishing fees for services of recorders of deeds in 3 counties of the second A, third, fourth, fifth, sixth, 4 seventh and eighth classes," providing for additional fees. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 2.1 of the act of April 8, 1982 (P.L.310, 8 No.87), referred to as the Recorder of Deeds Fee Law, added 9 January 29, 1998 (P.L.34, No.8), is amended to read: 10 Section 2.1. (a) There is hereby created a County Records 11 Improvement Fund in counties of the second A, third, fourth, 12 fifth, sixth, seventh and eighth classes. 13 (b) In addition to the fee charged by a recorder of deeds or 14 by an equivalent officer in a home rule charter county, a fee in 15 the amount of $2 shall be charged and collected for each 16 document recorded. The fee shall be distributed in the following 17 manner: 18 (1) The amount of $1 shall be retained in a separate
1 fund within the office of the recorder of deeds to be used, 2 in accordance with regular county budgeting, contracting and 3 procurement practices, to support development and improvement 4 of office records management activities and systems in the 5 office of the recorder of deeds or in its equivalent in a 6 home rule charter county. Amounts in the separate fund shall 7 not be used to substitute any allocations of general revenues 8 for the operation of the recorder's office without the 9 express consent of the recorder. The separate fund shall be 10 audited by the appropriate auditing agency, and any 11 unexpended balance, together with interest earned on the 12 separate fund, shall be left in the separate fund to 13 accumulate from year to year. Beginning with the close of the 14 fiscal year four years after the effective date of this 15 section and every four years thereafter, any unencumbered 16 funds remaining in the separate fund shall be transferred to 17 the County Records Improvement Fund. 18 (2) The amount of $1 shall be deposited in the County 19 Records Improvement Fund for use as prescribed in subsection 20 (c). 21 (c) Funds deposited in the County Records Improvement Fund 22 shall be expended in accordance with a comprehensive records 23 management plan based on the goal of standardizing and 24 equalizing the capabilities of all county offices consistent 25 with their need to receive, manage and provide information to 26 the public as efficiently as possible. The plan shall be 27 developed and administered in the following manner: 28 (1) Each county shall establish a County Records 29 Improvement Committee made up of the county commissioners, 30 sheriff, prothonotary, clerk of court, register of wills and 20000H2462B3342 - 2 -
1 treasurer or their equivalent in a home rule county. The 2 County Records Improvement Committee shall assess the 3 relative records management capabilities and records 4 management needs of each office and develop recommendations 5 to the county commissioners for a comprehensive records 6 management plan consistent with the goal established in this 7 subsection. 8 (2) The county commissioners or their equivalent in a 9 home rule charter county shall adopt and provide for 10 administration of a comprehensive records management plan 11 that is based on the recommendations of the County Records 12 Improvement Committee and is consistent with the goal 13 established in this subsection. The plan may be amended from 14 time to time in consultation with the County Records 15 Improvement Committee. 16 (3) The County Records Improvement Fund shall be 17 expended and administered consistent with regular county 18 budgeting, contracting and procurement practices and 19 administrative procedures. The County Records Improvement 20 Fund shall be audited by the appropriate auditing agency, and 21 any unexpended balance, together with interest earned on the 22 County Records Improvement Fund, shall be left in the County 23 Records Improvement Fund to accumulate from year to year. 24 (d) In addition to any other fee authorized by law, a fee of 25 $1 shall be charged and collected by the following for deposit 26 into the County Records Improvement Fund for use as described in 27 subsection (c): 28 (1) Prothonotary of the court of common pleas in a 29 county of the second class A and the third to eighth class, 30 for services provided by the prothonotary. 20000H2462B3342 - 3 -
1 (2) Clerk of courts in a county of the second class A 2 and the third to eighth class, for proceedings in all 3 criminal actions. 4 (3) Sheriff in a county of the second class A and the 5 third to eighth class, for services provided by the sheriff. 6 Section 2. This act shall take effect in 60 days. E28L16BIL/20000H2462B3342 - 4 -