PRINTER'S NO. 2493
No. 1923 Session of 2001
INTRODUCED BY FICHTER, L. I. COHEN, HENNESSEY, HERSHEY, JAMES,
SOLOBAY, STEELMAN, STERN, TANGRETTI, THOMAS, WASHINGTON,
WATSON, YOUNGBLOOD AND ZUG, SEPTEMBER 24, 2001
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, SEPTEMBER 24, 2001
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," further providing for additional
5 fee for recording document in counties of the second A,
6 third, fourth, fifth, sixth, seventh and eighth classes and
7 home rule charter counties.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The title of the act of April 8, 1982 (P.L.310,
11 No.87), referred to as the Recorder of Deeds Fee Law, is amended
12 to read:
13 AN ACT
14 Amending the act of April 8, 1982 (P.L.310, No.87), entitled "An
15 act establishing fees for services of recorders of deeds in
16 counties of the second A, third, fourth, fifth, sixth,
17 seventh and eighth classes and home rule charter counties."
18 Section 2. Section 2.1 of the act, added January 29, 1998
19 (P.L.34, No.8), is amended to read:
20 Section 2.1. (a) There is hereby created a County Records
1 Improvement Fund in counties of the second A, third, fourth,
2 fifth, sixth, seventh and eighth classes.
3 (b) In addition to the fee charged by a recorder of deeds or
4 by an equivalent officer in a home rule charter county, a fee in
5 the amount of [$2] $5 shall be charged and collected for each
6 document recorded. The fee shall be distributed in the following
7 manner:
8 (1) The amount of [$1] $3 shall be retained in a
9 separate fund within the office of the recorder of deeds to
10 be used, in accordance with regular county budgeting,
11 contracting and procurement practices, to support development
12 and improvement of office records management activities and
13 systems in the office of the recorder of deeds or in its
14 equivalent in a home rule charter county. Amounts in the
15 separate fund shall not be used to substitute any allocations
16 of general revenues for the operation of the recorder's
17 office without the express consent of the recorder. The
18 separate fund shall be audited by the appropriate auditing
19 agency, and any unexpended balance, together with interest
20 earned on the separate fund, shall be left in the separate
21 fund to accumulate from year to year. Beginning with the
22 close of the fiscal year four years after the effective date
23 of this section and every four years thereafter, any
24 unencumbered funds remaining in the separate fund shall be
25 transferred to the County Records Improvement Fund.
26 (2) The amount of [$1] $2 shall be deposited in the
27 County Records Improvement Fund for use as prescribed in
28 subsection (c).
29 (c) Funds deposited in the County Records Improvement Fund
30 shall be expended in accordance with a comprehensive records
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1 management plan based on the goal of standardizing and
2 equalizing the capabilities of all county offices consistent
3 with their need to receive, manage and provide information to
4 the public as efficiently as possible. The plan shall be
5 developed and administered in the following manner:
6 (1) Each county shall establish a County Records
7 Improvement Committee made up of the county commissioners,
8 sheriff, prothonotary, clerk of court, register of wills and
9 treasurer or their equivalent in a home rule charter county.
10 The County Records Improvement Committee shall assess the
11 relative records management capabilities and records
12 management needs of each office and develop recommendations
13 to the county commissioners for a comprehensive records
14 management plan consistent with the goal established in this
15 subsection.
16 (2) The county commissioners or their equivalent in a
17 home rule charter county shall adopt and provide for
18 administration of a comprehensive records management plan
19 that is based on the recommendations of the County Records
20 Improvement Committee and is consistent with the goal
21 established in this subsection. The plan may be amended from
22 time to time in consultation with the County Records
23 Improvement Committee.
24 (3) The County Records Improvement Fund shall be
25 expended and administered consistent with regular county
26 budgeting, contracting and procurement practices and
27 administrative procedures. The County Records Improvement
28 Fund shall be audited by the appropriate auditing agency, and
29 any unexpended balance, together with interest earned on the
30 County Records Improvement Fund, shall be left in the County
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1 Records Improvement Fund to accumulate from year to year.
2 Section 3. This act shall take effect in 60 days.
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