H0942B1957A06752 BIL:NLH 04/25/14 #90 A06752

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 942

Sponsor: REPRESENTATIVE MAJOR

Printer's No. 1957

 

1Amend Bill, page 1, line 8, by inserting after "reprocessing"

2; and making editorial changes

3Amend Bill, page 1, lines 11 through 20; page 2, lines 1
4through 30; page 3, lines 1 through 8, by striking out all of
5said lines on said pages and inserting

6Section 1. The title of the act of March 18, 1875 (P.L.32,
7No.36), entitled "Requiring recorders of deeds to prepare and
8keep in their respective offices general, direct and ad sectum
9indexes of deeds and mortgages recorded therein, prescribing the
10duty of said recorders and declaring that the entries in said
11general indexes shall be notice to all persons," is amended to
12read:

13Requiring recorders of deeds to prepare and keep in their
14respective offices general, direct and ad [sectum] sectam
15indexes of deeds and mortgages recorded therein, prescribing
16the duty of said recorders and declaring that the entries in
17said general indexes shall be notice to all persons.

18Section 2. Section 1 of the act, amended October 16, 1980
19(P.L.986, No.170), is amended to read:

20Section 1. Be it enacted, &c., That in the addition to the
21indexes which the recorder of deeds in each county of this
22commonwealth is required to keep, the said recorder shall
23carefully and accurately prepare and keep in his office two
24general indexes of all deeds recorded therein, in one of which,
25to be known as the direct index, he shall enter in their order
26the name of the grantor, the name of the grantee, the volume and
27page wherein the deed is recorded, and in the other, to be known
28as the ad [sectum] sectam index, he shall enter in their order
29the name of the grantee, the name of the grantor, the volume and
30page wherein the deed is recorded. He shall in like manner also
31prepare and keep two general indexes, one direct and the other
32ad [sectum] sectam, of all mortgages recorded in his office. In
33counties of the second class, he shall hereafter enter in both
34said indexes of deeds and in both the indexes of mortgages, the
35date of recording and the name of the city or borough or
36township and the number of the ward thereof, if any, in which

1the property affected is stated in the recorded instrument to be
2located, and the primary as well as the permanent indexes shall
3contain the foregoing entries as to date of recording and
4locality of each property affected: Provided, That where an
5instrument affects property in more than one ward, city,
6borough, town or township and the space on the index is
7insufficient to permit the writing of the locality of each
8property affected, the name of the county alone shall be full
9compliance with this act. Said indexes shall be arranged
10alphabetically and in such a way as to afford an easy and ready
11reference to said deeds and mortgages respectively, and shall be
12written in a plain and legible hand: Provided however, That in
13any county where such indexes have already been prepared and in
14use, or where any special law relating to any of said indexes is
15now in force, they shall be adopted and kept as if made in
16pursuance of this act. Nothing herein contained shall prohibit
17the recorder of deeds from combining the general indexes for
18deeds with the general indexes for mortgages into one general
19index.

20Section 3. The act is amended by adding a section to read:

21Section 1.1. (a) In addition to any other provision of law,
22the recorder of deeds shall index in the direct and ad sectam
23indexes all oil or gas documents presented for recording
24according to:

25(1) The name of each party to the oil or gas document.

26(2) The name of each lessor listed in the addendum required
27by subsection (c).

28(b) A recorder of deeds, at his sole discretion, may refuse
29to accept an oil or gas document containing or incorporating by
30reference or by exhibit or by other means more than 50 leases.

31(c) An oil or gas document containing, or referring to by
32incorporation, multiple leases, shall include an addendum for
33the purposes of the indexing required by subsection (a). The
34addendum shall list each lease contained in the document or
35incorporated by reference or exhibit or by other means by and
36shall clearly identify for each lease:

37(1) The names of the lessor or lessors.

38(2) The prior recording information for the leasehold
39interest.

40(3) The property with which each lease is associated,
41identified by:

42(i) the name of any ward, city, borough, town or township in
43which all or part of the property is located, in a county that
44has not adopted a uniform parcel identifier system under the act
45of January 15, 1988 (P.L.1, No.1), known as the Uniform Parcel
46Identifier Law; or

47(ii) the uniform parcel identifier number of the property,
48in a county that has adopted a uniform parcel identifier system
49under the Uniform Parcel Identifier Law.

50(d) (1) In addition to any other fee authorized by law, for
51an oil or gas document, the recorder of deeds in a county that

1has not adopted a uniform parcel identifier system under the
2Uniform Parcel Identifier Law, may assess a fee of six dollars
3for each lease described, for which the lessor must be indexed
4in accordance with subsection (a).

5(2) If an oil or gas document contains, or refers to by
6incorporation, multiple leases, the recorder of deeds, in a
7county that has adopted the uniform parcel identifier system
8under the Uniform Parcel Identifier Law, must index the lessor
9in accordance with subsection (a), but may not assess the fee
10under paragraph (1). The recorder may assess such other fees as
11authorized under law, including a fee, if adopted, to certify
12each uniform parcel number.

13(e) The purpose of this section is to provide greater access
14to the public to information regarding oil and gas documents.
15The following shall apply:

16(1) This section shall apply to oil or gas documents
17presented for recording after the effective date of this
18section.

19(2) Nothing in this section shall be construed to limit or
20alter any requirement of law regarding the recording of
21documents other than oil or gas documents.

22(3) If an oil or gas document meets the requirements of this
23section and all other statutes providing recording requirements,
24the document shall be recorded. Nothing in this section shall be
25construed to confer upon a recorder of deeds additional
26authority to reject the oil or gas document, provided that it is
27accompanied by an amount at least equal to the required
28recording fees.

29(4) Nothing in this section shall affect in any manner the
30validity and enforceability of liens, mortgages or deeds of
31trust in oil and gas property.

32(5) This section shall not apply to or affect in any manner
33the provisions of 13 Pa.C.S. Division 9 (relating to secured
34transactions), including the provisions of Division 9 relating
35to as-extracted collateral, the proceeds of as-extracted
36collateral or fixtures used in oil and gas exploration,
37extraction or production.

38(6) Subsection (c) shall not be construed to confer a
39recorder of deeds with the responsibility or the authority to
40verify the accuracy of the information required in the addendum
41required by that subsection.

42(f) The following words and phrases when used in this
43section shall have the meanings given to them in this subsection
44unless the context clearly indicates otherwise:

45"Lessor." The owner of record from whom mineral rights were
46leased at the time the lease was originally executed, regardless
47of whether a subsequent lease amended, restated or replaced the
48original lease, and regardless of whether the original lessor
49conveyed its reserved royalty interests to another person.

50"Oil or gas document." A document which transfers all or
51part of the interests of one party to another party in multiple

1oil or gas leases.

2"Party." The term shall include the grantor and grantee or
3assignor and assignee or transferor and transferee.

4"Person." Any natural person, association, fiduciary
5partnership, corporation or other entity, including a
6governmental entity.

7Amend Bill, page 3, line 9, by striking out "3" and inserting

8 4

9Amend Bill, page 3, line 13, by striking out "4" and
10inserting

11 5

 

See A06752 in
the context
of HB0942