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
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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.
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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.
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