PRINTER'S NO. 4125
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2680
Session of
2018
INTRODUCED BY HARPER, JAMES, EVERETT, MILLARD, RADER AND HILL-
EVANS, OCTOBER 1, 2018
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, OCTOBER 1, 2018
AN ACT
Amending the act of April 8, 1982 (P.L.310, No.87), entitled "An
act establishing fees for services of recorders of deeds in
counties of the second A, third, fourth, fifth, sixth,
seventh and eighth classes and home rule charter counties of
these classes; authorizing a special deed and mortgage
recording fee in certain counties; and establishing county
demolition funds," further providing for general fees;
providing for fees for recording certain instruments; further
providing for County Records Improvement Fund; and making a
related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 of the act of April 8, 1982 (P.L.310,
No.87), referred to as the Recorder of Deeds Fee Law, is amended
to read:
Section 1. [The] Except as provided under section 1.1, fees
of the recorders of deeds, or an equivalent officer in a home
rule charter county, in counties of the second A, third, fourth,
fifth, sixth, seventh and eighth classes shall be as follows:
Instrument Fee
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4 names and
4 pages
exclusive of notations
Adjudication, certified excerpt................ $11.50
Agreement...................................... 11.50
Articles of incorporation...................... 11.50
Amendments..................................... 11.50
Assignments other than mortgage assignments.... 11.50
Award.......................................... 11.50
Branding....................................... 11.50
Charter........................................ 11.50
Commission - district judge.................... 14.50
Commission - notary public and bond............ 14.50
Commission - police and oath................... 14.50
Condominium:
Code of regulations........................ 11.50
Declaration of plans....................... 11.50
Plan (24 x 36)............................. 25.00
Consent form................................... 11.50
Correction instrument or re-recording to the
extent not related to a document listed in section
1.1...............................................
11.50
Decree of court of feme sole trader............ 11.50
[Deed.......................................... 11.50
Each additional description................ .50
Each additional parcel number.............. .50]
Declaration of taking or trust................. 11.50
Discharge (veteran)............................ Free
Distribution................................... 11.50
[Easements..................................... 11.50]
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Election to take............................... 11.50
[Extension of mortgage......................... 11.50]
Finance statements............................. 9.50
Secured transaction........................ 9.50
on standard
form
Assignment or release...................... 9.50
on standard
form
Continuation............................... 9.50
on standard
form
Termination................................ 9.50
on standard
form
Finance statement-nonstandard-first supplement
page.............................................. 2.00
Each additional supplement page............ 1.00
Leases for terms of less than 30 years......... 11.50
[Mortgages..................................... 11.50
Each additional description................ .50
Each additional parcel number.............. .50
Mortgage satisfaction.......................... 5.00]
Order of court (except to satisfy)............. 11.50
Order to satisfy lost mortgage................. 11.50
Ordinances..................................... 11.50
[Power of attorney............................. 11.50
Release........................................ 11.50
Re-recording................................... 11.50
Revocation..................................... 11.50
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Right-of-way................................... 11.50
Sheriff's deed................................. 11.50
Mortgage satisfaction piece.................... 11.50]
Termination of Federal tax lien................ 9.50
Filing fee for Act No. 287 of 1974............. 5.00
Copy - each township 2.00
Preferential assessments under Act No. 319 of
1974.............................................. 11.50
Certification and seal......................... 1.50
Each name over four to the extent not related to
a document listed in section 1.1.................. .50
Each page or part over four to the extent not
related to a document listed in section 1.1....... 2.00
Each marginal notation to the extent not related
to a document listed in section 1.1............... 2.00
State highway and/or mining plans - first page. 10.00
Each additional page....................... 3.00
Each name indexed.......................... .50
Subdivision plans - fee to be set by recorder of
deeds
Acknowledgments................................ 2.00
Searches:
Financial statements each debtor............... 5.00
Additional fee for each financing statement
found and for each statement of assignment
reported therein.................................. 1.00
Ownership...................................... 5.00
Change of name................................. 5.00
[Mortgage assignment........................... 5.00]
Ancillary transaction.......................... 5.00
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Copies:
Per page....................................... .50
Certification.................................. 1.50
Where no fee is specified in this section or in section 1.1
the fee shall be set by the recorder of deeds.
Section 2. The act is amended by adding a section to read:
Section 1.1. (a) In counties of the second A, third,
fourth, fifth, sixth, seventh and eighth classes, the fees of
the recorders of deeds for the instruments listed under
subsection (b) may not exceed the following:
(1) a fee of $50 for the first 50 pages of an
instrument;
(2) additional fees not to exceed $4 for each additional
page or fraction of a page exceeding 50 pages; and
(3) a fee of $1 per name in excess of 50 names.
(b) The instruments subject to a fee imposed under this
section shall include all of the following:
(1) Deeds in any form.
(2) Easements.
(3) Leases for a term of 30 years or longer.
(4) Installment sales agreements.
(5) Mortgages.
(6) Mortgage assignments.
(7) Mortgage modifications, extensions or any other
amendments to a mortgage.
(8) Mortgage releases.
(9) Mortgage satisfactions.
(10) Mortgage satisfaction pieces.
(11) Powers of attorney.
(12) Rights-of-way.
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(c) A county shall be subject to the following:
(1) Any additional fee established in accordance with 53
Pa.C.S. § 6011(a) (relating to affordable housing programs
fee in counties) shall be imposed at a flat rate not to
exceed 100% of fees collected under subsection (a).
(2) Any additional fee established in accordance with
the act of January 15, 1988 (P.L.1, No.1), known as the
Uniform Parcel Identifier Law, shall be imposed at a flat
rate per certification or uniform parcel identifier.
(d) Within 120 days of the effective date of this section,
the governing body of each county shall, by resolution or
ordinance, establish fees in accordance with subsections (a) and
(c), if applicable. No more frequently than every two years, a
county may adjust those fees within the limitations of this
section. At least 30 days prior to the enactment of an ordinance
or resolution under this subsection, the governing body of the
county shall obtain from the recorder of deeds an estimate of
the minimum fees necessary to fund operations of the office.
(e) Other than a fee established under this section or
another statutory fee, no fee may be charged by a recorder of
deeds for the recording of an instrument listed in subsection
(b) for or based on any of the following:
(1) Certification and seal.
(2) Number of pages.
(3) Number of names.
(4) Number of marginal references.
(5) Type of instrument.
(6) Rejection of instrument due to defect, regardless of
amount of times rejected.
(f) As used in this section, the following words and phrases
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shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Flat rate." A rate that does not vary based on any factor
under subsection (d).
"Recorder of deeds." A recorder of deeds or, in a home rule
county without a recorder of deeds, the officer with equivalent
powers and duties.
"Statutory fee." Any fee, tax or surcharge required by law
to be collected upon the recording of a document, including, but
not limited to, the surcharges imposed under section 2802-E of
the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, or section 1795.1-E of the act of
April 9, 1929 (P.L.343, No.176), known as The Fiscal Code.
Section 3. Section 2.1 of the act is amended to read:
Section 2.1. (a) There is hereby created a County Records
Improvement Fund in counties of the second A, third, fourth,
fifth, sixth, seventh and eighth classes and home rule charter
counties of these classes.
(b) In addition to the fee charged by a recorder of deeds or
by an equivalent officer in a home rule charter county, a flat
rate fee in the amount of [$5] $10 shall be charged and
collected for each document recorded. The fee shall be
distributed in the following manner:
(1) The amount of [$3] $5 shall be retained in a
separate fund within the office of the recorder of deeds to
be used, in accordance with regular county budgeting,
contracting and procurement practices, to support development
and improvement of office records management activities and
systems in the office of the recorder of deeds or in its
equivalent in a home rule charter county. Amounts in the
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separate fund shall not be used to substitute any allocations
of general revenues for the operation of the recorder's
office without the express consent of the recorder. The
separate fund shall be audited by the appropriate auditing
agency, and any unexpended balance, together with interest
earned on the separate fund, shall be left in the separate
fund to accumulate from year to year. Beginning with the
close of the fiscal year four years after the effective date
of this section and every four years thereafter, any
unencumbered funds remaining in the separate fund shall be
transferred to the County Records Improvement Fund.
(2) The amount of [$2] $5 shall be deposited in the
County Records Improvement Fund for use as prescribed in
subsection (c).
(c) Funds deposited in the County Records Improvement Fund
shall be expended in accordance with a comprehensive records
management plan based on the goal of standardizing and
equalizing the capabilities of all county offices consistent
with their need to receive, manage and provide information to
the public as efficiently as possible. The plan shall be
developed and administered in the following manner:
(1) Each county shall establish a County Records
Improvement Committee made up of the county commissioners,
sheriff, prothonotary, clerk of court, register of wills and
treasurer or their equivalent in a home rule charter county.
The County Records Improvement Committee shall assess the
relative records management capabilities and records
management needs of each office and develop recommendations
to the county commissioners for a comprehensive records
management plan consistent with the goal established in this
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subsection.
(2) The county commissioners or their equivalent in a
home rule charter county shall adopt and provide for
administration of a comprehensive records management plan
that is based on the recommendations of the County Records
Improvement Committee and is consistent with the goal
established in this subsection. The plan may be amended from
time to time in consultation with the County Records
Improvement Committee.
(3) The County Records Improvement Fund shall be
expended and administered consistent with regular county
budgeting, contracting and procurement practices and
administrative procedures. The County Records Improvement
Fund shall be audited by the appropriate auditing agency, and
any unexpended balance, together with interest earned on the
County Records Improvement Fund, shall be left in the County
Records Improvement Fund to accumulate from year to year.
Section 4. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the provisions of
this act.
(2) 53 Pa.C.S. § 6011(b) is repealed.
Section 5. This act shall take effect in 120 days.
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