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Missouri General Assembly· SB 938Signed by Governor

Modifies certain provisions relating to land surveying, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Missouri General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
SECOND REGULAR SESSION
                    [TRULY AGREED TO AND FINALLY PASSED]

           SENATE BILL NO. 938

           103RD GENERAL ASSEMBLY
                            2026

5423S.01T

           AN ACT

To repeal sections 59.319 and 60.590, RSMo, and to enact in lieu thereof two new sections relating
             to land surveying.

Be it enacted by the General Assembly of the State of Missouri, as follows:

1          Section A. Sections 59.319 and 60.590, RSMo, are repealed

2 and two new sections enacted in lieu thereof, to be known as

3 sections 59.319 and 60.590, to read as follows:

1          59.319. 1. A user fee of [four] six dollars shall be

2 charged and collected by every recorder in this state, over

3 and above any other fees required by law, as a condition

4 precedent to the recording of any instrument. The state

5 portion of the fee shall be forwarded monthly by each

6 recorder of deeds to the state director of revenue, and the

7 fees so forwarded shall be deposited by the director in the

8 state treasury. [Two] Three dollars of such fee shall be

9 retained by the recorder and deposited in a recorder's fund

10 and not in county general revenue for record storage,

11 microfilming, and preservation, including anything

12 necessarily pertaining thereto. The recorder's funds shall

13 be kept in a special fund by the treasurer and shall be

14 budgeted and expended at the direction of the recorder and

15 shall not be used to substitute for or subsidize any

16 allocation of general revenue for the operation of the

17 recorder's office without the express consent of the

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
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18 recorder. The recorder's fund may be audited by the

19 appropriate auditing agency, and any unexpended balance

20 shall be left in the fund to accumulate from year to year

21 with interest.

22          2. An additional fee of three dollars shall be charged

23 and collected by every recorder in this state, over and

24 above any other fees required by law, as a condition

25 precedent to the recording of any instruments specified in

26 subdivisions (1) and (2) of subsection 1 of section 59.330.

27 The fees collected from this additional three dollars per

28 recorded instrument shall be forwarded monthly by each

29 recorder of deeds to the state director of revenue, and the

30 fees so forwarded shall be deposited by the director in the

31 state treasury.

32          3. The state treasurer and the commissioner of

33 administration shall establish an appropriate account within

34 the state treasury and in accordance with the state's

35 accounting methods. Any receipt required by this section to

36 be deposited in the state treasury shall be credited as

37 follows:

38          (1) The amount of [one dollar] two dollars for each

39 fee collected under subsection 1 of this section shall be

40 paid to the state treasurer and credited to the "Missouri

41 Land Survey Fund" which is hereby created to be utilized for

42 the purposes of sections 60.510 to 60.620 and section

43 60.670. The state treasurer shall be custodian of the fund

44 and may approve disbursements from the fund in accordance

45 with sections 30.170 and 30.180. Any funds previously

46 collected by the state treasurer to be utilized for the

47 purposes of sections 60.510 to 60.620 and section 60.670

48 shall transfer to the Missouri land survey fund. Any

49 portion of the fund not immediately needed for the purposes
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50 authorized shall be invested by the state treasurer as

51 provided by the constitution and laws of this state. All

52 income, interest, and moneys earned from such investments

53 shall be deposited in the Missouri land survey fund. Any

54 unexpended balance in the fund at the end of the fiscal year

55 is exempt from the provisions of section 33.080 relating to

56 the transfer of unexpended balances to the general revenue

57 fund;

58          (2) The amount of one dollar for each fee collected

59 under subsection 1 of this section to an account to be

60 utilized by the secretary of state for additional

61 preservation of local records; and

62          (3) The amount of three dollars collected under

63 subsection 2 of this section into the Missouri housing trust

64 fund as designated in section 215.034.

1           60.590. 1. On request of the department of

2 agriculture or the state land surveyor, all city and county

3 recorders of deeds, together with all departments, boards or

4 agencies of state government, county, or city government,

5 shall furnish to the department of agriculture or the state

6 land surveyor certified copies of desired records which are

7 in their custody. This service shall be free of cost when

8 possible; otherwise, it shall be at actual cost of

9 reproduction of the records. On the same basis of cost, the

10 department of agriculture shall furnish records within its

11 custody to other agencies or departments of state, county or

12 city, certifying them.

13          2. The department of agriculture may produce,

14 reproduce and sell maps, plats, reports, studies, and

15 records, and shall establish by rule the fees necessary to

16 reflect the costs associated with the production and

17 reproduction under this section. The commission shall
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18 recommend to the department of agriculture the charges
19 therefor. All income received shall be promptly deposited
20 in the state treasury to the credit of the department of
21 agriculture land survey revolving services fund. Any rule
22 or portion of a rule, as that term is defined in section
23 536.010, that is created under the authority delegated in
24 this section shall become effective only if it complies with
25 and is subject to all of the provisions of chapter 536 and,
26 if applicable, section 536.028. This section and chapter
27 536 are nonseverable and if any of the powers vested with
28 the general assembly pursuant to chapter 536 to review, to
29 delay the effective date, or to disapprove and annul a rule
30 are subsequently held unconstitutional, then the grant of
31 rulemaking authority and any rule proposed or adopted after
32 August 28, 2026, shall be invalid and void.

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