| 1 | 1 | | |
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| 2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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| 3 | 3 | | and is intended to be omitted in the law. |
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| 4 | 4 | | FIRST REGULAR SESSION |
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| 5 | 5 | | SENATE BILL NO. 578 |
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| 6 | 6 | | 103RD GENERAL ASSEMBLY |
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| 7 | 7 | | INTRODUCED BY SENATOR BERNSKOETTER. |
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| 8 | 8 | | 2052S.01I KRISTINA MARTIN, Secretary |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | To repeal sections 59.319, 60.530, 60.560, 60.580, 60.590, 60.610, and 60.620, RSMo, and to |
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| 11 | 11 | | enact in lieu thereof six new sections relating to land surveying. |
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| 12 | 12 | | |
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| 13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 14 | 14 | | Section A. Sections 59.319, 60.530, 60.560, 60.580, 1 |
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| 15 | 15 | | 60.590, 60.610, and 60.620, RSMo, are repealed and six new 2 |
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| 16 | 16 | | sections enacted in lieu thereof, to be known as sections 3 |
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| 17 | 17 | | 59.319, 60.530, 60.560, 60.580, 60.590, and 60.610, to read as 4 |
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| 18 | 18 | | follows:5 |
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| 19 | 19 | | 59.319. 1. A user fee of four dollars shall be 1 |
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| 20 | 20 | | charged and collected by every recorder in this state, over 2 |
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| 21 | 21 | | and above any other fees req uired by law, as a condition 3 |
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| 22 | 22 | | precedent to the recording of any instrument. The state 4 |
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| 23 | 23 | | portion of the fee shall be forwarded monthly by each 5 |
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| 24 | 24 | | recorder of deeds to the state director of revenue, and the 6 |
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| 25 | 25 | | fees so forwarded shall be deposited by the director in the 7 |
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| 26 | 26 | | state treasury. Two dollars of such fee shall be retained 8 |
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| 27 | 27 | | by the recorder and deposited in a recorder's fund and not 9 |
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| 28 | 28 | | in county general revenue for record storage, microfilming, 10 |
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| 29 | 29 | | and preservation, including anything necessarily pertaining 11 |
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| 30 | 30 | | thereto. The recorder's funds shall be kept in a special 12 |
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| 31 | 31 | | fund by the treasurer and shall be budgeted and expended at 13 |
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| 32 | 32 | | the direction of the recorder and shall not be used to 14 |
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| 33 | 33 | | substitute for or subsidize any allocation of general 15 |
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| 34 | 34 | | revenue for the operation of t he recorder's office without 16 |
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| 35 | 35 | | the express consent of the recorder. The recorder's fund 17 |
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| 36 | 36 | | may be audited by the appropriate auditing agency, and any 18 SB 578 2 |
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| 37 | 37 | | unexpended balance shall be left in the fund to accumulate 19 |
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| 38 | 38 | | from year to year with interest. 20 |
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| 39 | 39 | | 2. An additional fee of three dollars shall be charged 21 |
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| 40 | 40 | | and collected by every recorder in this state, over and 22 |
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| 41 | 41 | | above any other fees required by law, as a condition 23 |
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| 42 | 42 | | precedent to the recording of any instruments specified in 24 |
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| 43 | 43 | | subdivisions (1) and (2) of subsection 1 of section 59.330. 25 |
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| 44 | 44 | | The fees collected from this additional three dollars per 26 |
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| 45 | 45 | | recorded instrument shall be forwarded monthly by each 27 |
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| 46 | 46 | | recorder of deeds to the state director of revenue, and the 28 |
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| 47 | 47 | | fees so forwarded shall be deposited by the director in the 29 |
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| 48 | 48 | | state treasury. 30 |
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| 49 | 49 | | 3. The state treasurer and the commissioner of 31 |
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| 50 | 50 | | administration shall establish an appropriate account within 32 |
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| 51 | 51 | | the state treasury and in accordance with the state's 33 |
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| 52 | 52 | | accounting methods. Any receipt required by this section to 34 |
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| 53 | 53 | | be deposited in the state treasury shall be credited as 35 |
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| 54 | 54 | | follows: 36 |
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| 55 | 55 | | (1) The amount of one dollar for each fee collected 37 |
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| 56 | 56 | | under subsection 1 of this section shall be paid to the 38 |
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| 57 | 57 | | state treasurer and credited to the "Missouri Land Survey 39 |
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| 58 | 58 | | Fund" which is hereby created to be utilized for the 40 |
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| 59 | 59 | | purposes of sections 60.510 to [60.620] 60.610 and section 41 |
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| 60 | 60 | | 60.670. The state treasurer shall be custodian of the fund 42 |
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| 61 | 61 | | and may approve disbursements from the fund in accordance 43 |
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| 62 | 62 | | with sections 30.170 and 30.180. Any funds previously 44 |
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| 63 | 63 | | collected by the state treasurer to be utilized for the 45 |
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| 64 | 64 | | purposes of sections 60.510 to [60.620] 60.610 and section 46 |
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| 65 | 65 | | 60.670 shall transfer to the Missouri land survey fund. Any 47 |
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| 66 | 66 | | portion of the fund not immediately needed for the purposes 48 |
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| 67 | 67 | | authorized shall be invested by the state treasurer as 49 |
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| 68 | 68 | | provided by the constitution and laws of this state. All 50 SB 578 3 |
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| 69 | 69 | | income, interest, and moneys earned from such investments 51 |
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| 70 | 70 | | shall be deposited in the Missouri land survey fund. Any 52 |
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| 71 | 71 | | unexpended balance in the fund at the end of the fiscal year 53 |
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| 72 | 72 | | is exempt from the provisions of section 33.080 relating to 54 |
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| 73 | 73 | | the transfer of unexpended balances to the general revenue 55 |
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| 74 | 74 | | fund; 56 |
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| 75 | 75 | | (2) The amount of one dollar for each fee collected 57 |
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| 76 | 76 | | under subsection 1 of this se ction to an account to be 58 |
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| 77 | 77 | | utilized by the secretary of state for additional 59 |
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| 78 | 78 | | preservation of local records; and 60 |
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| 79 | 79 | | (3) The amount of three dollars collected under 61 |
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| 80 | 80 | | subsection 2 of this section into the Missouri housing trust 62 |
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| 81 | 81 | | fund as designated in sect ion 215.034. 63 |
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| 82 | 82 | | 60.530. The state land surveyor shall, under guidance 1 |
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| 83 | 83 | | of the department of agriculture [and with the 2 |
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| 84 | 84 | | recommendation of the land survey commission ], carry out the 3 |
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| 85 | 85 | | routine functions and duties of the department of 4 |
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| 86 | 86 | | agriculture, as prescribed in sections 60.510 to [60.620] 5 |
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| 87 | 87 | | 60.610 and section 60.670. He or she shall, whenever 6 |
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| 88 | 88 | | practical, cause all land surveys, except geodetic surveys, 7 |
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| 89 | 89 | | to be executed, under his or her direction by the registered 8 |
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| 90 | 90 | | county surveyor or a local registered land surveyor when no 9 |
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| 91 | 91 | | registered county surveyor exists. He or she shall perform 10 |
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| 92 | 92 | | such other work and acts as shall, in the judgment of the 11 |
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| 93 | 93 | | department of agriculture [and with the recommendation of 12 |
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| 94 | 94 | | the land survey commission ], be necessary and proper to 13 |
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| 95 | 95 | | carry out the objectives of sections 60.510 to [60.620] 14 |
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| 96 | 96 | | 60.610 and section 60.670 and, within the limits of 15 |
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| 97 | 97 | | appropriations made therefor and subject to the approval of 16 |
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| 98 | 98 | | the department of agriculture, employ and fix the 17 |
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| 99 | 99 | | compensation of such additional employees as may be 18 SB 578 4 |
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| 100 | 100 | | necessary to carry out the provisions of sections 60.510 to 19 |
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| 101 | 101 | | [60.620] 60.610 and section 60.670. 20 |
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| 102 | 102 | | 60.560. Upon their request, the state attorney general 1 |
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| 103 | 103 | | shall advise [the land survey commission or ] the department 2 |
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| 104 | 104 | | of agriculture or the state land surveyor with respect to 3 |
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| 105 | 105 | | any legal matter, and shall represent the [land survey 4 |
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| 106 | 106 | | commission or] department of agriculture in any proceeding 5 |
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| 107 | 107 | | in any court of the state in which the [land survey 6 |
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| 108 | 108 | | commission or] land survey program shall be a party. 7 |
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| 109 | 109 | | 60.580. The state land surveyor or any and all 1 |
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| 110 | 110 | | employees of the department of agriculture have the right to 2 |
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| 111 | 111 | | enter upon private property for the purpose of making 3 |
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| 112 | 112 | | surveys, or for searching for, loc ating, relocating, or 4 |
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| 113 | 113 | | remonumenting land monuments, leveling stations, or section 5 |
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| 114 | 114 | | corners. Should any of these persons necessarily damage 6 |
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| 115 | 115 | | property of the owner in making the surveys or searches or 7 |
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| 116 | 116 | | remonumentations, the department of agriculture may ma ke 8 |
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| 117 | 117 | | reasonable payment for the damage from funds available for 9 |
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| 118 | 118 | | that purpose. However, department of agriculture employees 10 |
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| 119 | 119 | | are personally liable for any damage caused by their 11 |
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| 120 | 120 | | wantonness, willfulness or negligence. All department of 12 |
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| 121 | 121 | | agriculture employees are immune from arrest for trespass in 13 |
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| 122 | 122 | | performing their legal duties as stated in sections 60.510 14 |
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| 123 | 123 | | to [60.620] 60.610 and section 60.670. 15 |
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| 124 | 124 | | 60.590. 1. On request of the department of 1 |
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| 125 | 125 | | agriculture or the state land surveyor, all city and county 2 |
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| 126 | 126 | | recorders of deeds, together with all departments, boards or 3 |
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| 127 | 127 | | agencies of state government, county, or city government, 4 |
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| 128 | 128 | | shall furnish to the department of agriculture or the state 5 |
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| 129 | 129 | | land surveyor certified copies of desired records which are 6 |
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| 130 | 130 | | in their custody. This service shall be free of cost when 7 |
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| 131 | 131 | | possible; otherwise, it shall be at actual cost of 8 SB 578 5 |
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| 132 | 132 | | reproduction of the records. On the same basis of cost, the 9 |
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| 133 | 133 | | department of agriculture shall furnish records within its 10 |
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| 134 | 134 | | custody to other agenc ies or departments of state, county or 11 |
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| 135 | 135 | | city, certifying them. 12 |
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| 136 | 136 | | 2. The department of agriculture may produce, 13 |
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| 137 | 137 | | reproduce and sell maps, plats, reports, studies, and 14 |
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| 138 | 138 | | records, and [the commission shall recommend to the 15 |
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| 139 | 139 | | department of agriculture the ch arges therefor] may 16 |
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| 140 | 140 | | establish by rule the fees necessary to reflect the costs 17 |
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| 141 | 141 | | associated with the production or reproduction under this 18 |
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| 142 | 142 | | subsection. All income received shall be promptly deposited 19 |
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| 143 | 143 | | in the state treasury to the credit of the department o f 20 |
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| 144 | 144 | | agriculture land survey revolving services fund. Any rule 21 |
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| 145 | 145 | | or portion of a rule, as that term is defined in section 22 |
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| 146 | 146 | | 536.010, that is created under the authority delegated in 23 |
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| 147 | 147 | | this section shall become effective only if it complies with 24 |
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| 148 | 148 | | and is subject to all of the provisions of chapter 536 and, 25 |
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| 149 | 149 | | if applicable, section 536.028. This section and chapter 26 |
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| 150 | 150 | | 536 are nonseverable and if any of the powers vested with 27 |
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| 151 | 151 | | the general assembly pursuant to chapter 536 to review, to 28 |
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| 152 | 152 | | delay the effective date, or to disapprove and annul a rule 29 |
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| 153 | 153 | | are subsequently held unconstitutional, then the grant of 30 |
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| 154 | 154 | | rulemaking authority and any rule proposed or adopted after 31 |
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| 155 | 155 | | August 28, 2025, shall be invalid and void. 32 |
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| 156 | 156 | | 60.610. Whenever the department of agricul ture deems 1 |
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| 157 | 157 | | it expedient, and when funds appropriated permit, the 2 |
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| 158 | 158 | | department of agriculture may enter into any contract with 3 |
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| 159 | 159 | | agencies of the United States, with agencies of other 4 |
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| 160 | 160 | | states, or with private persons, registered land surveyors 5 |
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| 161 | 161 | | or professional engineers, in order to plan and execute 6 |
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| 162 | 162 | | desired land surveys or geodetic surveys, or to plan and 7 |
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| 163 | 163 | | execute other projects which are within the scope and 8 SB 578 6 |
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| 164 | 164 | | purpose of sections 60.510 to [60.620] 60.610 and section 9 |
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| 165 | 165 | | 60.670. 10 |
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| 166 | 166 | | [60.620. 1. There is hereby created the 1 |
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| 167 | 167 | | "Land Survey Commission", within the department 2 |
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| 168 | 168 | | of agriculture. The commission shall consist of 3 |
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| 169 | 169 | | seven members, six of whom shall be appointed by 4 |
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| 170 | 170 | | the governor. Members shall reside in this 5 |
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| 171 | 171 | | state. Members of the commission shall hold 6 |
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| 172 | 172 | | office for terms of three years, but of the 7 |
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| 173 | 173 | | original appointments, two members shall serve 8 |
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| 174 | 174 | | for one year, two members shall serve for two 9 |
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| 175 | 175 | | years, and two members shall serve for three 10 |
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| 176 | 176 | | years. Members may serve only three consecutive 11 |
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| 177 | 177 | | terms on the commission. 12 |
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| 178 | 178 | | 2. The land survey commission shall 13 |
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| 179 | 179 | | consist of the following persons: 14 |
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| 180 | 180 | | (1) Four members who shall be registered 15 |
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| 181 | 181 | | land surveyors, one of which shall be a county 16 |
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| 182 | 182 | | surveyor; 17 |
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| 183 | 183 | | (2) One member who shall represent the 18 |
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| 184 | 184 | | real estate or land title industry; 19 |
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| 185 | 185 | | (3) One member who shall represent the 20 |
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| 186 | 186 | | public and have an interest in and knowledge of 21 |
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| 187 | 187 | | land surveying; and 22 |
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| 188 | 188 | | (4) The director of the department of 23 |
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| 189 | 189 | | agriculture or his or her designee. 24 |
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| 190 | 190 | | The members in subdivisions (1) to (3) of this 25 |
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| 191 | 191 | | subsection shall be appointed by the governor 26 |
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| 192 | 192 | | with advice and consent of the senate and each 27 |
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| 193 | 193 | | shall serve until his or her successor is duly 28 |
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| 194 | 194 | | appointed. 29 |
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| 195 | 195 | | 3. The land survey commission shall elect 30 |
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| 196 | 196 | | a chairman annually. The commission shall meet 31 |
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| 197 | 197 | | semiannually and at other such times as called 32 |
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| 198 | 198 | | by the chairman of the commission and shall have 33 |
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| 199 | 199 | | a quorum when at least four members are present. 34 |
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| 200 | 200 | | 4. The land survey commission members 35 |
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| 201 | 201 | | shall serve without compensation but shall be 36 |
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| 202 | 202 | | reimbursed for actual and necessary expenses 37 |
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| 203 | 203 | | incurred in the performance of their official 38 |
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| 204 | 204 | | duties. 39 |
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| 205 | 205 | | 5. The land survey commission shall 40 |
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| 206 | 206 | | provide the director of the department of 41 SB 578 7 |
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| 207 | 207 | | agriculture and the state land surveyor with 42 |
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| 208 | 208 | | recommendations on the opera tion and the 43 |
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| 209 | 209 | | planning and prioritization of the land survey 44 |
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| 210 | 210 | | program and the design of regulations needed to 45 |
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| 211 | 211 | | carry out the functions, duties, and 46 |
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| 212 | 212 | | responsibilities of the department of 47 |
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| 213 | 213 | | agriculture in sections 60.510 to 60.620 and 48 |
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| 214 | 214 | | section 60.670. 49 |
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| 215 | 215 | | 6. The land survey commission shall 50 |
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| 216 | 216 | | recommend to the department of agriculture: 51 |
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| 217 | 217 | | (1) A person to be selected and appointed 52 |
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| 218 | 218 | | state land surveyor, who shall be the chief 53 |
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| 219 | 219 | | administrative officer of the land survey 54 |
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| 220 | 220 | | program. The state land surveyor shal l be 55 |
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| 221 | 221 | | selected on the basis of professional experience 56 |
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| 222 | 222 | | and registration; 57 |
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| 223 | 223 | | (2) Prioritization and execution of 58 |
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| 224 | 224 | | projects which are within the scope and purpose 59 |
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| 225 | 225 | | of sections 60.510 to 60.620 and section 60.670; 60 |
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| 226 | 226 | | (3) Prioritization and selection of public 61 |
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| 227 | 227 | | land survey corner monuments to be reestablished 62 |
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| 228 | 228 | | through the county cooperative contracts in 63 |
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| 229 | 229 | | accordance with sections 8.285 to 8.291; and 64 |
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| 230 | 230 | | (4) Approval of all other contracts for 65 |
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| 231 | 231 | | the planning and execution of projects which are 66 |
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| 232 | 232 | | within the scope and purpose of sections 60.510 67 |
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| 233 | 233 | | to 60.620 and section 60.670 and in accordance 68 |
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| 234 | 234 | | with sections 8.285 to 8.291. 69 |
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| 235 | 235 | | 7. The commission shall, at least 70 |
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| 236 | 236 | | annually, prepare a report, which shall be 71 |
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| 237 | 237 | | available to the general public, of the review 72 |
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| 238 | 238 | | by the commission of the land survey program, 73 |
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| 239 | 239 | | stating its findings, conclusions, and 74 |
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| 240 | 240 | | recommendations to the director. 75 |
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| 241 | 241 | | 8. By December 1, 2013, the commission 76 |
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| 242 | 242 | | shall provide a report to the department of 77 |
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| 243 | 243 | | agriculture and general assembly that recommends 78 |
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| 244 | 244 | | the appropriate administrative or overhead cost 79 |
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| 245 | 245 | | rate that will be charged to the program, where 80 |
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| 246 | 246 | | such cost rate shall include all indirect 81 |
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| 247 | 247 | | services provided by the department of 82 |
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| 248 | 248 | | agriculture and office of administration. ] 83 |
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| 249 | 249 | | |
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