EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 578
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BERNSKOETTER.
2052S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 59.319, 60.530, 60.560, 60.580, 60.590, 60.610, and 60.620, RSMo, and to
enact in lieu thereof six new sections relating to land surveying.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 59.319, 60.530, 60.560, 60.580, 1
60.590, 60.610, and 60.620, RSMo, are repealed and six new 2
sections enacted in lieu thereof, to be known as sections 3
59.319, 60.530, 60.560, 60.580, 60.590, and 60.610, to read as 4
follows:5
59.319. 1. A user fee of four dollars shall be 1
charged and collected by every recorder in this state, over 2
and above any other fees req uired by law, as a condition 3
precedent to the recording of any instrument. The state 4
portion of the fee shall be forwarded monthly by each 5
recorder of deeds to the state director of revenue, and the 6
fees so forwarded shall be deposited by the director in the 7
state treasury. Two dollars of such fee shall be retained 8
by the recorder and deposited in a recorder's fund and not 9
in county general revenue for record storage, microfilming, 10
and preservation, including anything necessarily pertaining 11
thereto. The recorder's funds shall be kept in a special 12
fund by the treasurer and shall be budgeted and expended at 13
the direction of the recorder and shall not be used to 14
substitute for or subsidize any allocation of general 15
revenue for the operation of t he recorder's office without 16
the express consent of the recorder. The recorder's fund 17
may be audited by the appropriate auditing agency, and any 18 SB 578 2
unexpended balance shall be left in the fund to accumulate 19
from year to year with interest. 20
2. An additional fee of three dollars shall be charged 21
and collected by every recorder in this state, over and 22
above any other fees required by law, as a condition 23
precedent to the recording of any instruments specified in 24
subdivisions (1) and (2) of subsection 1 of section 59.330. 25
The fees collected from this additional three dollars per 26
recorded instrument shall be forwarded monthly by each 27
recorder of deeds to the state director of revenue, and the 28
fees so forwarded shall be deposited by the director in the 29
state treasury. 30
3. The state treasurer and the commissioner of 31
administration shall establish an appropriate account within 32
the state treasury and in accordance with the state's 33
accounting methods. Any receipt required by this section to 34
be deposited in the state treasury shall be credited as 35
follows: 36
(1) The amount of one dollar for each fee collected 37
under subsection 1 of this section shall be paid to the 38
state treasurer and credited to the "Missouri Land Survey 39
Fund" which is hereby created to be utilized for the 40
purposes of sections 60.510 to [60.620] 60.610 and section 41
60.670. The state treasurer shall be custodian of the fund 42
and may approve disbursements from the fund in accordance 43
with sections 30.170 and 30.180. Any funds previously 44
collected by the state treasurer to be utilized for the 45
purposes of sections 60.510 to [60.620] 60.610 and section 46
60.670 shall transfer to the Missouri land survey fund. Any 47
portion of the fund not immediately needed for the purposes 48
authorized shall be invested by the state treasurer as 49
provided by the constitution and laws of this state. All 50 SB 578 3
income, interest, and moneys earned from such investments 51
shall be deposited in the Missouri land survey fund. Any 52
unexpended balance in the fund at the end of the fiscal year 53
is exempt from the provisions of section 33.080 relating to 54
the transfer of unexpended balances to the general revenue 55
fund; 56
(2) The amount of one dollar for each fee collected 57
under subsection 1 of this se ction to an account to be 58
utilized by the secretary of state for additional 59
preservation of local records; and 60
(3) The amount of three dollars collected under 61
subsection 2 of this section into the Missouri housing trust 62
fund as designated in sect ion 215.034. 63
60.530. The state land surveyor shall, under guidance 1
of the department of agriculture [and with the 2
recommendation of the land survey commission ], carry out the 3
routine functions and duties of the department of 4
agriculture, as prescribed in sections 60.510 to [60.620] 5
60.610 and section 60.670. He or she shall, whenever 6
practical, cause all land surveys, except geodetic surveys, 7
to be executed, under his or her direction by the registered 8
county surveyor or a local registered land surveyor when no 9
registered county surveyor exists. He or she shall perform 10
such other work and acts as shall, in the judgment of the 11
department of agriculture [and with the recommendation of 12
the land survey commission ], be necessary and proper to 13
carry out the objectives of sections 60.510 to [60.620] 14
60.610 and section 60.670 and, within the limits of 15
appropriations made therefor and subject to the approval of 16
the department of agriculture, employ and fix the 17
compensation of such additional employees as may be 18 SB 578 4
necessary to carry out the provisions of sections 60.510 to 19
[60.620] 60.610 and section 60.670. 20
60.560. Upon their request, the state attorney general 1
shall advise [the land survey commission or ] the department 2
of agriculture or the state land surveyor with respect to 3
any legal matter, and shall represent the [land survey 4
commission or] department of agriculture in any proceeding 5
in any court of the state in which the [land survey 6
commission or] land survey program shall be a party. 7
60.580. The state land surveyor or any and all 1
employees of the department of agriculture have the right to 2
enter upon private property for the purpose of making 3
surveys, or for searching for, loc ating, relocating, or 4
remonumenting land monuments, leveling stations, or section 5
corners. Should any of these persons necessarily damage 6
property of the owner in making the surveys or searches or 7
remonumentations, the department of agriculture may ma ke 8
reasonable payment for the damage from funds available for 9
that purpose. However, department of agriculture employees 10
are personally liable for any damage caused by their 11
wantonness, willfulness or negligence. All department of 12
agriculture employees are immune from arrest for trespass in 13
performing their legal duties as stated in sections 60.510 14
to [60.620] 60.610 and section 60.670. 15
60.590. 1. On request of the department of 1
agriculture or the state land surveyor, all city and county 2
recorders of deeds, together with all departments, boards or 3
agencies of state government, county, or city government, 4
shall furnish to the department of agriculture or the state 5
land surveyor certified copies of desired records which are 6
in their custody. This service shall be free of cost when 7
possible; otherwise, it shall be at actual cost of 8 SB 578 5
reproduction of the records. On the same basis of cost, the 9
department of agriculture shall furnish records within its 10
custody to other agenc ies or departments of state, county or 11
city, certifying them. 12
2. The department of agriculture may produce, 13
reproduce and sell maps, plats, reports, studies, and 14
records, and [the commission shall recommend to the 15
department of agriculture the ch arges therefor] may 16
establish by rule the fees necessary to reflect the costs 17
associated with the production or reproduction under this 18
subsection. All income received shall be promptly deposited 19
in the state treasury to the credit of the department o f 20
agriculture land survey revolving services fund. Any rule 21
or portion of a rule, as that term is defined in section 22
536.010, that is created under the authority delegated in 23
this section shall become effective only if it complies with 24
and is subject to all of the provisions of chapter 536 and, 25
if applicable, section 536.028. This section and chapter 26
536 are nonseverable and if any of the powers vested with 27
the general assembly pursuant to chapter 536 to review, to 28
delay the effective date, or to disapprove and annul a rule 29
are subsequently held unconstitutional, then the grant of 30
rulemaking authority and any rule proposed or adopted after 31
August 28, 2025, shall be invalid and void. 32
60.610. Whenever the department of agricul ture deems 1
it expedient, and when funds appropriated permit, the 2
department of agriculture may enter into any contract with 3
agencies of the United States, with agencies of other 4
states, or with private persons, registered land surveyors 5
or professional engineers, in order to plan and execute 6
desired land surveys or geodetic surveys, or to plan and 7
execute other projects which are within the scope and 8 SB 578 6
purpose of sections 60.510 to [60.620] 60.610 and section 9
60.670. 10
[60.620. 1. There is hereby created the 1
"Land Survey Commission", within the department 2
of agriculture. The commission shall consist of 3
seven members, six of whom shall be appointed by 4
the governor. Members shall reside in this 5
state. Members of the commission shall hold 6
office for terms of three years, but of the 7
original appointments, two members shall serve 8
for one year, two members shall serve for two 9
years, and two members shall serve for three 10
years. Members may serve only three consecutive 11
terms on the commission. 12
2. The land survey commission shall 13
consist of the following persons: 14
(1) Four members who shall be registered 15
land surveyors, one of which shall be a county 16
surveyor; 17
(2) One member who shall represent the 18
real estate or land title industry; 19
(3) One member who shall represent the 20
public and have an interest in and knowledge of 21
land surveying; and 22
(4) The director of the department of 23
agriculture or his or her designee. 24
The members in subdivisions (1) to (3) of this 25
subsection shall be appointed by the governor 26
with advice and consent of the senate and each 27
shall serve until his or her successor is duly 28
appointed. 29
3. The land survey commission shall elect 30
a chairman annually. The commission shall meet 31
semiannually and at other such times as called 32
by the chairman of the commission and shall have 33
a quorum when at least four members are present. 34
4. The land survey commission members 35
shall serve without compensation but shall be 36
reimbursed for actual and necessary expenses 37
incurred in the performance of their official 38
duties. 39
5. The land survey commission shall 40
provide the director of the department of 41 SB 578 7
agriculture and the state land surveyor with 42
recommendations on the opera tion and the 43
planning and prioritization of the land survey 44
program and the design of regulations needed to 45
carry out the functions, duties, and 46
responsibilities of the department of 47
agriculture in sections 60.510 to 60.620 and 48
section 60.670. 49
6. The land survey commission shall 50
recommend to the department of agriculture: 51
(1) A person to be selected and appointed 52
state land surveyor, who shall be the chief 53
administrative officer of the land survey 54
program. The state land surveyor shal l be 55
selected on the basis of professional experience 56
and registration; 57
(2) Prioritization and execution of 58
projects which are within the scope and purpose 59
of sections 60.510 to 60.620 and section 60.670; 60
(3) Prioritization and selection of public 61
land survey corner monuments to be reestablished 62
through the county cooperative contracts in 63
accordance with sections 8.285 to 8.291; and 64
(4) Approval of all other contracts for 65
the planning and execution of projects which are 66
within the scope and purpose of sections 60.510 67
to 60.620 and section 60.670 and in accordance 68
with sections 8.285 to 8.291. 69
7. The commission shall, at least 70
annually, prepare a report, which shall be 71
available to the general public, of the review 72
by the commission of the land survey program, 73
stating its findings, conclusions, and 74
recommendations to the director. 75
8. By December 1, 2013, the commission 76
shall provide a report to the department of 77
agriculture and general assembly that recommends 78
the appropriate administrative or overhead cost 79
rate that will be charged to the program, where 80
such cost rate shall include all indirect 81
services provided by the department of 82
agriculture and office of administration. ] 83