86^th Legislative Session _ 2011

Committee: 96, A, 3/7/2011 9:00:00 AM

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
Y    Feickert
Y    Boomgarden
Y    Cronin, Chair
Y    Frerichs
Y    Maher
Y    Rave, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Tim Rave, Chairman.

        SB 96: revise the fee schedule for certain documents filed with the county register of deeds.

Proponents:    Carrie Gonsor, SD Assn of County Officials (Handouts: #1)
        Chuck Schroyer, SD Land Title Association
Opponents:    Doug Abraham, SD Bankers Association
        Margo Northrup, SD Association of Rural Water Systems
        Justin Bell, DPC (Handouts: #2, #3)
        Donald Jacobson, SD Land Surveyor Association

MOTION:    AMEND SB 96

96ja

    On page 5, between lines 15 and 16 of the House Local Government Committee engrossed bill, insert:

"

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    Any document that does not conform to the requirements of subdivisions (1) to (6), inclusive, has the same effect as conforming documents for all recording purposes, including establishing priority.".

Moved by:    Frerichs
Second by:    Feickert
Action:    Prevailed by roll call vote. (6-0-0-0)

Voting Yes:    Feickert, Boomgarden, Cronin, Frerichs, Maher, Rave

MOTION:    AMEND SB 96

96fi

    On page 2, between lines 23 and 24 of the House Local Government Committee engrossed bill, insert:

"

    The sum of two dollars of the recording fee collected pursuant to subdivisions 7-9-1(1), (3), and (4) shall be deposited in the county register of deeds technology expense relief fund created pursuant to section 8 of this Act.".

    On page 3, between lines 3 and 4, insert:

"

    The sum of two dollars of the recording fee collected pursuant to this section shall be deposited in the county register of deeds technology expense relief fund created pursuant to this section.".

    On page 3, between lines 10 and 11, insert:

"

    The sum of two dollars of the recording fee collected pursuant to this section shall be deposited in the county register of deeds technology expense relief fund created pursuant to this section.".

    On page 5, after line 23 of the House Local Government Committee engrossed bill, insert:

"    Section 8. There is established a county registers of deeds technology expense relief fund administered by the South Dakota Association of County Officials and the county registers of deeds

technology expense relief board. Expenditures from the fund, including the cost to administer the program, shall be approved by the board.

    Moneys in the county registers of deeds technology expense relief fund may not be considered state funds. The fund is a supplemental fund and may not be construed to diminish the duty of the county governing body to provide funding for all salaries, expenses, and personnel necessary in the performance of the duties of the office pursuant to chapter 7-9 and to comply with the requirements of §§ 7-7-9.1, 7-7-10.1, and 7-8-20.

    Section 9. There is established a county technology expense relief board to consist of five county registers of deeds from participating counties appointed by the executive board of the association of county officials. Board members shall serve staggered terms of four years or until their term as county official has expired. Per diem costs for the board shall be established by the executive board of the association and shall be paid from funds collected by the association.

    Section 10. The board established in section 9 of this Act shall establish administrative rules pursuant to chapter 1-26 regarding the procedure and requirements for policies to facilitate the administration and distributions associated with the county registers of deeds technology expense relief fund.

    Section 11. The county register of deeds shall credit the fee deposited in the county registers of deeds technology expense relief fund pursuant to §§ 7-9-15, 11-3-11, and 43-15A-9 on or before the fifteenth day of the month following the collection of the recording fees.

    Section 12. The fiscal year for the fund shall run July first to June thirtieth. Prior to July thirty-first, the board shall calculate the actual disbursements from the county registers of deeds technology expense relief fee in the previous fiscal year and shall compute each county's share utilizing the formula established pursuant to sections 8 to 16, inclusive, of this Act. The board shall certify each county's share of the total fund and remit the share to the county auditor on or before the second Tuesday in August of each year.

    Section 13. On the second Tuesday in August of each year, the board shall disburse each county's share to the county auditor. The county auditor shall assign the disbursement a unique line item number. At the approval of the county commissioners, the disbursement shall be used to obtain, maintain, and update technology and equipment used to provide services for the office of the register of deeds. The first disbursement of this fund may not occur before August 14, 2012.

    Section 14. The county registers of deeds technology expense relief fund shall be audited annually by the appropriate auditing agency.

    Section 15. The board may accept any gifts, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of sections 8 to 16, inclusive, of this Act. The

administration and expenditure of these funds shall be in accordance with the provisions of sections 8 to 16, inclusive, of this Act.

    Section 16. If the county registers of deeds technology expense relief fund is discontinued, the board shall equally distribute the money in the fund to each county.".

Moved by:    Maher
Second by:    Cronin
Action:    Prevailed by roll call vote. (6-0-0-0)

Voting Yes:    Feickert, Boomgarden, Cronin, Frerichs, Maher, Rave

Recess until after Sesssion:

Reconvened at 4:50 P.M.

MOTION:    AMEND SB 96

96td

    On the House Local Government Committee engrossed bill, delete the previously adopted amendment (96fi).

    On page 1, line 9, after "dollars" insert ", and beginning July 1, 2012, thirty dollars".

    On page 2, line 12, after "dollars" insert ", and beginning July 1, 2012, thirty dollars".

    On page 2, between lines 23 and 24, insert:

"

    Twenty percent of the recording fee collected pursuant to subdivisions 7-9-1(1), (3), and (4) shall be deposited in the county register of deeds technology expense relief fund created pursuant to section 8 of this Act.".

    On page 5, after line 23 of the House Local Government Committee engrossed bill, insert:

"    Section 8. There is established a county registers of deeds technology expense relief fund administered by the South Dakota Association of County Officials and the county registers of deeds technology expense relief board. Expenditures from the fund, including the cost to administer the program, shall be approved by the board.

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    Moneys in the county registers of deeds technology expense relief fund may not be considered state funds. The fund is a supplemental fund and may not be construed to diminish the duty of the county governing body to provide funding for all salaries, expenses, and personnel necessary in the performance of the duties of the office pursuant to chapter 7-9 and to comply with the requirements of §§ 7-7-9.1, 7-7-10.1, and 7-8-20.

    Section 9. There is established a county technology expense relief board to consist of the county registers of deeds elected to the executive board of the South Dakota Association of County Officials. Per diem costs for the board shall be established by the executive board of the association and shall be paid from funds collected by the association.

    Section 10. The board established in section 9 of this Act shall promulgate administrative rules pursuant to chapter 1-26 regarding the procedure and requirements for policies to facilitate the administration and distributions associated with the county registers of deeds technology expense relief fund.

    Section 11. The county register of deeds shall credit the fee deposited in the county registers of deeds technology expense relief fund pursuant to § 7-9-15 on or before the fifteenth day of the month following the collection of the recording fees.

    Section 12. The fiscal year for the fund shall run July first to June thirtieth. Prior to July thirty-first, the board shall compute each county's share as provided in sections 13 of this Act. The board shall certify each county's share of the total fund and remit the share to the county auditor on or before the second Tuesday in August of each year.

    Section 13. Each county shall receive from the county registers of deeds technology expense relief fund assessment the following portions of the fund:

AURORA	1.033 %
BEADLE	2.945 %
BENNETT	0.562 %
BON HOMME	1.247 %
BROOKINGS	3.034 %
BROWN	4.671 %
BRULE	1.078 %
BUFFALO	0.249 %
BUTTE	1.173 %
CAMPBELL	0.667 %
CHARLES MIX	1.621 %
CLARK	1.318 %
CLAY	1.487 %
CODINGTON	2.872 %
CORSON	0.971 %
CUSTER	0.773 %
DAVISON	2.399 %
DAY	1.740 %
DEUEL	1.063 %
DEWEY	0.636 %
DOUGLAS	0.811 %
EDMUNDS	1.193 %
FALL RIVER	1.035 %
FAULK	0.986 %
GRANT	1.822 %
GREGORY	1.276 %
HAAKON	0.871 %
HAMLIN	1.025 %
HAND	1.274 %
HANSON	0.758 %
HARDING	0.802 %
HUGHES	1.720 %
HUTCHINSON	1.724 %
HYDE	0.518 %
JACKSON	0.580 %
JERAULD	0.707 %
JONES	0.546 %
KINGSBURY	1.527 %
LAKE	1.703 %
LAWRENCE	1.825 %
LINCOLN	2.069 %
LYMAN	0.953 %
McCOOK	1.066 %
McPHERSON	1.026 %
MARSHALL	1.286 %
MEADE	2.055 %
MELLETTE	0.553 %
MINER	0.944 %
MINNEHAHA	10.463 %
MOODY	1.308 %
PENNINGTON	5.862 %
PERKINS	1.418 %
POTTER	0.878 %
ROBERTS	1.881 %
SANBORN	0.874 %
SHANNON	0.297 %
SPINK	2.164 %
STANLEY	0.594 %
SULLY	0.803 %
TODD	0.536 %
TRIPP	1.633 %
TURNER	1.705 %
UNION	1.605 %
WALWORTH	1.144 %
YANKTON	2.296 %
ZIEBACH	0.418 %

    For purposes of this section, consolidated counties are considered as one county.

    Section 14. On the second Tuesday in August of each year, the board shall disburse each county's share to the county auditor. At the approval of the county commissioners, the disbursement shall be used to obtain, maintain, and update technology and equipment used to provide services for the office of the register of deeds. The first disbursement of this fund may not occur before August 14, 2012.

    Section 15. The county registers of deeds technology expense relief fund shall be audited annually by the appropriate auditing agency.

    Section 16. The board may accept any gifts, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of sections 8 to 17, inclusive, of this Act. The administration and expenditure of these funds shall be in accordance with the provisions of sections 8 to 17, inclusive, of this Act.

    Section 17. If the county registers of deeds technology expense relief fund is discontinued, the board shall equally distribute the money in the fund to each county.".

Proponents:    Carrie Gonsor, SD Assn of County Officials
Opponents:    Margo Northrup, SD Association of Rural Water Systems

Moved by:    Maher
Second by:    Frerichs
Action:    Prevailed by roll call vote. (6-0-0-0)

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Voting Yes:    Feickert, Boomgarden, Cronin, Frerichs, Maher, Rave

Recess until Tuesday, March 8, 2011 at 11:30 AM

Reconvened March 8, 2011 at 11:30 AM

MOTION:    APPROVE COMMITTEE REPORT FOR SB 96

Proponents:    Carrie Gonsor, SD Assn of County Officials
Opponents:    Margo Northrup, SD Association of Rural Water Systems

Moved by:    Maher
Second by:    Frerichs
Action:    Prevailed by roll call vote. (5-1-0-0)

Voting Yes:    Feickert, Cronin, Frerichs, Maher, Rave

Voting No:    Boomgarden

MOTION:    AMEND TITLE OF SB 96

96fta

    On page 1, line 2, of the House Local Government Committee engrossed bill, after "deeds" insert "to designate a portion of the fees to a county registers of deeds technology expense relief fund, and to create a fund and board to distribute and administer the fees deposited in the fund".

Moved by:    Cronin
Second by:    Feickert
Action:    Prevailed by voice vote.

MOTION:    ADJOURN

Moved by:    Feickert
Second by:    Frerichs
Action:    Prevailed by voice vote.

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Jeanette Black
Committee Secretary

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