Download Zipped Introduced WP 8.0 SB0222.ZIP 17,930 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 222
1
2
3
4
5 AN ACT RELATING TO COUNTY RECORDER; RECODIFYING COUNTY RECORDER
6 DUTIES TO REFLECT CURRENT CUSTOMS AND PROCEDURES; AND MAKING
7 TECHNICAL AND CONFORMING CHANGES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 17-21-1, as last amended by Chapters 32 and 227, Laws of Utah 1993
11 17-21-3, as last amended by Chapter 20, Laws of Utah 1980
12 17-21-4, Utah Code Annotated 1953
13 17-21-5, Utah Code Annotated 1953
14 17-21-6, as last amended by Chapter 69, Laws of Utah 1983
15 17-21-9, Utah Code Annotated 1953
16 17-21-10, Utah Code Annotated 1953
17 17-21-11, Utah Code Annotated 1953
18 17-21-12, as last amended by Chapter 33, Laws of Utah 1967
19 17-21-13, as last amended by Chapter 2, Laws of Utah 1982
20 17-21-14, Utah Code Annotated 1953
21 17-21-17, as repealed and reenacted by Chapter 50, Laws of Utah 1987
22 17-21-18, Utah Code Annotated 1953
23 17-21-19, as last amended by Chapter 50, Laws of Utah 1987
24 17-21-20, Utah Code Annotated 1953
25 17-21-21, as last amended by Chapter 92, Laws of Utah 1986
26 17-21-22, as last amended by Chapter 3, Laws of Utah 1988
27 17-21-25, as enacted by Chapter 25, Laws of Utah 1973
28 40-1-4, Utah Code Annotated 1953
29 40-1-6, as last amended by Chapter 79, Laws of Utah 1996
30 40-1-8, Utah Code Annotated 1953
31 40-1-9, Utah Code Annotated 1953
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 17-21-1 is amended to read:
34 17-21-1. Recorder -- Document custody responsibility.
35 The recorder has custody of, and [
36 required by law [
37 Section 2. Section 17-21-3 is amended to read:
38 17-21-3. Original documents or copies of original documents to be kept by the county.
39 [
40 the fees for [
41
42
43 procedures, the recorder shall keep the original document or a copy of the original document as
44 a public record in a form sufficient to meet the requirements of this chapter.
45 Section 3. Section 17-21-4 is amended to read:
46 17-21-4. Certified copies.
47 (1) The county recorder [
48 certified photographic copies of any of the records in [
49 interested person who pays the applicable fees and charges [
50 (2) The county recorder shall supply certified copies of [
51
52 payment of any fee.
53 Section 4. Section 17-21-5 is amended to read:
54 17-21-5. Receipts for documents received for record.
55 [
56
57
58 Section 5. Section 17-21-6 is amended to read:
59 17-21-6. General duties -- Records and indexes.
60 (1) Every recorder [
61 (a) keep[
62 [
63 reception [
64 date, the hour, the day of the month and the year of [
65 brief description of the premises, [
66 corresponding with the number of [
67 [
68 and final judgments or decrees partitioning or affecting the title to or possession of real property,
69 which shall show the entry number of the instrument, the name of each grantor in alphabetical
70 order, the name of the grantee, the date of the instrument, the time of [
71 of instrument, consideration, the book and page [
72 a brief description [
73 [
74 and final judgments or decrees partitioning or affecting the title to or possession of real property,
75 which shall show the entry number of the instrument, the name of each grantee in alphabetical
76 order, the name of the grantor, the date of the instrument, the time of [
77 of instrument, [
78 a brief description [
79 [
80 all mortgages, deeds of trust, liens, and [
81 upon real estate, which shall show the entry number of the instrument, the name of each
82 mortgagor, debtor, or person charged with the encumbrance in alphabetical order, the name of the
83 mortgagee, lien holder, creditor, or claimant, the date of the instrument, the time of [
84
85
86 [
87 mortgages, deeds of trust, liens, and [
88 real estate, which shall show the entry number of the instrument, the name of each mortgagee, lien
89 holder, creditor, or claimant, in alphabetical order, the name of the mortgagor or person charged
90 with the encumbrance, the date of the instrument, [
91 kind of instrument, the consideration, the book and page [
92
93 [
94
95 [
96 number [
97
98 [
99 [
100
101 and "the entry number[
102 (i) keep a miscellaneous index, in which the recorder shall enter all instruments of a
103 miscellaneous character not otherwise provided for in this section, showing: "the date of
104 recording," "the book," "page," "the entry number," "the kind of instrument," "from," "to,"
105 [
106 [
107
108
109 [
110 judgments," each page divided into [
111 "judgment creditors," "amount of judgment," [
112
113 [
114
115 law to be spread upon the records, and in separate columns [
116 names of the plaintiffs in the execution[
117
118
119 (2) The recorder shall alphabetically arrange the indexes required by this section and keep
120 a reverse index [
121 (3) The abstract record required by Subsection (1)(f) shall be kept so that it shows a true
122 chain of title to each tract or parcel, together with their encumbrances, according to the records of
123 the office.
124 [
125 using a single name index [
126 [
127 Section 6. Section 17-21-9 is amended to read:
128 17-21-9. Indexing of deeds and other instruments.
129 Deeds and other instruments affecting real estate made by a United States marshal, a
130 sheriff, master in chancery, special commissioner, executor, administrator, guardian, trustee, or
131 other person acting in behalf of another, shall be indexed in the name of the person whose land is
132 sold or affected as grantor[
133
134 Section 7. Section 17-21-10 is amended to read:
135 17-21-10. Judgments affecting real estate.
136 The recorder [
137 shall record a judgment affecting real estate or certified copies of final judgments or decrees
138 partitioning or affecting the title or possession of real property any part of which is [
139 in the county [
140 Section 8. Section 17-21-11 is amended to read:
141 17-21-11. Notice imparted by recording.
142 [
143
144 of the recorded document.
145 (2) Subsequent purchasers, mortgagees, and lien holders purchase and [
146 with the same notice and effect as if [
147 certified copy was the original document.
148 Section 9. Section 17-21-12 is amended to read:
149 17-21-12. Recording procedures -- Endorsements of entry number required on
150 documents.
151 When any instrument[
152 [
153 (1) endorse upon [
154 noting the year, month, day, hour, and minute of its reception, and the amount of fees for
155 recording[
156 (2) record the [
157 accepted, together with the acknowledgments, proofs, and certificates written upon or [
158
159
160 annexed to it.
161 Section 10. Section 17-21-13 is amended to read:
162 17-21-13. Endorsement of book and page -- Return of instrument.
163 (1) The recorder [
164 and page and [
165 (2) The recorder shall return the instrument to the appropriate party.
166 Section 11. Section 17-21-14 is amended to read:
167 17-21-14. Military records -- Evidence.
168 [
169
170 (a) record, free of charge, [
171 service of the United States, and any and all orders, citations, and decorations of honor relating to
172 [
173 States[
174 (b) furnish, free of charge, certified copies of any of [
175 to whom [
176 descendant of [
177 (2) Those certified copies may be read in evidence with the same effect as the original in
178 any action or proceeding before any court, commission, or other tribunal in this state.
179 Section 12. Section 17-21-17 is amended to read:
180 17-21-17. Prohibited acts.
181 [
182 to be recorded [
183 (1) neglect [
184 after [
185 (2) [
186 manner other than the manner required by this chapter; or
187 [
188 [
189 [
190
191 Section 13. Section 17-21-18 is amended to read:
192 17-21-18. Fees must be paid in advance.
193 The recorder [
194 any copies, or [
195
196 Section 14. Section 17-21-19 is amended to read:
197 17-21-19. Records open to inspection -- Copies.
198 (1) All [
199
200 free of charge during office hours.
201 (2) Any person copying or taking notes from [
202 recorder's office may do so only by pencil, typewriter, photocopy, microfilm, or electronic printout.
203 Section 15. Section 17-21-20 is amended to read:
204 17-21-20. Filing means recordation.
205 [
206 by law to be filed in the office of the county recorder shall be recorded unless otherwise provided.
207 Section 16. Section 17-21-21 is amended to read:
208 17-21-21. Ownership plats.
209 [
210 [
211 of each tract of land in the county, together with [
212 (2) The county recorder may not be required to:
213 (a) trace any title back of apparent ownership as of February 6, 1899, at 12 o'clock noon[
214
215 (b) show ownership of [
216 ownership plats; or
217 (c) show lot or unit ownership on subdivisions or condominium plats if that information
218 is available through computer systems or other indexes.
219 (3) Nothing in this chapter precludes the use of geographic information systems or
220 computer systems by the recorder if the systems include all of the information required by this
221 section.
222 Section 17. Section 17-21-22 is amended to read:
223 17-21-22. Annual revision -- Reporting changes in ownership to county assessors --
224 Costs, how borne.
225 (1) The county recorder shall[
226 (a) each year, prepare copies of ownership [
227 record owners at noon on January 1[
228 (b) on or before January 15 of each year, transmit the copies to the county assessor[
229 (c) report all changes in recorded ownership of real property made during the first seven
230 months of each calendar year [
231 later than August 15 of that year [
232 (d) for the remainder of the calendar year, report the changes in the ownership of real
233 property [
234 month [
235 following the month in which the changes were recorded [
236
237 (e) transmit the changes of ownership [
238
239 current owner's name and a full legal description of the property conveyed[
240 (f) where only a part of the grantor's property is [
241 transmit an additional form showing a full legal description of the portion retained. [
242
243
244
245
246
247
248
249 (2) Nothing in this chapter precludes the use of geographic information systems or
250 computer systems by the recorder if the systems include all of the information required by this
251 section.
252 (3) Not later than the first Monday in October of each year, the assessor may return the plat
253 books and descriptions to the recorder for extension, alterations, and carrying to date for the
254 ensuing year.
255 Section 18. Section 17-21-25 is amended to read:
256 17-21-25. Names of persons signing to be typed or printed on instruments presented
257 for recording.
258 (1) All instruments presented to the county recorder for [
259 or printed on them the names of all persons whose signatures appear on the instrument whose
260 names are required to be indexed. [
261 (2) The requirements of Subsection (1) do not affect the legality of the instrument to be
262 recorded.
263 Section 19. Section 40-1-4 is amended to read:
264 40-1-4. Copy of location notice to be recorded.
265 Within [
266 locator [
267 copy of the notice of location in the office of the county recorder of the county in which [
268 claim is situated [
269
270
271 Section 20. Section 40-1-6 is amended to read:
272 40-1-6. Affidavit of performance of annual labor or payment of maintenance fee.
273 (1) As used in this section, "assessment work" means the performance of labor or making
274 of improvements on or for the benefit of a mining claim.
275 (2) Within 30 days after the end of the annual period specified in 30 U.S.C. Sec. 28 the
276 owner of an unpatented lode or placer mining claim, or a mill or tunnel site claim or someone on
277 his behalf, shall [
278 the claim is located setting forth:
279 (a) the name and address of the owner of the claim;
280 (b) the name of the claim and the serial number, if any, assigned to the claim by the United
281 States Bureau of Land Management;
282 (c) if assessment work was required to be performed under 30 U.S.C. Sec. 28 or other
283 federal law to maintain the claim, a statement that the annual assessment work required to
284 maintain the claim was performed; and
285 (d) if the assessment work was not required to be performed under 30 U.S.C. Sec. 28 or
286 other federal law, a statement that it is the intention of the owner to hold the claim, and if a claim
287 maintenance fee was paid as required by the Omnibus Budget Reconciliation Act of 1993, Pub.
288 L. 103-66 or other federal law, a statement that the fee was paid in a timely manner.
289 (3) The affidavit, or a certified copy, shall be prima facie evidence of the facts stated in
290 the affidavit.
291 (4) The amendments made in this section do not affect any act or right accruing or which
292 has accrued or been established or any suit or proceeding commenced before May 1, 1995.
293 Section 21. Section 40-1-8 is amended to read:
294 40-1-8. Vacancy and removal -- County recorder to receive records.
295 [
296
297
298 to retain the custody and give certified copies of the records, [
299 having custody of the records [
300 of the county in which [
301 is situated[
302 (2) That county recorder shall take possession of [
303
304 copies of records and papers in [
305 (3) Those certified copies shall be receivable in evidence in all courts and before all
306 officers and tribunals.
307 (4) The production of a certified copy [
308 that [
309 Section 22. Section 40-1-9 is amended to read:
310 40-1-9. County recorder may certify district records.
311 [
312 district recorder have been deposited in the office of [
313 the recorder may make and certify copies [
314 (2) Those certified copies shall be receivable in all tribunals and before all officers of this
315 state in the same manner and to the same effect as if [
316 or made in the office of the county recorder.
Legislative Review Note
as of 2-16-99 10:57 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.