1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill provides for the redaction of certain personal information from a copy of an
10 originally recorded instrument.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that an individual may request that a county recorder create a copy of an
14 originally recorded instrument and redact the individual's personal information on
15 the copy of the originally recorded instrument;
16 ▸ provides that certain persons may access the originally recorded instrument that is
17 not redacted; and
18 ▸ authorizes county recorders to charge a $5 fee for each request to redact personal
19 information from the copy of originally recorded instruments.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 17-21-17, as last amended by Laws of Utah 2008, Chapter 382
27 17-21-18.5, as last amended by Laws of Utah 2022, Chapters 415, 450
28 17-21-19, as last amended by Laws of Utah 2008, Chapter 382
29 ENACTS:
30 17-21-12.5, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 17-21-12.5 is enacted to read:
34 17-21-12.5. Redacting personal information.
35 (1) As used in this section, "personal information" means:
36 (a) a signature;
37 (b) the first five digits of a social security number; or
38 (c) the month and day of the month of a birth date.
39 (2) (a) An individual may request, in accordance with Subsection (3), to have the
40 county recorder create a redacted version of a previously recorded instrument.
41 (b) The redacted version of a previously recorded instrument will, in accordance with
42 this section, reflect redactions of the individual's personal information.
43 (3) A request under Subsection (2)(a) shall:
44 (a) be in writing;
45 (b) include payment of the fee under Subsection (6); and
46 (c) identify the location of the personal information in the county recorder's records by:
47 (i) entry number and page number; or
48 (ii) book and page number.
49 (4) If an individual makes a request in accordance with Subsection (3), the county
50 recorder shall:
51 (a) create a copy of the originally recorded instrument of record for the purpose of
52 creating a redacted version of the originally recorded instrument;
53 (b) on the copy of the originally recorded instrument created under Subsection (4)(a):
54 (i) redact the personal information, ensuring that the originally recorded instrument is
55 not altered or changed;
56 (ii) indicate:
57 (A) the date and time that the redaction occurred; and
58 (B) that the originally recorded instrument remains on file with the county recorder's
59 office; and
60 (c) make the redacted copy of the originally recorded instrument accessible and
61 available for inspection.
62 (5) The county recorder shall produce or provide access to the originally recorded
63 instrument of record if:
64 (a) the individual requesting a copy of the originally recorded instrument is:
65 (i) the individual whose personal information was redacted on the copy of the
66 originally recorded instrument;
67 (ii) if the instrument is a trust deed, a beneficiary of the trust deed;
68 (iii) acting on behalf of a title company that has a valid business license issued by the
69 state or a political subdivision of the state; or
70 (iv) an attorney that has a valid license from the Utah State Bar;
71 (b) the county recorder is responding to a valid subpoena;
72 (c) the county recorder is responding to a valid request under Title 63G, Chapter 2,
73 Government Records Access and Management Act; or
74 (d) a court of competent jurisdiction orders the county recorder to produce the
75 originally recorded instrument.
76 (6) The county recorder may charge a fee, in accordance with Section 17-21-18.5, for
77 costs related to redacting personal information.
78 Section 2. Section 17-21-17 is amended to read:
79 17-21-17. Prohibited acts.
80 (1) (a) Upon acceptance of an instrument entitled to be recorded, the recorder may not:
81 [
82 chapter; or
83 [
84 (b) In accordance with Section 17-21-12.5, a county recorder may redact personal
85 information from a copy of an originally recorded instrument.
86 (2) A recorder does not violate this section by:
87 (a) denying access to:
88 (i) an instrument of record that has been classified as private under Section 63G-2-302;
89 [
90 (ii) a portion of an instrument of record that has been classified as private under
91 Section 63G-2-302; or
92 (iii) subject to Section 17-21-12.5, an originally recorded instrument of record for
93 which a redacted copy exists and is accessible under Section 17-21-12.5; or
94 (b) placing an endorsement, reference, or other note on a document in the course of the
95 recorder's work.
96 Section 3. Section 17-21-18.5 is amended to read:
97 17-21-18.5. Fees of county recorder -- Electronic recording of instruments.
98 (1) The county recorder shall receive the following fees:
99 (a) for recording any instrument, not otherwise provided for, other than bonds of public
100 officers, $40;
101 (b) for recording any instrument, including those provided for under Title 70A,
102 Uniform Commercial Code, other than bonds of public officers, and not otherwise provided
103 for, $40, and if an instrument contains more than 10 descriptions, $2 for each additional
104 description;
105 (c) for recording mining location notices and affidavits of labor affecting mining
106 claims, $40; [
107 (d) for an affidavit or proof of labor which contains more than 10 mining claims, $2 for
108 each additional mining claim; and
109 (e) for redacting personal information pursuant to Section 17-21-12.5, $5.
110 (2) (a) Each county recorder shall record the mining rules of the several mining
111 districts in each county without fee.
112 (b) Certified copies of these records shall be received in all tribunals and before all
113 officers of this state as prima facie evidence of the rules.
114 (3) The county recorder shall receive the following fees:
115 (a) for copies of any record or document, a reasonable fee as determined by the county
116 legislative body;
117 (b) for each certificate under seal, $5;
118 (c) for recording any plat, $50 for each sheet and $2 for each lot or unit designation;
119 (d) for taking and certifying acknowledgments, including seal, $5 for one name and $2
120 for each additional name;
121 (e) for recording any license issued by the Division of Professional Licensing, $40; and
122 (f) for recording a federal tax lien, $40, and for the discharge of the lien, $40.
123 (4) A county recorder may not charge more than one recording fee for each instrument,
124 regardless of whether the instrument bears multiple descriptive titles or includes one or more
125 attachments as part of the instrument.
126 (5) (a) Beginning on or before January 1, 2022, each county shall accept and provide
127 for the electronic recording of instruments.
128 (b) Beginning on or before January 1, 2023, each county shall:
129 (i) provide for the electronic recording of a plat; and
130 (ii) accept an electronic document for the recording of a plat.
131 (6) The county may determine and collect a fee for all services not enumerated in this
132 section.
133 (7) A county recorder may not be required to collect a fee for services that are
134 unrelated to the county recorder's office.
135 Section 4. Section 17-21-19 is amended to read:
136 17-21-19. Records open to inspection -- Copies.
137 (1) [
138 instruments of record and all indexes required by this chapter are open to public inspection
139 during office hours, except:
140 (a) those instruments classified as private under Section 63G-2-302; and
141 (b) those instruments with respect to which a redaction of personal information has
142 occurred under Section 17-21-12.5, if the redacted copy of the instrument is open to public
143 inspection during office hours.
144 (2) Upon payment of the applicable fee, a person may obtain copies of a public record.