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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to county recorders.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ establishes the County Recorder Standards Board (board) for the purpose of making
14 rules that establish statewide standards for county recorders;
15 ▸ requires counties to establish an appeal authority to hear and decide appeals from a
16 county recorder's application of rules made by the board;
17 ▸ requires county recorders to comply with the board's rules and the county's appeal
18 authority;
19 ▸ describes the membership and appointment of board members;
20 ▸ requires the Department of Commerce to provide staff support to the board;
21 ▸ requires the board to report annually to the Legislature; and
22 ▸ makes technical changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 17-21-1, as last amended by Laws of Utah 2014, Chapter 89
30 ENACTS:
31 17-50-340, Utah Code Annotated 1953
32 63C-29-101, Utah Code Annotated 1953
33 63C-29-201, Utah Code Annotated 1953
34 63C-29-202, Utah Code Annotated 1953
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36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 17-21-1 is amended to read:
38 17-21-1. Recorder -- Document custody responsibility -- Compliance with rules
39 made by the County Recorder Standards Board -- Compliance with county appeal
40 authority.
41 The county recorder:
42 (1) is custodian of all recorded documents and records required by law to be recorded;
43 (2) shall comply with rules made by the County Recorder Standards Board under
44 Section 63C-29-202, including rules that govern:
45 (a) the protection of recorded documents and records in the county recorder's custody;
46 (b) the electronic submission of plats, records, and other documents to the county
47 recorder's office;
48 (c) the protection of privacy interests in the case of documents and records in the
49 county recorder's custody; and
50 (d) the formatting, recording, and redaction of documents and records in the county
51 recorder's custody;
52 (3) shall comply with the appeal authority established by the county legislative body in
53 accordance with Section 17-50-340; and
54 (4) may adopt policies and procedures governing the office of the county recorder that
55 do not conflict with this chapter or rules made by the County Recorder Standards Board under
56 Section 63C-29-202.
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71 Section 2. Section 17-50-340 is enacted to read:
72 17-50-340. Establishment of county recorder appeal authority.
73 (1) On or before July 1, 2023, a county legislative body shall, by ordinance, establish
74 an appeal authority to hear and decide appeals from a county recorder's application of rules
75 made by the County Recorder Standards Board under Section 63C-29-201.
76 (2) This section:
77 (a) does not preclude an individual who seeks an appeal from a county recorder's
78 decision from pursuing any other available remedy; and
79 (b) may not be construed as requiring an individual to exhaust administrative remedies
80 with an appeal authority established under Subsection (1) before seeking any other available
81 remedy.
82 Section 3. Section 63C-29-101 is enacted to read:
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85 63C-29-101. Definitions.
86 As used in this chapter:
87 (1) "Board" means the County Recorder Standards Board created in Section
88 63C-29-201.
89 (2) "Department" means the Department of Commerce created in Section 13-1-2.
90 Section 4. Section 63C-29-201 is enacted to read:
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92 63C-29-201. County Recorder Standards Board created.
93 (1) There is created the County Recorder Standards Board.
94 (2) The board shall be composed of nine members as follows:
95 (a) one representative of the Utah Property Rights Coalition, appointed by the Utah
96 Property Rights Coalition;
97 (b) one representative of the Utah Association of Counties, appointed by the Utah
98 Association of Counties;
99 (c) one representative of the Utah Council of Land Surveyors, appointed by the Utah
100 Council of Land Surveyors;
101 (d) one representative of the Utah Land Title Association, appointed by the Utah Land
102 Title Association;
103 (e) one representative from the oil, gas, or mining industry, appointed jointly by the
104 Utah Petroleum Association, the Utah Mining Association, and the Utah Association of
105 Professional Landmen;
106 (f) one county recorder from a county of the first or second class, appointed by the
107 Utah Association of County Recorders;
108 (g) one county recorder from a county of the third, fourth, fifth, or sixth class,
109 appointed by the Utah Association of County Recorders;
110 (h) one attorney who is a member of the Utah State Bar, appointed by the Utah
111 Association of County Recorders; and
112 (i) one attorney who is a member of the Utah State Bar, appointed by the Utah
113 Association of Realtors.
114 (3) (a) If a vacancy occurs in the membership of the board, the member shall be
115 replaced in the same manner in which the original appointment was made.
116 (b) A member shall serve a term of four years and until the member's successor is
117 appointed and qualified.
118 (c) Notwithstanding Subsection (3)(b), at the time of appointment or reappointment,
119 the department shall adjust the length of terms to ensure that the terms of board members are
120 staggered so that approximately half of the board members are appointed every two years.
121 (d) A board member may be appointed to more than one term.
122 (4) The board shall annually select a chair from among the board's members.
123 (5) (a) Five board members constitutes a quorum.
124 (b) The action of a majority of a quorum constitutes an action of the board.
125 (6) A board member may not receive compensation or benefits for the member's
126 service on the board, but may receive per diem and reimbursement for travel expenses incurred
127 as a board member at the rates established by the Division of Finance under:
128 (a) Sections 63A-3-106 and 63A-3-107; and
129 (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
130 63A-3-107.
131 (7) The department shall provide staff support to the board.
132 Section 5. Section 63C-29-202 is enacted to read:
133 63C-29-202. Duties of the board -- Reporting.
134 (1) The board shall:
135 (a) subject to Subsection (2), make rules that establish statewide standards for county
136 recorders as the board deems necessary to reduce or eliminate inconsistencies, including rules
137 for:
138 (i) the protection of recorded documents and records in a county recorder's custody,
139 including appropriate methods for obtaining copies of a public record under Section 17-21-19,
140 and the supervision of individuals who search and make copies of the public record;
141 (ii) the electronic submission of plats, records, and other documents to a county
142 recorder's office;
143 (iii) the protection of privacy interests in the case of documents and records in a county
144 recorder's custody; and
145 (iv) the formatting, recording, and redaction of documents and records in a county
146 recorder's custody; and
147 (b) promote uniformity throughout the state with respect to the services provided by a
148 county recorder.
149 (2) (a) The rules under Subsection (1)(a) shall:
150 (i) be made in accordance with Title 63G, Chapter 3, Administrative Rulemaking Act;
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152 (ii) be consistent with applicable state law, including:
153 (A) Title 17, Chapter 21, Recorder;
154 (B) Title 17, Chapter 21a, Uniform Real Property Electronic Recording Act;
155 (C) Title 46, Chapter 4, Uniform Electronic Transactions Act; and
156 (D) Title 57, Real Estate.
157 (b) The rules under Subsection (1)(a) may not require a county recorder to expend any
158 additional funds.
159 (3) On or before October 1 of each year, the board shall submit a written report to the
160 Political Subdivisions Interim Committee and the Business and Labor Interim Committee that
161 includes:
162 (a) information regarding the operations and activities of the board; and
163 (b) any recommendations for legislation related to the services provided by county
164 recorders, including recommendations for modification of the fees established in Section
165 17-21-18.5.