Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 351 Fifth Substitute (2023GS)

Sponsor

Rep. Teuscher, J.

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• establishes the County Recorder Standards Board (board) for the purpose of making rules that establish statewide standards for county recorders;
• requires counties to establish an appeal authority to hear and decide appeals from a county recorder's application of rules made by the board;
• requires county recorders to comply with the board's rules and the county's appeal authority;
• describes the membership and appointment of board members;
• requires the Department of Commerce to provide staff support to the board;
• requires the board to report annually to the Legislature; and
• makes technical changes.

Every vote on this bill

Bill text

COUNTY RECORDER MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
Lincoln Fillmore
LONG TITLE
General Description:
This bill modifies provisions related to county recorders.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ establishes the County Recorder Standards Board (board) for the purpose of making
rules that establish statewide standards for county recorders;
▸ requires counties to establish an appeal authority to hear and decide appeals from a
county recorder's application of rules made by the board;
▸ requires county recorders to comply with the board's rules and the county's appeal
authority;
▸ describes the membership and appointment of board members;
▸ requires the Department of Commerce to provide staff support to the board;
▸ requires the board to report annually to the Legislature; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-21-1
, as last amended by Laws of Utah 2014, Chapter 89
ENACTS:
17-50-340
, Utah Code Annotated 1953
63C-29-101
, Utah Code Annotated 1953
63C-29-201
, Utah Code Annotated 1953
63C-29-202
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-21-1
 is amended to read:
17-21-1.
Recorder -- Document custody responsibility -- Compliance with rules
made by the County Recorder Standards Board -- Compliance with county appeal
authority.
The county recorder:
(1) is custodian of all recorded documents and records required by law to be recorded;
(2) shall comply with rules made by the County Recorder Standards Board under
Section 
63C-29-202
, including rules that govern:
(a) the protection of recorded documents and records in the county recorder's custody;
(b) the electronic submission of plats, records, and other documents to the county
recorder's office;
(c) the protection of privacy interests in the case of documents and records in the
county recorder's custody; and
(d) the formatting, recording, and redaction of documents and records in the county
recorder's custody;
(3) shall comply with the appeal authority established by the county legislative body in
accordance with Section 
17-50-340
; and
(4) may adopt policies and procedures governing the office of the county recorder that
do not conflict with this chapter or rules made by the County Recorder Standards Board under
Section 
63C-29-202
.
[
(2) shall establish policies and procedures that the recorder considers necessary to
protect recorded documents and records in the recorder's custody, including determining the
appropriate method for the public to obtain copies of the public record under Section 
17-21-19
and supervision of those who search and make copies of the public record;
]
[
(3) may establish procedures and guidelines to govern the electronic submission of
plats, records, and other documents to the county recorder's office consistent with Title 46,
Chapter 4, Uniform Electronic Transactions Act, and Chapter 21a, Uniform Real Property
Electronic Recording Act; and
]
[
(4) shall establish procedures to govern the electronic submission of plats, records,
and other documents to the county recorder's office consistent with standards established under
Chapter 21a, Uniform Real Property Electronic Recording Act, by:
]
[
(a) if in a county of the first or second class, July 1, 2016;
]
[
(b) if in a county of the third or fourth class, July 1, 2017; or
]
[
(c) if in a county of the fifth or sixth class, July 1, 2018.
]
Section 2. Section 
17-50-340
 is enacted to read:
 17-50-340.
Establishment of county recorder appeal authority.
(1) On or before July 1, 2023, a county legislative body shall, by ordinance, establish
an appeal authority to hear and decide appeals from a county recorder's application of rules
made by the County Recorder Standards Board under Section 
63C-29-201
.
(2) This section:
(a) does not preclude an individual who seeks an appeal from a county recorder's
decision from pursuing any other available remedy; and
(b) may not be construed as requiring an individual to exhaust administrative remedies
with an appeal authority established under Subsection (1) before seeking any other available
remedy.
Section 3. Section 
63C-29-101
 is enacted to read:
CHAPTER 29. COUNTY RECORDER STANDARDS BOARD
Part 1. General Provisions
 63C-29-101.
Definitions.
As used in this chapter:
(1) "Board" means the County Recorder Standards Board created in Section
63C-29-201
.
(2) "Department" means the Department of Commerce created in Section 
13-1-2
.
Section 4. Section 
63C-29-201
 is enacted to read:
Part 2. County Recorder Standards Board
 63C-29-201.
County Recorder Standards Board created.
(1) There is created the County Recorder Standards Board.
(2) The board shall be composed of nine members as follows:
(a) one representative of the Utah Property Rights Coalition, appointed by the Utah
Property Rights Coalition;
(b) one representative of the Utah Association of Counties, appointed by the Utah
Association of Counties;
(c) one representative of the Utah Council of Land Surveyors, appointed by the Utah
Council of Land Surveyors;
(d) one representative of the Utah Land Title Association, appointed by the Utah Land
Title Association;
(e) one representative from the oil, gas, or mining industry, appointed jointly by the
Utah Petroleum Association, the Utah Mining Association, and the Utah Association of
Professional Landmen;
(f) one county recorder from a county of the first or second class, appointed by the
Utah Association of County Recorders;
(g) one county recorder from a county of the third, fourth, fifth, or sixth class,
appointed by the Utah Association of County Recorders;
(h) one attorney who is a member of the Utah State Bar, appointed by the Utah
Association of County Recorders; and
(i) one attorney who is a member of the Utah State Bar, appointed by the Utah
Association of Realtors.
(3) (a) If a vacancy occurs in the membership of the board, the member shall be
replaced in the same manner in which the original appointment was made.
(b) A member shall serve a term of four years and until the member's successor is
appointed and qualified.
(c) Notwithstanding Subsection (3)(b), at the time of appointment or reappointment,
the department shall adjust the length of terms to ensure that the terms of board members are
staggered so that approximately half of the board members are appointed every two years.
(d) A board member may be appointed to more than one term.
(4) The board shall annually select a chair from among the board's members.
(5) (a) Five board members constitutes a quorum.
(b) The action of a majority of a quorum constitutes an action of the board.
(6) A board member may not receive compensation or benefits for the member's
service on the board, but may receive per diem and reimbursement for travel expenses incurred
as a board member at the rates established by the Division of Finance under:
(a) Sections 
63A-3-106
 and 
63A-3-107
; and
(b) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) The department shall provide staff support to the board.
Section 5. Section 
63C-29-202
 is enacted to read:
 63C-29-202.
Duties of the board -- Reporting.
(1) The board shall:
(a) subject to Subsection (2), make rules that establish statewide standards for county
recorders as the board deems necessary to reduce or eliminate inconsistencies, including rules
for:
(i) the protection of recorded documents and records in a county recorder's custody,
including appropriate methods for obtaining copies of a public record under Section 
17-21-19
,
and the supervision of individuals who search and make copies of the public record;
(ii) the electronic submission of plats, records, and other documents to a county
recorder's office;
(iii) the protection of privacy interests in the case of documents and records in a county
recorder's custody; and
(iv) the formatting, recording, and redaction of documents and records in a county
recorder's custody; and
(b) promote uniformity throughout the state with respect to the services provided by a
county recorder.
(2) (a) The rules under Subsection (1)(a) shall:
(i) be made in accordance with Title 63G, Chapter 3, Administrative Rulemaking Act;
and
(ii) be consistent with applicable state law, including:
(A) Title 17, Chapter 21, Recorder;
(B) Title 17, Chapter 21a, Uniform Real Property Electronic Recording Act;
(C) Title 46, Chapter 4, Uniform Electronic Transactions Act; and
(D) Title 57, Real Estate.
(b) The rules under Subsection (1)(a) may not require a county recorder to expend any
additional funds.
(3) On or before October 1 of each year, the board shall submit a written report to the
Political Subdivisions Interim Committee and the Business and Labor Interim Committee that
includes:
(a) information regarding the operations and activities of the board; and
(b) any recommendations for legislation related to the services provided by county
recorders, including recommendations for modification of the fees established in Section
17-21-18.5
.