View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0266......................................................by STATE AFFAIRS
COUNTIES - ELECTRONIC RECORDS - Amends existing law to clarify that the
county recorder may utilize electronic storage methods for records.
02/25 House intro - 1st rdg - to printing
02/28 Rpt prt - to Loc Gov
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 55-8-7
AYES -- Anderson, Barraclough, Barrett, Bayer, Bedke, Bell, Bilbao,
Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Henbest,
Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Moyle, Nielsen, Nonini, Pasley-Stuart,
Pence, Raybould, Ringo, Roberts, Rydalch, Sali, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Snodgrass,
Stevenson, Trail, Wills, Mr. Speaker
NAYS -- Andrus, Bastian, Field(23), Garrett, Hart, Harwood, Miller,
Smylie
Absent and excused -- Crow, Deal, Mitchell, Ring, Rusche, Smith(24),
Wood
Floor Sponsor - Henderson
Title apvd - to Senate
03/14 Senate intro - 1st rdg - to Loc Gov
03/18 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 33-0-1, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Langhorst, Little,
Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Keough, (District 21 seat vacant)
Floor Sponsor - Corder
Title apvd - to House
03/23 To enrol
03/24 Rpt enrol - Sp signed
03/25 Pres signed
03/28 To Governor
04/01 Governor signed
Session Law Chapter 243
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 266
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DUTIES OF THE COUNTY RECORDER; AMENDING SECTION 31-2401, IDAHO
3 CODE, TO PROVIDE FOR ELECTRONIC STORAGE METHODS FOR RECORDS; AMENDING SEC-
4 TION 31-2402, IDAHO CODE, TO PROVIDE FOR RECORDING OF INSTRUMENTS THROUGH
5 APPROVED ELECTRONIC STORAGE SYSTEMS, TO ALLOW THE RECORDER TO REFUSE TO
6 RECORD ANY DOCUMENT WHICH IS NOT AUTHORIZED BY LAW TO BE RECORDED AND TO
7 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 31-2402A, IDAHO CODE, TO PRO-
8 VIDE FOR ELECTRONIC COPYING PROCESSES OR ELECTRONIC STORAGE DEVICES AND TO
9 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 31-2404, IDAHO CODE, TO
10 ALLOW THE RECORDER TO CREATE AN ELECTRONIC MANAGEMENT SYSTEM AND TO MAKE
11 TECHNICAL CORRECTIONS; AMENDING SECTION 31-2410, IDAHO CODE, TO PROVIDE
12 FOR AN APPROVED ELECTRONIC STORAGE AND RETRIEVAL SYSTEM WHEN THE RECORDER
13 MUST ENDORSE THE RECORD AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
14 TION 31-2411, IDAHO CODE, TO PROVIDE FOR AN INSTRUMENT NUMBER, TO PROVIDE
15 FOR A SUITABLE REFERENCE NUMBER TO ENABLE DIRECT RETRIEVAL OF THE RECORDED
16 DOCUMENT FROM THE ELECTRONIC SYSTEM AND TO MAKE TECHNICAL CORRECTIONS;
17 AMENDING SECTION 31-2417, IDAHO CODE, TO REVISE STANDARDS FOR LIABILITY
18 FOR NEGLECT IN RECORDING AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
19 TION 31-2419, IDAHO CODE, TO PROVIDE FOR PUBLIC ACCESS TERMINALS AND TO
20 PROVIDE FOR PENALTIES FOR PERSONS INSPECTING THE RECORDS WHO ATTEMPT TO
21 ALTER THE RECORDS; AMENDING SECTION 55-810, IDAHO CODE, TO PROVIDE FOR AN
22 APPROVED ELECTRONIC STORAGE SYSTEM CONTAINING SEGREGATED SEARCHABLE AND
23 RETRIEVAL FILES; AND AMENDING SECTION 55-1910, IDAHO CODE, TO PROVIDE FOR
24 AN APPROVED ELECTRONIC STORAGE SYSTEM AND TO PROVIDE FOR ELECTRONIC SEGRE-
25 GATED SEARCHABLE AND RETRIEVAL FILES.
26 Be It Enacted by the Legislature of the State of Idaho:
27 SECTION 1. That Section 31-2401, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 31-2401. BOOKS TO BE PROCURED -- CUSTODY. The recorder must procure such
30 books or other electronic storage methods for records as the business of his
31 office requires. He has the custody of and must keep all books, records, maps
32 and papers deposited in his office. The recorder may keep all books, docu-
33 ments, records, maps and papers within an approved electronic storage system.
34 SECTION 2. That Section 31-2402, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 31-2402. INSTRUMENTS TO BE RECORDED. (1) He must, upon the payment of
37 his fees for the same, record separately, in large and well-bound separate
38 books or through approved electronic storage systems, in legible handwriting,
39 typewriting or by photographic reproduction:
40 1.(a) Deeds, grants, transfers and mortgages of real estate, releases of
41 mortgages, powers of attorney to convey real estate and leases which have
2
1 been acknowledged or proved and transcripts of judgments or decrees which
2 affect the title or possession of real property, including water rights,
3 any part of which is situate in the county of which the person is the
4 recorder.
5 2.(b) Certificates of marriage and marriage contracts.
6 3.(c) Wills admitted to probate.
7 4.(d) Official bonds.
8 5.(e) Notices of mechanics' liens.
9 6.(f) Transcripts of judgments which by law are made liens upon real
10 estate.
11 7.(g) Notices of attachments upon real estate.
12 8.(h) Notices of the pendency of an action affecting real estate, the
13 title thereto or possession thereof.
14 9.(i) Instruments describing or relating to the separate property of mar-
15 ried women.
16 10.(j) Notices of preemption claims.
17 11.(k) Certified copies of any petitions, with the schedules omitted,
18 filed filled in, and certified copies of any order or decree made or
19 entered in, any proceeding under the national bankruptcy act.
20 12.(l) Financing statements under the uniform commercial code which cover
21 timber to be cut, minerals or the like (including oil and gas), pursuant
22 to section 28-9-301, Idaho Code, or fixtures.
23 13.(m) Notice of order of a general adjudication in conformance with sec-
24 tion 42-1408, Idaho Code.
25 14.(n) Such other writings as are required or permitted by law to be
26 recorded.
27 (2) The recorder may refuse to record any document which, in his discre-
28 tion and through consultation with the county prosecutor, is not authorized by
29 law to be recorded. Refusal pursuant to this section shall not create any
30 liability.
31 SECTION 3. That Section 31-2402A, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 31-2402A. MICROFILM RECORDS -- METHOD OF DESIGNATION -- OFFICIAL RECORDS.
34 In lieu of any or all of the separate books provided for in section 31-2402,
35 Idaho Code, the county recorder may, in his discretion, where such record or
36 document has been copied or reproduced by microfilm, scanned images, digital
37 imaging, or microphotographic process as provided by law or other approved
38 electronic copying process, designate such record or document by consecutive
39 volume and instrument numbers to be called "official records" and recorded
40 consecutively in his office in suitable containers and cabinets or electronic
41 storage devices.
42 The recording of such instruments and documents in such "official records"
43 will impart notice in like manner and effect as if such instruments or docu-
44 ments were recorded in any of the separate books provided for in section
45 31-2402, Idaho Code.
46 SECTION 4. That Section 31-2404, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 31-2404. INDEXES TO BE KEPT. Every recorder must keep:
49 (1.) An index of deeds, grants and transfers, labeled "Grantors," each
50 page divided into four (4) columns, headed respectively, "Names of grantors,"
51 "Names of grantees," "Date of deeds, grants or transfers" and "Where
3
1 recorded."
2 (2.) An index of deeds, labeled "Grantees," each page divided into four
3 (4) columns, headed respectively, "Names of grantees," "Names of grantors,"
4 "Date of deeds, grants or transfers" and "Where recorded."
5 (3.) An index of mortgages, labeled "Mortgagors of real property," with
6 the pages thereof divided into five (5) columns, headed respectively, "Names
7 of mortgagors," "Names of mortgagees," "Date of mortgages," "Where recorded,"
8 and "When discharged."
9 (4.) An index of mortgages, labeled "Mortgagees of real property," with
10 the pages thereof divided into five (5) columns, headed respectively, "Names
11 of mortgagees," "Names of mortgagors," "Date of mortgages," "Where recorded,"
12 and "When discharged."
13 (5.) An index of release of mortgages, labeled "Releases of mortgages of
14 real property--mortgagors," with the pages thereof divided into six (6) col-
15 umns, headed respectively, "Parties releasing," "To whom releases are given,"
16 "Date of releases," "Where releases are recorded," "Date of mortgages
17 released," and "Where mortgages released are recorded."
18 (6.) An index of releases of mortgages, labeled "Releases of mortgages of
19 real property--mortgagees," with the pages thereof divided into six (6) col-
20 umns, headed respectively, "Parties whose mortgages are released," "Parties
21 releasing," "Date of releases," "Where recorded," "Date of mortgages
22 released," and "Where mortgages released are recorded."
23 (7.) An index of powers of attorney, labeled "Powers of attorney," each
24 page divided into five (5) columns, headed respectively, "Names of parties
25 executing powers," "To whom powers are executed," "Date of powers," "Date of
26 recording," and "Where powers are recorded."
27 (8.) An index of leases, labeled "Lessors," each page divided into four
28 (4) columns, headed respectively, "Names of lessors," "Names of lessees,"
29 "Date of leases," and "When and where recorded."
30 (9.) An index of leases, labeled "Lessees," each page divided into four
31 (4) columns, headed respectively, "Names of lessees," "Names of lessors,"
32 "Date of leases," and "When and where recorded."
33 (10.) An index of marriage certificates, labeled "Marriage certificates--
34 Men," each page divided into six (6) columns, headed respectively, "Men mar-
35 ried," "To whom married," "When married," "By whom married," "Where married,"
36 and "Where certificates are recorded."
37 (11.) An index of marriage certificates, labeled "Marriage certificates--
38 Women," each page divided into six (6) columns, headed respectively, "Women
39 married" (and under this head placing the family names of the women), "To whom
40 married," "When married," "By whom married," "Where married," and "Where cer-
41 tificates are recorded."
42 (12.) An index of assignments of real property mortgages and leases,
43 labeled "Assignments of mortgages and leases--assignors," each page divided
44 into five (5) columns, headed respectively, "Assignors," "Assignees,"
45 "Instruments assigned," "Date of assignment," and "When and where recorded."
46 (13.) An index of assignments of real property mortgages and leases,
47 labeled "Assignments of mortgages and leases--assignees," each page divided
48 into five (5) columns, headed respectively, "Assignees," "Assignors,"
49 "Instruments assigned," "Date of assignments," and "When and where recorded."
50 (14.) An index of wills, labeled, "Wills," each page divided into four (4)
51 columns, headed respectively, "Names of testators," "Date of wills," "Date of
52 probate," and "When and where recorded."
53 (15.) An index of official bonds, labeled "Official bonds," each page
54 divided into five (5) columns, headed respectively, "Names of officers,"
55 "Names of offices," "Date of bonds," "Amount of bonds," and "When and where
4
1 recorded."
2 (16.) An index of notices of mechanics' liens, labeled "Mechanics' liens,"
3 each page divided into three (3) columns, headed respectively, "Parties claim-
4 ing liens," "Against whom claimed," and "Notices, when and where recorded."
5 (17.) An index to transcripts of judgment, labeled "Transcripts of judg-
6 ments," each page divided into seven (7) columns, headed respectively,
7 "Judgment debtors," "Judgment creditors," "Amount of judgments," "Where
8 recorded," "When recovered," "When transcript filed," and "When judgment sat-
9 isfied."
10 (18.) An index of attachments, labeled "Attachments," each page divided
11 into six (6) columns, headed respectively, "Parties against whom attachments
12 are issued," "Parties issuing attachments," "Notices of attachments," "When
13 recorded," "Where recorded," and "When attachments discharged."
14 (19.) An index of notices of the pendency of actions, labeled "Notices of
15 actions," each page divided into three (3) columns, headed respectively,
16 "Parties to the actions," "Notices, when recorded," and "Where recorded."
17 (20.) An index of the separate property of married women, labeled
18 "Separate property of married women," each page divided into five (5) columns,
19 headed respectively, "Names of married women," "Names of their husbands,"
20 "Nature of instruments recorded," "When recorded," and "Where recorded."
21 (21.) An index of possessory claims, labeled "Possessory claims," each
22 page divided into five (5) columns, headed respectively, "Claimants,"
23 "Notices," "When received," "Date of notices," and "When and where recorded."
24 (22.) An index of homesteads, labeled, "Homesteads," each page divided
25 into five (5) columns, headed respectively, "Claimants," "Date of declara-
26 tion," "When and where recorded," "Abandonment," and "When and where
27 recorded."
28 (23.) An index of agreements and bonds affecting the title of real prop-
29 erty, labeled, "Real property agreements," each page divided into four (4)
30 columns, headed respectively, "Vendors," "Vendees," "Date of agreement," and
31 "When and where recorded."
32 (24.) An index of mining claims, labeled "Mining claims," each page
33 divided into five (5) columns, headed "Locators," "Name of claim," "Date of
34 location," "When filed for record," and "Where recorded."
35 (25.) An index of water rights, labeled "Water rights," each page divided
36 into four (4) columns, labeled, "Locators," "Date of notice," "When filed for
37 record," and "Where recorded."
38 (26.) A general index of all papers to be entered as they are filed.
39 (27.) An index, labeled "Financing Statements," as required under Part 4
40 of the Uniform Commercial Code--Secured Transactions.
41 (28) In lieu of the above-named indexes, a recorder may create an elec-
42 tronic management system into which all of the above-named indexes are file
43 names. Each of these files shall segregate the above-referenced records and
44 permit search and retrieval capabilities of each file type under each of the
45 above-enumerated categories.
46 SECTION 5. That Section 31-2410, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 31-2410. INDORSEMENT ENDORSEMENT ON INSTRUMENTS. When any instrument,
49 paper or notice, authorized by law to be recorded, is deposited in the
50 recorder's office for record, the recorder must indorse endorse upon the same
51 the time when it was received, noting the year, month, day, hour and minute of
52 its reception, and at once enter it in the proper index or approved electronic
53 storage and retrieval system, and must record the same without delay, together
5
1 with the acknowledgment, proofs and certificates, written upon or annexed to
2 the same, with the plats, surveys, schedule and other papers thereto annexed,
3 in the order and as of the time when the same was received for record, and
4 must note on the instrument the exact time of its reception, and the name of
5 the person at whose request it was recorded.
6 SECTION 6. That Section 31-2411, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 31-2411. INDORSEMENT ENDORSEMENT OF BOOK AND PAGE OF RECORD -- DELIVERY
9 TO PARTY. The recorder must also indorse endorse upon each instrument, paper
10 or notice, the book and pages or instrument number in which it is recorded,
11 and must thereafter deliver it upon request to the party leaving the same for
12 record. If an approved electronic system is used, the recorder shall endorse
13 upon each instrument a suitable reference number to enable direct retrieval of
14 the recorded document from the electronic system.
15 SECTION 7. That Section 31-2417, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 31-2417. LIABILITY FOR NEGLECT. (1) If any recorder to whom an instru-
18 ment, proved or acknowledged according to law, or any paper or notice which
19 may by law be recorded, is delivered for record:
20 1.(a) Neglects or refuses without any legal basis to record such instru-
21 ment, paper or notice within a reasonable time after receiving the same;
22 or
23 2.(b) Records any instruments, papers or notices untruly, or in any other
24 manner than as hereinbefore directed; or
25 3.(c) Neglects or refuses to keep in his office such indexes as are
26 required by this chapter, or to make the proper entries therein; or
27 4.(d) Alters, changes or obliterates any records deposited in his office
28 or inserts any new matter therein;.
29 He is liable to the party aggrieved for the amount of the damages which may be
30 occasioned thereby.
31 (2) Under no circumstances shall a recorder be liable for the release of
32 any recorded information pursuant to a request and payment of fees.
33 SECTION 8. That Section 31-2419, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 31-2419. RECORDS OPEN TO INSPECTION. All books of record, maps, charts,
36 surveys and other papers on file in the recorder's office, must, during office
37 hours, be open for the inspection of any person who may desire to inspect
38 them, and may be inspected without charge; and the recorder must arrange the
39 books of record and indexes in his office in such suitable places as to facil-
40 itate their inspection. The recorder may provide one (1) or more public access
41 terminals through which the public may access electronically stored versions
42 of recorded documents. Any person inspecting the records who makes any attempt
43 to alter any record in any way shall be guilty of a misdemeanor.
44 SECTION 9. That Section 55-810, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 55-810. BOOKS OF RECORD. Grants and conveyances absolute in terms, are to
47 be recorded in one set of books and mortgages in another or in an approved
6
1 electronic storage system containing segregated searchable and retrieval
2 files.
3 SECTION 10. That Section 55-1910, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 55-1910. DUTIES OF COUNTY RECORDER. The record of survey filed with the
6 county recorder of any county shall be assigned an instrument number and shall
7 be bound or filed with other plats of like character in a book or file or
8 through an approved electronic storage system designated as "Records of Sur-
9 veys."
10 Proper indexes or electronic segregated searchable and retrieval files
11 shall be kept of such record of survey by section, township and range.
12 The survey map transparency shall be stored for safekeeping in a repro-
13 ducible condition. It shall be proper for the recorder to maintain for public
14 reference a set of counter maps that are prints of the transparencies. The
15 transparencies shall be produced for comparison upon demand, and full scale
16 copies shall be made available to the public, at direct cost, by the county
17 recorder.
STATEMENT OF PURPOSE
RS 14887
The primary purpose of this legislation is to enable the
county recorder to utilize new electronic storage technology as
approved by the county and authorizes the use of electronic
records as official records of the county, including electronic
indexing.
This legislation also provides some protection for the
county recorder for refusing to record a document, which, in
his/her discretion, and after consulting with the county
prosecuting attorney, is not authorized to be recorded. In
addition, the recorder may provide for public access terminals so
the public can view electronically stored recorded documents.
This legislation adds a provision protecting the recorder
from liability when providing copies of recorded documents after
payment of a fee as required by law.
FISCAL NOTE
There is no impact on either county funds or the state
general fund.
Contact
Names: Dan Chadwick, Maggie Colwell, Tony Poinelli, Kerry Ellen
Elliott, Idaho Association of Counties
Phone: 208-345-9126
STATEMENT OF PURPOSE/FISCAL NOTE H 266