63C-30 - County Recorder Standards Board

Title 63C > 63C-30

Sections (3)

General Provisions

63C-30-101 - Definitions.

As used in this chapter: 63C-30-101(1) “Board” means the County Recorder Standards Board created in Section 63C-30-201. 63C-30-101(2) “Department” means the Department of Commerce created in Section 13-1-2.

County Recorder Standards Board

63C-30-201 - County Recorder Standards Board created.

63C-30-201(1) There is created the County Recorder Standards Board. 63C-30-201(2) The board shall be composed of nine members as follows:

one representative of the Utah Property Rights Coalition, appointed by the Utah Property Rights Coalition; one representative of the Utah Association of Counties, appointed by the Utah Association of Counties; one representative of the Utah Council of Land Surveyors, appointed by the Utah Council of Land Surveyors; one representative of the Utah Land Title Association, appointed by the Utah Land Title Association; 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; one county recorder from a county of the first or second class, appointed by the Utah Association of County Recorders; one county recorder from a county of the third, fourth, fifth, or sixth class, appointed by the Utah Association of County Recorders; one attorney who is a member of the Utah State Bar, appointed by the Utah Association of County Recorders; and one attorney who is a member of the Utah State Bar, appointed by the Utah Association of Realtors. 63C-30-201(3) 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. A member shall serve a term of four years and until the member’s successor is appointed and qualified. 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. A board member may be appointed to more than one term. 63C-30-201(4) The board shall annually select a chair from among the board’s members. 63C-30-201(5) Five board members constitutes a quorum. The action of a majority of a quorum constitutes an action of the board. 63C-30-201(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:

Sections 63A-3-106 and 63A-3-107; and rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. 63C-30-201(7) The department shall provide staff support to the board.

63C-30-202 - Duties of the board — Reporting.

63C-30-202(1) The board shall: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: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 17-71-405, and the supervision of individuals who search and make copies of the public record;the electronic submission of plats, records, and other documents to a county recorder’s office;the protection of privacy interests in the case of documents and records in a county recorder’s custody; andthe formatting, recording, and redaction of documents and records in a county recorder’s custody; andpromote uniformity throughout the state with respect to the services provided by a county recorder. 63C-30-202(2) The rules under Subsection (1)(a) shall:be made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; andbe consistent with applicable state law, including:Title 17, Chapter 71, County Recorder;Title 46, Chapter 4, Uniform Electronic Transactions Act; andTitle 57, Real Estate.The rules under Subsection (1)(a) may not require a county recorder to expend any additional funds. 63C-30-202(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:information regarding the operations and activities of the board; andany recommendations for legislation related to the services provided by county recorders, including recommendations for modification of the fees established in Section 17-71-407.