Text: HSB00512                          Text: HSB00514
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 513

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  331.601A  DEFINITIONS.
  1  2    As used in this part, unless the context otherwise
  1  3 requires:
  1  4    1.  "Document" or "instrument" means a writing or drawing
  1  5 presented to the recorder for recording, consisting of one or
  1  6 more pages of text and attachments.
  1  7    2.  "Legible" means capable of being read or deciphered
  1  8 without magnification regardless of the recording process.
  1  9    3.  "Page" means a leaf of writing, printing, or drawing
  1 10 occurring on one side only of a leaf, not larger than eight
  1 11 and one-half inches in width and fourteen inches in length for
  1 12 leaves other than a plat or survey.
  1 13    4.  "Record" means a process whether by manual, mechanical,
  1 14 electronic, optical, magnetic or microfilm methods of storage,
  1 15 to incorporate a document or instrument into the public
  1 16 record.
  1 17    5.  "Transaction" means a specific legal action in the form
  1 18 of one of the following:
  1 19    a.  A title or caption including but not limited to a deed,
  1 20 deed of trust, mortgage, or power of attorney.
  1 21    b.  A subsequent reference to an original document or
  1 22 instrument including but not limited to an assignment or
  1 23 release or satisfaction of mortgage.
  1 24    Sec. 2.  Section 331.602, subsection 1, Code Supplement
  1 25 2001, is amended by striking the subsection and inserting in
  1 26 lieu thereof the following:
  1 27    1.  Record all documents or instruments presented to the
  1 28 recorder's office for recordation upon payment of the proper
  1 29 fees and compliance with other recording requirements as
  1 30 provided by law.
  1 31    Sec. 3.  NEW SECTION.  331.606A  DOCUMENT OR DOCUMENT
  1 32 FORMATTING STANDARDS.
  1 33    1.  The county recorder may refuse any document or
  1 34 instrument presented for recording that does not meet the
  1 35 following requirements:
  2  1    a.  Each document or instrument shall consist of one or
  2  2 more individual pages with writing, printing, or drawing only
  2  3 on one side and not permanently bound or in a continuous form.
  2  4 The document or instrument shall not have any attachment
  2  5 stapled or otherwise affixed to any page except as necessary
  2  6 to comply with statutory requirements.  However, the
  2  7 individual pages of a document or instrument may be stapled
  2  8 together for presentation for recording.  A label that is
  2  9 firmly attached with a code bar or return address may be
  2 10 accepted for recording.
  2 11    b.  All preprinted text shall be at least eight point in
  2 12 size and no more than twenty characters and spaces per inch.
  2 13 All other text typed or computer generated, including but not
  2 14 limited to all names of parties to an agreement, shall be at
  2 15 least ten point in size and no more than sixteen characters
  2 16 and spaces per inch.  If a document or instrument presented
  2 17 for recording contains type smaller than eight point type for
  2 18 the preprinted text and ten point type for all other text, the
  2 19 document or instrument shall be accompanied by an exact
  2 20 typewritten copy that meets the requirements of this section.
  2 21    c.  Each document shall be of sufficient legibility to
  2 22 produce a clear reproduction.  If a document or instrument is
  2 23 not sufficiently legible to produce a clear reproduction, the
  2 24 document or instrument shall be accompanied by an exact
  2 25 typewritten copy that meets the type size requirements of
  2 26 paragraph "b" and shall be recorded contemporaneously as
  2 27 additional pages of the document or instrument.
  2 28    d.  Each document or instrument shall be on white paper of
  2 29 not less than twenty-pound weight without watermarks or other
  2 30 visible inclusions except for plats and surveys.  All text
  2 31 within the document or instrument shall be of sufficient color
  2 32 and clarity to ensure that the text is readable when
  2 33 reproduced from the record.
  2 34    e.  All signatures on a document or instrument shall be in
  2 35 black or dark ink and of sufficient color and clarity to
  3  1 ensure that the signatures are readable when the document or
  3  2 instrument is reproduced from the record.  The corresponding
  3  3 name shall be typed, printed, or stamped beneath the
  3  4 signature.  The typing or printing of a name or the
  3  5 application of an embossed or inked stamp shall not cover or
  3  6 otherwise materially interfere with any part of the document
  3  7 or instrument except where provided by law.
  3  8    f.  Each document or instrument shall have a top margin of
  3  9 at least three inches of vertical space from left to right
  3 10 which shall be reserved for the recorder's use.  All other
  3 11 margins on the document or instrument shall be a minimum of
  3 12 three-fourths of one inch.  Nonessential information including
  3 13 but not limited to form numbers, page numbers, or customer
  3 14 notations may be placed in a margin except the top margin.
  3 15 The recorder shall not incur any liability for not showing a
  3 16 seal or information that extends beyond the margin of the
  3 17 permanent archival record.
  3 18    2.  Each document or instrument that is presented for
  3 19 recording, except for plats and surveys and that contains any
  3 20 of the following information shall have that information on
  3 21 the first page below the three-inch margin:
  3 22    a.  The name, address, and telephone number of the
  3 23 individual who prepared the document.
  3 24    b.  The name of the taxpayer and a complete mailing address
  3 25 for any document or instrument of conveyance.
  3 26    c.  A return address.
  3 27    d.  The title of the document or instrument.
  3 28    e.  The date of the document or instrument.
  3 29    f.  All grantors' names.
  3 30    g.  All grantees' names.
  3 31    h.  A statutory address.
  3 32    i.  The legal description of the property and parcel
  3 33 identification number, if required.
  3 34    j.  A document or instrument number for statutory
  3 35 requirements, if applicable.
  4  1    3.  If insufficient space exists on the first page for all
  4  2 of the information described in subsection 2, the page
  4  3 reference of the document or instrument where the information
  4  4 is located shall be noted on the first page.
  4  5    4.  The recorder may record the following documents or
  4  6 instruments which are exempt from the format requirements of
  4  7 this section:
  4  8    a.  A document or instrument which was signed before
  4  9 January 1, 2003.
  4 10    b.  A military separation document or instrument.
  4 11    c.  A document or instrument executed outside the United
  4 12 States.
  4 13    d.  A certified copy of a document or instrument issued by
  4 14 a governmental agency, including a vital record.
  4 15    e.  A document or instrument where one of the original
  4 16 parties is deceased or otherwise incapacitated.
  4 17    f.  A document or instrument formatted to meet court
  4 18 requirements.
  4 19    g.  A federal tax lien.
  4 20    h.  A filing under the uniform commercial code.
  4 21    5.  A document or instrument rejected for recording by a
  4 22 recorder shall be returned to the preparer or presenter
  4 23 accompanied by an explanation of the reason for rejection.
  4 24    6.  On and after January 1, 2003, a document or instrument
  4 25 that does not conform to the format standards specified in
  4 26 this section shall not be recorded except upon payment of an
  4 27 additional recording fee of ten dollars per document or
  4 28 instrument.  The requirement applies only to documents or
  4 29 instruments dated on or after January 1, 2003, and does not
  4 30 apply to those documents or instruments specifically exempted
  4 31 in subsection 4.
  4 32    Sec. 4.  EFFECTIVE DATE.  This Act takes effect January 1,
  4 33 2003.  
  4 34                           EXPLANATION
  4 35    This bill specifies formatting standards for documents or
  5  1 instruments that are presented for recording by the county
  5  2 recorder.  Each document or instrument, except a survey and
  5  3 plat, presented for recording with writing, printing, or
  5  4 drawing only on one side of the page, each page is to be no
  5  5 larger than eight and one-half inches in width and 14 inches
  5  6 in length, and each page is to be of white paper of not less
  5  7 than 20-pound weight without watermarks.  All preprinted text
  5  8 is to be at least eight point in size and no more than 20
  5  9 characters and spaces per inch.  All other text typed or
  5 10 computer generated, including all names of parties to an
  5 11 agreement, shall be at least 10 point in size and no more than
  5 12 16 characters and spaces per inch.  If a document or
  5 13 instrument is presented for recording with preprinted text
  5 14 smaller than eight point and 10 point type for all other text,
  5 15 the document or instrument shall be accompanied by an exact
  5 16 typewritten copy that meets type size requirements.  All
  5 17 signatures on a document or instrument shall be in black or
  5 18 dark ink and of sufficient color and clarity to ensure that
  5 19 the signatures are readable when the document or instrument is
  5 20 reproduced.  Each document or instrument shall have a top
  5 21 margin of at least three inches of vertical space from left to
  5 22 right, which shall be reserved for the recorder's use.  All
  5 23 other margins shall be a minimum of three-fourths of one inch.
  5 24    Each document or instrument containing any of the following
  5 25 information shall have that information on the first page of
  5 26 the document or instrument below the three-inch margin:  the
  5 27 name, address, and telephone number of the preparer, the name
  5 28 and complete address of a taxpayer of any document or
  5 29 instrument of conveyance, a return address, the title or date
  5 30 of a document or instrument, all grantors' or grantees' names,
  5 31 a statutory address, the legal description of the property and
  5 32 parcel identification number, or a document or instrument
  5 33 number for statutory requirements.  If there is insufficient
  5 34 space on the first page for all of the above information, the
  5 35 page reference of the document or instrument where the
  6  1 information is located shall be noted on the first page.
  6  2    The following documents or instruments are exempt from the
  6  3 formatting requirements:  a document or instrument which is
  6  4 signed before January 1, 2003; a military separation document
  6  5 or instrument; a document or instrument executed outside the
  6  6 United States; a certified copy of a vital record issued by a
  6  7 governmental agency; a document or instrument where one of the
  6  8 original parties is deceased or otherwise incapacitated; a
  6  9 document or instrument formatted to meet court requirements; a
  6 10 federal tax lien; or a filing under the Uniform Commercial
  6 11 Code.
  6 12    A document or instrument rejected for recording by the
  6 13 county recorder shall be returned to the preparer or presenter
  6 14 with an explanation of the reason for rejection.
  6 15    On or after January 1, 2003, a document or instrument that
  6 16 does not conform to the format standards shall not be recorded
  6 17 except upon payment of an additional recording fee of $10 per
  6 18 document or instrument.  The additional recording fee applies
  6 19 only to documents or instruments dated on or after January 1,
  6 20 2003, and does not apply to exempt documents or instruments.
  6 21    The bill takes effect January 1, 2003.  
  6 22 LSB 5205HC 79
  6 23 tj/pj/5
     

Text: HSB00512                          Text: HSB00514
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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