The Washington Legislature will consider a bill regarding the recording standards commission in 2018.
The bill, HB 2316, is being sponsored by Rep. Joyce McDonald, R-Puyallup; Rep. Laurie Dolan, D-Olympia; Rep. Drew Stokesbary, R-Auburn; and Rep. Mia Gregerson, D-Des Moines.
The bill states, “The legislature recognizes the necessity to clarify existing law regarding the recording of documents with county recording departments and county auditors. Recording standards and practices vary from county to county, which creates confusion and liability. County recorders, real estate firms, title and escrow companies and consumer groups need simplified and standardized recording standards and fees. It is the intent of the legislature that the secretary of state have the authority to create regulations for consistent recording of documents by county auditors.”
It would redefine the eRecording standards commission as the recording standards commission and define it as “the body of stakeholders appointed by the secretary of state to review recording standards, including but not limited to electronic recording standards, and make recommendations to the secretary under RCW 65.24.040.”
It would amend RCW 65.24.040 and 2008 c 57 s 5 to read, “The office of the secretary of state shall create and appoint a recording standards commission. The recording standards commission shall review recording standards, including electronic recording standards, and make recommendations to the secretary of state for rules necessary to implement this chapter. A majority of the commission must be county recorders or county auditors. The commission may include assessors, treasurers, land title company representatives, escrow agents, and mortgage brokers, the state archivist, county surveyors and any other party the secretary of state deems appropriate.”
It would continue, “to keep the standards and practices of recording officers in this state in harmony, and to promote harmony with the standards and practices of recording offices in other jurisdictions that enact similar legislation or policy and to keep the technology used by recording officers in this state compatible with technology used by recording offices in other jurisdictions that enact similar legislation or policy, the office of the secretary of state, under RCW 40.14.020, so far as is consistent with the purposes, policies and provisions of this chapter, in adopting, amending and repealing rules supporting recording standards shall consider:
- The standards and practices of other jurisdictions;
- The most recent standards adopted by national standard-setting bodies, such as the property records industry association;
- The views of interested persons and governmental officials and entities;
- The needs of counties of varying size, population and resources;
- Standards requiring adequate information security protection to ensure that documents are accurate, authentic, adequately preserved and resistant to tampering;
- Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved and resistant to tampering;
- Standards for the certification of recorded documents including imaged paper documents and documents that are received by the recording officer in an electronic form; and
- Standards on the documentation and recording of boundary line adjustments for real property.”
A new provision would allow the secretary of state, as chief archivist, to make reasonable rules in accordance with federal and state law, to provide for the uniform recording of documents in cooperation with the commission. In particular, the secretary of state would be permitted to make rules governing:
- Recording duties of county recorders and county auditors;
- Recording standards for the creation of certified copies for use as evidence;
- Recording standards for documents related to eminent domain;
- Recording standards for documents relating to community property;
- Recording standards for documents related to unfit dwellings, buildings and structures;
- Recording standards for court summons served and court judgments;
- Recording standards for documents related to military discharge;
- Recording standards for documents related to boundaries and plats not otherwise under the rule-making authority of another state agency;
- Recording standards for documents related to liens;
- Recording standards for documents related to mortgages, deeds of trust and real estate contracts;
- Recording standards for documents related to the uniform commercial code;
- Recording standards for documents related to real property and conveyances;
- Standards to be used in recording, registration and legal publication under the chapter;
- Recording standards for documents related to cemetery property;
- Standards for fee waivers including but not limited to documents for veterans and support of dependent children;
- Recording standards for documents related to mines, minerals and petroleum;
- Recording standards for documents related to public lands, including tidelands and shorelines;
- Recording standards for documents related to excise tax on real estate;
- Recording standards for documents related to property tax;
- Recording standards for documents prepared in foreign countries; and
- Recording standards for documents not identified in the subsection.