AN
ACT Relating to the recording of instruments via electronic transmission; and
amending RCW 65.04.015, 65.04.030, 65.04.040, 65.04.080, 65.04.090, and
65.04.110.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
65.04.015 and 1991 c 26 s 3 are each amended to read as follows:
The
definitions set forth (([in])) in this section apply throughout
this chapter unless the context clearly requires otherwise.
(1)
"Recording officer" means the county auditor, or in charter counties
the county official charged with the responsibility for recording instruments
in the county records.
(2)
"File," "filed," or "filing" means the act of
delivering or transmitting electronically an instrument to the auditor
or recording officer for recording into the official public records.
(3)
"Record," "recorded," or "recording" means the
process, such as electronic, mechanical, optical, magnetic, or microfilm
storage used by the auditor or recording officer after filing to incorporate
the instrument into the public records.
(4)
"Record location number" means a unique number that identifies the
storage location (book or volume and page, reel and frame, instrument number,
auditor or recording officer file number, receiving number, electronic
retrieval code, or other specific place) of each instrument in the public
records accessible in the same recording office where the instrument containing
the reference to the location is found.
Sec.
2. RCW
65.04.030 and 1991 c 26 s 4 are each amended to read as follows:
The
auditor or recording officer must, upon the payment of the fees as required in
RCW 36.18.010 for the same, acknowledge receipt therefor in writing or printed
form and record in large and well bound books, or by photographic ((or)),
photomechanical, electronic format, or other approved process, the
following:
(1)
Deeds, grants and transfers of real property, mortgages and releases of
mortgages of real estate, instruments or agreements relating to community or
separate property, powers of attorney to convey real estate, and leases which
have been acknowledged or proved: PROVIDED, That deeds, contracts and
mortgages of real estate described by lot and block and addition or plat, shall
not be filed or recorded until the plat of such addition has been filed and
made a matter of record;
(2)
Patents to lands and receivers' receipts, whether for mineral, timber,
homestead or preemption claims or cash entries;
(3)
All such other papers or writing as are required by law to be recorded and such
as are required by law to be filed.
Sec.
3. RCW
65.04.040 and 1991 c 26 s 5 are each amended to read as follows:
Any
state, county, or municipal officer charged with the duty of recording
instruments in public records shall record them by record location number in
the order filed, irrespective of the type of instrument, using a process that
has been tested and approved for the intended purpose by the state archivist.
In
addition, the county auditor or recording officer, in the exercise of the duty
of recording instruments in public records, may, in lieu of transcription,
record all instruments, that he or she is charged by law to record, by any electronic
data transfer, photographic, photostatic, microfilm, microcard, miniature
photographic or other process that actually reproduces or forms a durable
medium for so reproducing the original, and which has been tested and approved
for the intended purpose by the state archivist. If the county auditor or
recording officer records any instrument by a process approved by the state
archivist it shall not be necessary thereafter to make any notations or
marginal notes, which are otherwise required by law, thereon if, in lieu of
making said notations thereon, the auditor or recording officer immediately
makes a note of such in the general index in the column headed
"remarks," listing the record number location of the instrument to
which the current entry relates back.
Previously recorded or filed instruments may be processed and
preserved by any means authorized under this section for the original recording
of instruments. The county auditor or recording officer may provide for the
use of the public, media containing reproductions of instruments and other
materials that have been recorded pursuant to the provisions of this section.
The contents of the media may be arranged according to date of filing,
irrespective of type of instrument, or in such other manner as the county
auditor or recording officer deems proper.
Sec.
4. RCW
65.04.080 and 1985 c 44 s 18 are each amended to read as follows:
When
any instrument, paper, or notice, authorized or required by law to be filed or
recorded, is deposited in or electronically transmitted to the county
auditor's office for filing or record, that officer must indorse upon the same
the time when it was received, noting the year, month, day, hour and minute of
its reception, and note that the document was received by electronic
transmission, and must file, or file and record the same without delay,
together with the acknowledgments, proofs, and certificates written or printed
upon or annexed to the same, with the plats, surveys, schedules and other
papers thereto annexed, in the order and as of the time when the same was
received for filing or record, and must note on the instrument filed, or at the
foot of the record the exact time of its reception, and the name of the person
at whose request it was filed or filed and recorded: PROVIDED, That the county
auditor shall not be required to accept for filing, or filing and recording,
any instrument unless there appear upon the face thereof, the name and nature
of the instrument offered for filing, or filing and recording, as the case may
be.
Sec.
5. RCW
65.04.090 and Code 1881 s 2732 are each amended to read as follows:
((He))
The recording officer must also endorse upon such an instrument,
paper, or notice, the time when and the book and page in which it is
recorded, and must thereafter electronically transmit or deliver it,
upon request, to the party leaving the same for record((,)) or to ((his
order)) the address on the face of the document.
Sec.
6. RCW
65.04.110 and 1965 c 134 s 1 are each amended to read as follows:
If any county auditor to whom an instrument, proved or acknowledged
according to law, or any paper or notice which may by law be recorded is
delivered or electronically transmitted for record: (1) Neglects or
refuses to record such instrument, paper or notice, within a reasonable time
after receiving the same; or (2) records any instruments, papers or
notices untruly, or in any other manner than as ((hereinbefore))
directed in this chapter; or, (3) neglects or refuses to keep in
his or her office such indexes as are required by this act, or to make
the proper entries therein; or, (4) neglects or refuses to make the
searches and to give the certificate required by this act; or if such searches
or certificate are incomplete and defective in any important particular
affecting the property in respect to which the search is requested; or, (5) alters,
changes, or obliterates any records deposited in his or her
office, or inserts any new matter therein; he or she is liable to the
party aggrieved for the amount of damage which may be occasioned thereby((:
PROVIDED, That)). However, if the name or names and address hand
printed, printed, or typewritten on any instrument, proved or
acknowledged according to law, or on any paper or notice which may by law be
filed or recorded, is or are incorrect, or misspelled or not the true name or
names of the party or parties appearing thereon, the county auditor shall not,
by reason of such fact, be liable for any loss or damage resulting therefrom.
