AN ACT Relating to recording procedures; adding new sections to chapter 40.14 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that:

(1) The public and the business community of this state would benefit from the standardization and modernization of recording systems among the counties;

(2) A centralized source of expertise in recording practices and technologies and the routine exchange of this information among county auditors and recording officers is an essential requirement for achieving standardization; and

(3) The division of archives and records management in the office of the secretary of state is the appropriate state agency to assist county auditors and recording officers to promote uniformity and standardization among counties, improve recording procedures and systems, and provide increased security for recorded documents.

NEW SECTION. Sec. 2. The secretary of state, through the division of archives and records management, is designated as the state recording officer to perform the functions required by sections 1 through 5 of this act.

NEW SECTION. Sec. 3. A state advisory committee on recording systems is established. The committee shall be composed of the following members:

(1) The state recording officer, who shall serve as chairperson of the committee;

(2) The state archivist or his or her designee;

(3) The designee of the attorney general;

(4) One county auditor or recording officer appointed by the Washington state association of county auditors from each of the following groups of counties:

(a) Class AA;

(b) Class A through first class;

(d) Sixth through ninth class; and

(5) One representative of a land title insurance company or land title company.

NEW SECTION. Sec. 4. (1) The advisory committee shall recommend and propose to the state recording officer:

(a) Any rules that, in their judgment, will accomplish the purposes of sections 1 through 5 of this act and that will improve recording services to the public; and

(b) Any policies and methods for standardizing and improving recording systems that, in their judgment, will accomplish the purposes of sections 1 through 5 of this act.

(2) The advisory committee shall recommend to the legislature any additions to or changes in state law that, in its judgment, will promote the standardization or improvement of recording systems or that will otherwise accomplish the purposes of sections 1 through 5 of this act.

NEW SECTION. Sec. 5. The state recording officer shall:

(1) Serve as the chairperson of the state advisory committee on recording systems;

(2) In accordance with chapter 34.05 RCW, consider and adopt rules, proposed by the state advisory committee on recording systems, governing the maintenance of and access to recorded documents;

(3) In conjunction with the state advisory committee on recording systems, develop and distribute guidelines and recommended procedures for the efficient and uniform operation of recording systems in accordance with state laws;

(4) Monitor developments in the technology available for recording, indexing, and duplicating documents and for the accurate transmission and reproduction of document images;

(5) Exchange information among county auditors and recording officers on recording laws and procedures and on recording, indexing, and duplicating technology; and

(6) Review and approve new procedures and changes to procedures proposed by county auditors and recording officers for conformance with rules and guidelines adopted under this section.

In implementing any provisions of sections 1 through 5 of this act, the state recording officer shall seek the advice of the director of the department of information services.

NEW SECTION. Sec. 6. The state advisory committee on recording systems shall:

(1) Review and evaluate the recommendations of the board of commissioners for uniform state laws and existing state laws on recording procedures to determine what changes in statutes and procedures would simplify the recording process for the public and the business community, improve access to recorded documents, and eliminate conflicting provisions of current recording laws;

(2) Investigate the feasibility of standardizing forms and procedures for recording documents and for requesting information on recorded documents from counties;

(3) Investigate the feasibility of consolidating or linking the general indexes of participating counties so that information on recorded documents filed in any participating county would be available through any other county recording office; and

(4) Make specific recommendations to the legislature for additions to or changes in state law in each of these areas no later than January 1, 1992.

NEW SECTION. Sec. 7. Sections 1 through 5 of this act are each added to chapter 40.14 RCW.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.