(1) (a) The electronic recording technology board is created in the department of state. The board consists of the secretary of state, or his or her designee, and eight other members appointed as follows:
One member from the real estate section of the Colorado bar association appointed bythe governor;
One member from the title industry appointed by the governor;
One member from the mortgage lending industry appointed by the secretary of state;
Three members who are clerk and recorders from a first or second class county asdesignated in section 30-1-101, C.R.S., with one appointed by the speaker of the house of representatives and the other two appointed by the secretary of state; and
Two members who are clerk and recorders from a third, fourth, or fifth class countyas designated in section 30-1-101, C.R.S., with one appointed by the president of the senate and the other appointed by the secretary of state.
Appointing authorities shall appoint the initial board members for terms beginningon July 1, 2016, and the board shall have its first meeting by August 15, 2016. All of the board members other than the secretary of state, or his or her designee, serve two-year terms; except that the initial term for the member appointed from the title industry is three years and the term of two of the members representing counties designated by the secretary of state is one year.
Board members serve without compensation; except that board members are entitledto reimbursement from the fund for actual and necessary expenses incurred in the performance of their duties. A vacancy on the board is filled in the same manner as the original appointment was made. A person appointed to fill a vacancy serves for the remainder of the unexpired term.
(2) The board constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds under section 24-21-405 and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. The business purpose of the board is to develop and modernize electronic filing systems throughout the state. So long as it constitutes an enterprise under this section, the board is not subject to any provisions of section 20 of article X of the state constitution.
Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1478, § 3, effective June 10. 24-21-403. Core goals - powers and duties - rules. (1) The general assembly hereby declares that the core goals in developing and modernizing electronic filing systems are to:
Assure the security, accuracy, and preservation of public records required to be maintained by a clerk and recorder;
Maintain the privacy of personal identifying information, online public access towhich is not necessary to the proper functioning of land title records or other public records required to be maintained by a clerk and recorder;
Assure that the sequence in which documents are received by a clerk and recorder forrecording or filing is accurately reflected, to the greatest extent practicable, in the records of the clerk and recorder, regardless of whether documents are received electronically or by other means;
Provide for online public access to public records maintained by a clerk and recorder;and
Assure that electronic filing systems used in different counties are similar so as tofacilitate the submission and searching of electronic records.
In order to accomplish its business purpose, the board may impose an electronicfiling surcharge of up to two dollars that is uniformly collected on all documents received by a county clerk and recorder for recording or filing on or after January 1, 2017, through December 31, 2021.
The board shall:
Develop a strategic plan that incorporates the core goals;
Determine functionality standards for an electronic filing system that support thecore goals;
Issue a request for proposal for electronic filing system equipment and software thatthe counties may choose to acquire;
Develop best practices for an electronic filing system;
Provide training to clerk and recorders related to electronic filing systems;(f) Award grants in accordance with section 24-21-404; and (g) Prepare reports in accordance with section 24-21-406.
(4) The board may:
Issue bonds in accordance with section 24-21-405; and
Promulgate any rules necessary to administer the provisions of this part 4.
Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1479, § 3, effective June 10.