(1) The general assembly hereby declares that the core goals in developing and modernizing electronic filing systems are to: (a) Assure the security, accuracy, and preservation of public records required to be maintained by a clerk and recorder; (b) Maintain the privacy of personal identifying information, online public access to which is not necessary to the proper functioning of land title records or other public records required to be maintained by a clerk and recorder; (c) Assure that the sequence in which documents are received by a clerk and recorder for recording 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; (d) Provide for online public access to public records maintained by a clerk and recorder; and (e) Assure that electronic filing systems used in different counties are similar so as to facilitate the submission and searching of electronic records. (2) [Editor's note: This version of subsection (2) is effective until July 1, 2025.] In order to accomplish its business purpose, the board may impose an electronic filing 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 April 30, 2026. (2) [Editor's note: This version of subsection (2) is effective July 1, 2025.] In order to accomplish its business purpose, the board may impose an electronic filing 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 April 30, 2029. (3) The board shall: (a) Develop a strategic plan that incorporates the core goals; (b) Determine functionality standards for an electronic filing system that support the core goals; (c) Issue a request for proposal for electronic filing system equipment and software that the counties may choose to acquire; (d) Develop best practices for an electronic filing system; (e) 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: (a) Issue bonds in accordance with section 24-21-405; and (b) Promulgate any rules necessary to administer the provisions of this part 4.
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