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Committee backs repeal of century-code mandate that county officers must supply printed blanks
Summary
The committee voted 6-0 to recommend due pass on Senate Bill 2259, which would repeal an antiquated statute (section 44-04-16) requiring local officers to maintain printed blank forms. County recorders testified they do not provide legal forms and said the statute predated modern practice.
The State and Local Government Committee recommended a due pass on Senate Bill 2259 by a 6-0 vote, moving to repeal section 44-04-16 of the Century Code, a provision witnesses described as outdated and potentially misleading to the public.
Senator Judy Lee, sponsor of the bill, said the requirement dates to the constitution and older practice when offices kept printed forms for public transactions; she told the committee the mandate "is beyond its useful lifespan."
Multiple county recorders told the committee they do not supply legal forms or create documents for land transfers and that doing so could expose the office and county to liability. "I've been in this office 33 years, and we have never held forms in this office at all," said Carrie Krause, Wells County Recorder. Krause said customers sometimes assume recorders can give legal advice or provide the correct deed form; she and other witnesses said they instead refer customers to attorneys because documents are legally consequential and vary by circumstance.
Aaron Burst of the Association of Counties described SB 2259 as "a simple bill" to remove an obsolete requirement and pointed the committee to the state's open-record statutes and other existing record-access provisions that remain in force.
Attorney Blaine Johnson, chair of the State Bar Association's Real Property Section, supported repeal but noted that certain commonly used public forms (passport, marriage-license applications) are already provided by offices and that a repeal would not necessarily remove practical access to those forms.
After closing testimony, Senator Barta moved a due-pass recommendation; Senator Wallen seconded. The clerk recorded a 6-0 committee vote to give SB 2259 a due-pass recommendation. Senator Lee volunteered to carry the bill.
