SB 1011 Gives recorders of deeds discretion about where instruments are recorded and protects personal information in documents
Sponsor: Wheeler
LR Number: 4971S.01I Fiscal Note: 4971-01
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 2/27/2006 - Hearing Conducted S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2006

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Current Bill Summary


SB 1011 - This act allows the Recorder of Deeds in counties of the first classification to record all deeds, mortgages, and other instruments at either the county seat location or the other location in the county that is required by statute. Currently, the statute specifies at which office certain instruments must be recorded. Priority of record will be given strictly by the date and time that an instrument is recorded without regard to the location of the office.

Currently, the Recorder of Deeds for Jackson County must have a Kansas City office and must record all instruments affecting property within a certain area at such office. This act gives the recorder discretion about recording such instruments at the Kansas City office. Such deeds and instruments may also be recorded at the office located at the county seat office of Jackson County.

With limited exceptions, this act prohibits the preparer of a document from including "sensitive personal identifying information" in a document that is prepared for the recorder. Such information includes federal social security numbers, bank account numbers, and credit card account numbers. Currently, only the use of social security numbers is prohibited. If a person's sensitive personal identifying information appears on a document, the preparer, submitter, or anyone in an agency relationship with the person may redact, remove, or delete such information before submitting it to the recorder. The redaction of such information shall not affect the legal status of the transaction described in the document. The Recorder of Deeds shall not alter or modify any document except as otherwise provided by law.

If any sensitive personal identifying information in a record is viewable on an Internet website of a Recorder of Deeds, any person may apply in writing to the recorder for redaction or removal of the information. Upon receiving such application, the recorder of deeds may redact or remove the document from the records viewable on the Internet.

The two-dollar portion of the user fee for recording instruments that recorders retain for their "recorder's fund" may be used to cover the cost of redacting sensitive personal identifying information from documents.

Certain provisions of this act are similar to provisions of TAT/CCS/HCS/SCS/SB 932 (2006) & SCS/HB 1707 (2006).

SUSAN HENDERSON MOORE