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Recorders Testify in Support of Repeal of Century Code Provision Requiring Public Forms; Committee Gives Due Pass

March 20, 2025 | Political Subdivisions, House of Representatives, Legislative, North Dakota


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Recorders Testify in Support of Repeal of Century Code Provision Requiring Public Forms; Committee Gives Due Pass
County recorders from multiple counties told the North Dakota House Political Subdivisions Committee they support repealing Century Code section 44-04-16, a provision that the recorders said historically required county, city, township and school-district officers to provide blank forms for official business.

Carrie Krause, Wells County Recorder, said many recorders did not know the section existed until a recent customer requested a form the office does not keep. "44-04-16 is the officers to provide blanks and records for the office... I explained to him I wouldn't know what kind of a document he would need," Krause said, adding that recorders are not attorneys and cannot safely advise customers which deed or legal form to use.

Laurie Good, LaMoure County Recorder, agreed and said providing fillable deed forms or other documents could create liability if a wrong form were provided and caused title problems. Nancy Sifa, Morton County Recorder, added recorders' responsibilities should remain focused on making sure documents meet recording standards and safeguarding records, not drafting documents.

Aaron Burst of the Association of Counties testified the language dates to the state's early statutes and that the repeal would be a cleanup; statutory forms can be mandated elsewhere if needed. The committee voted to give Senate Bill 22-59 a due pass recommendation; the clerk recorded the tally as 12 yes, 0 no, 1 absent. The committee referred the bill to the consent calendar.

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