PUBLIC TRUSTEE’S ASSOCIATION
E-BUSINESS COMMITTEE MEETING
DECEMBER 4, 2003
HELD AT THE GILPIN COUNTY JUSTICE CENTER
CENTRAL CITY, COLORADO
The meeting was opened by the committee Chairman, Jack Arrowsmith. He thanked our hostess, Alynn Huffman, Gilpin County Treasurer/Public Trustee.
Two new members were introduced, Ginger Dyer, Security Title, Bailey, CO representing the Title Companies; and Larry Castle, Attorney with the Castle, Meinhold & Stawiarski Law Firm to provide information from the attorneys’ perspective.
The other members in attendance were as follows:
Jack Arrowsmith, Douglas County Public Trustee, Chairman
Marilyn Bullard, Douglas County Chief Deputy Public Trustee, Secretary
Angela Dazlich, Larimer County Public Trustee
Roxy Huber, City and County of Broomfield Revenue Manager/Public Trustee
Alynn Huffman, Gilpin County Treasurer/Public Trustee
Sandy Hume, Boulder County Public Trustee
Michelle Miller, Park County Treasurer/Public Trustee
Jim Wills, Boulder County Deputy Public Trustee
The opening topic of discussion was about the larger counties using some of their excess funds to help the smaller counties get into the e-recording process. Jack reported that the Douglas County Attorney thought that C.R.S. 38-37-111 seems to support this concept and might be supportable. It was suggested that larger PT’s set aside funds for this purpose. Jack will contact Bob about the larger counties starting this escrow fund.
The County Clerk and Recorders established through legislation a $1.00 surcharge on their recording fees. .50 is to be retained by the County Clerk for the purpose of supporting e-recording technology and .50 is being directed to a state fund for the same purpose. Any county can apply to the technology committee to request the use of these state funds. The state fund currently sits at approximately 1.5 million dollars. The Secretary of State will be asking the Colorado State Legislature for the authority to spend this 1.5 million. It is felt that both Public Trustee’s as well as the Clerk and Recorder’s might request these funds. Roxy Huber from Broomfield, will apply for this funding as she needs the funds, and, will test the waters for the Public Trustee’s. Application forms were provided by Jim Wills, Boulder County Deputy Public Trustee, who is on the E-filing Advisory Panel. Sandy Hume stated that we need to move forward, with caution, rather than to just stay back and wait for things to happen. All agreed with these recommendations and actions.
Jim Wills from Boulder gave us an update as to the status of the E-Notary rulings. The ruling will be in place within 2 to 3 weeks. There will be a meeting on December 18, 2003, at the Secretary of State’s Office and Jim recommended all members of the e-business committee attend if possible. Jack will give an updated report at that meeting stating where the PT’s are in regards to E-Recording.
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Larry Castle gave us some information as to what the attorneys concerns are. He recommended that we have Rich Krohn as our advocate. He has the accessibility to get the attorney’s in the Bar Association to move. He also had some suggestions and ideas for the PT’s to consider.
There was a presentation, by Jack Arrowsmith, and much discussion about the E-recording process with concerns presented that affect the Title Companies, the individual county’s IT departments, and security issues. Also, what type of servers might be used, where these servers might be located, and the costs related to implementing and using the e-recording process. There will be a demonstration of Kuvera the 2nd week of January 2004, in Boulder.
Jack asked Larry Castle if he could determine if it was legal to attach an electronic signature to a level II document. Larry said he would report back at our next meeting.
Ginger Dyer gave us an overview of the position and concerns of the Title Companies. The Title Companies are working toward the implementation of E-recording because the turn around time would be to their advantage. They will work together to make things happen for them, but not with a middle man. There has to be an incentive for the Title Companies and e-business should not cost more. This needs to work for them and the lenders as well. The Title Companies want the Public Trustee’s to be happy too.
Our next meeting will be in Boulder with the tentative date of January 15, 2004. We will be notified of the time and place.
Respectfully Submitted
Marilyn Bullard
Secretary Public Trustee e-business