§ 30-10-409 — Reception book - form - contents - acceptance for recording

Colorado § 30-10-409

• Jurisdiction: Colorado
• Title 30: Government
• Art.: County Officers

Text

(1)
The county clerk and recorder shall also keep a reception book, each page of which
shall be divided into five columns, with heads to the respective columns as follows:

Time Names Names To

of of of Whom Fees

Reception Grantors Grantees Delivered Received

(2) When any document has been accepted by the clerk and recorder for
recording and the proper fee has been paid, such document shall be deemed to be
recorded for all purposes. After a document has been received, the clerk and
recorder shall endorse upon such document information, which may be in electronic
form, noting the day, hour, and minute of its acceptance for recording, the index or
reception number, the volume, film or page where recorded, if such are used, and
the fee received for recording the same and shall immediately make an entry of the
same in the reception book, under the appropriate heading, with the amount paid as
fee for recording the same. A document shall be deemed accepted as of the date
and time of its endorsement. The clerk and recorder's endorsement may be done
electronically. When such endorsement is made electronically, the endorsement
shall be immediately perceptible and reproducible. Any document, except those
filed and recorded pursuant to section 38-29-205, C.R.S., that is received by 1 p.m.
on a business day shall be endorsed by the end of that day. Any document that is
received after 1 p.m. on a business day shall be endorsed by 5 p.m. on the following
business day. Those documents received pursuant to section 38-29-205, C.R.S.,
shall be endorsed by the clerk and recorder within three business days. After a
document has been endorsed and processed for recording, the clerk and recorder,
without additional fee or charge, shall deliver it by regular mail, electronic delivery,
or personal delivery to the person authorized to receive the same, writing the name
of the person to whom it is delivered in an appropriate column in the reception book.

(3) In counties with the capability, the county clerk and recorder may
substitute printouts, microfiches, aperture cards, or other legible photographic or
electronic processes for the reception book required by this section; except that
proper audit controls of cash receipts shall be maintained in compliance with
governmental audit procedures.

(4) No clerk and recorder shall be bound to perform any of the duties
required to be performed for which a fee is required unless such fee has been paid
or tendered.

(5) A clerk and recorder who decides to accept electronic filings shall
establish procedures for such electronic filings that are consistent with any
standards or rules established by the electronic recording technology board
pursuant to section 24-21-403, C.R.S. No electronic filings shall be accepted by the
clerk and recorder until the clerk and recorder has established and made publically
available the procedures for electronic filings. Nothing in this article shall be
interpreted to require any clerk and recorder to accept electronic filings. Nothing in
this article shall abridge the power of any clerk and recorder to accept or reject
electronic filings in accordance with the provisions of section 38-35-202, C.R.S.

(6) (a) The deadlines set forth in sections 30-10-407 (4.3) and 30-10-408 (2.5)
and subsection (2) of this section shall be extended for a reasonable period of time
if an extenuating circumstance prevents the clerk and recorder from meeting such
deadlines.

(b) As used in this subsection (6), extenuating circumstance means a
disaster, as defined in section 24-33.5-703 (3), C.R.S., or a technical difficulty
related to computer hardware or software that is outside the control of the clerk
and recorder.

(c) No deadline shall be extended pursuant to this subsection (6), unless the
clerk and recorder makes a written finding of extenuating circumstances that is
available to the public. Such finding shall include the deadline that has been
extended, the reason for the extension, and the period of the extension.

(d) In the case of an extension related to a technical difficulty related to
computer hardware or software, the period of extension shall not exceed seven
days.

Legislative History

Source: G.L. � 485. G.S. � 580. R.S. 08: � 1263. C.L. � 8738. CSA: C. 45, � 85. CRS 53: � 35-4-9. C.R.S. 1963: � 35-4-9. L. 81: (3) added, p. 1436, � 3, effective January 1, 1982. L. 96: Entire section amended, p. 1559, � 6, effective July 1. L. 2002: (2) and (3) amended and (5) added, p. 790, � 4, effective August 7. L. 2004: (2) amended and (6) added, p. 377, � 3, effective July 1; (5) amended, p. 1157, � 1, effective July 1. L. 2009: (2) amended, (SB 09-040), ch. 9, p. 62, � 2, effective July 1. L. 2013: (6) (b) amended, (HB13-1300), ch. 316, p. 1694, � 96, effective August 7. L. 2016: (5) amended, (SB 16-115), ch. 356, p. 1481, � 4, effective June 10.