Ky. Rev. Stat. § 65.032

Current through 2024 Ky. Acts ch.225

Section 65.032 - Online portal for electronic filing of recorded instruments - Timeline

(1) As used in this section:

(a) "Recorded instrument" means any document relating to real property, personal property, and any property for which a Kentucky certificate of title has been issued, including but not limited to deeds and mortgages; and

(b) "Portal" means a website or online database that:

1. Is readily accessible by the public to provide remote online access to recorded instruments;

2. Has a network security device that monitors incoming and outgoing network traffic and determines whether to allow or block specific traffic based on a defined set of security rules; and

3. Has a system which provides for backup copies of recorded instruments to be securely stored.

(2) By January 1, 2024, all county clerks shall provide and maintain the portal that allows a person to electronically file any recorded instrument.

(3)

(a) By June 30, 2024, each county clerk shall provide and maintain a portal that contains the following recorded instruments:

1. Filed on or after June 30, 1994:

a. Deeds;

b. Mortgages;

c. Fixture filings under the Uniform Commercial Code:

d. Plats of subdivided property;

e. All covenants, conditions, and restrictions that relate to real property;

f. Easements;

g. Leases or memorandum of leases;

h. Powers of attorney;

i. Land contracts;

j. Wills; and

k. Affidavits that affect or clarify the title to property;

2. Filed on or after June 30, 2004, child support liens;

3. Filed on or after June 30, 2009:

a. Judgment liens;

b. Recoupment and unemployment liens; and

c. Lis pendens notices;

4. Filed on or after June 30, 2014:

a. Federal and state tax liens; and

b. Civil penalty liens; and

5. Filed on or after June 30, 2019:

a. Homeowner's association or condominium liens; and

b. Bail bonds.

(b) By June 30, 2026, each county clerk shall provide and maintain a portal that contains the following recorded instruments filed on or after June 30, 1966, but before June 30, 1994:

1. Deeds;

2. Mortgages;

3. Fixture filings under the Uniform Commercial Code:

4. Plats of subdivided property;

5. All covenants, conditions, and restrictions that relate to real property;

6. Easements;

7. Leases or memorandum of leases;

8. Powers of attorney;

9. Land contracts;

10. Wills; and

11. Affidavits that affect or clarify the title to property.

(4)

(a) Any fee charged by the county clerk for access to electronic copies of recorded instruments shall not exceed the actual cost of providing and maintaining the portal.

(b) If a county clerk contracts with an outside vendor to provide and maintain a portal required under this section, actual costs may include:

1. Development and maintenance of a portal that provides access to recorded instruments;

2. Personnel costs for companies that employ staff to support county clerks;

3. Maintenance of cybersecurity credentials; and

4. Insurance premiums.

(5) A county clerk may redact Social Security numbers from electronic copies of recorded instruments and other personal information from recorded instruments upon request from a law enforcement agency or judicial officer.

KRS 65.032

Amended by 2023 Ky. Acts ch. 177,§ 2, eff. 6/28/2023.

Added by 2022 Ky. Acts ch. 26,§ 1, eff. 7/13/2022.