Members,

The Liaison Committee met Thursday May 11 at Alliance Title Parkcenter. Some of the issues discussed included:

1. Martin advised the legislative committee met with Dir. Cameron, Jim and Molly at the DOI to discuss cancelation fees. There was discussion about revising the “may versus shall” language but not eliminating the issue as situations exist that should be addressed. In particular, there was discussion about when an order is opened that triggers the cancelation fee issue as an inducement. There was discussion the DOI could come up with an Advisory or a FAQ Memo that addressed the “opening of an order” and what scenarios would cross the line to make the cancelation fee issue an illegal inducement. The DOI is taking the lead on drafts at this point. Ongoing discussions will take place as this is an issue to be addressed this summer ahead of changes for the 2018 legislative session. Your thoughts on the matter are important. Contact Jim or one of the board members or respond to these minutes if you want to be heard. Attending the hearings and/or submitting comments through the rule making process are alternative avenues to be heard.
2. Martin advised the realtors are taking the lead on the Condo Certs issue as the matter was put on hold in the 2017 legislative session as the draft legislation circulated needed revisions. Martin will be monitoring the status of this issue and we stand ready to support.
3. Martin has been in discussion with Kelly at the Idaho Association of Counties working on the E-recording issue and the straggler Counties that still do not have e-recording. The 6 stragglers have been reduced to 5 as Adams County went live. Nez Perce, Shoshone, Butte, Boundary, and Franklin Counties remain with all indicating they would implement except for Shoshone. Josh at Simplifle is working with the Counties and will provide a timeline for implementation as we move into the next legislative session and discuss Shoshone County. If you work with Shoshone County and have any insight please respond to the minutes or contact a board member.
4. Another issue that needs to be addressed with the DOI is employee reimbursement. The DOI has concluded title employees cannot receive reimbursement of escrow fees per I.C. §41-1315A.
5. Hilary advised that the Notary Bill passed and is effective July 1. Attached is a Notice from the Secretary of State’s Office with a summary of the major changes to be aware of. Remote notary was discussed in the working groups involved with the notary bill that passed and was not viewed favorably. However, this seems to be a growing issue nationally and one that will be monitored.
6. Daryl bought up a situation in Bonneville County where the County is implementing a new document retrieval system and proposing a tiered pricing subscription that could be in excess of the statutory price per page. The County apparently had to re-notice the issue as they had confusion in their notice regarding page versus document. It also seems they want the new system paid for by every title company regardless if they are in a joint plant system. It is unclear at this time what the actual pricing will calculate out to be so the matter is being monitored.
7. Viewer road reports were also discussed. There is a case out of Bonner County (Trunnel v. Fergal) that gives credence to viewer reports as means to create public roads. Some kind of exception may be warranted regarding this issue as these reports are not recorded.
8. Mark your calendar for the Pacific NW Convention hosted by Washington in Suncadia August 16-18.
9. The 2018 ed seminar is scheduled for March 8-9 at The Grove Hotel. The seminar will go back to the Thursday-Friday format – full day Thursday and half day Friday. We are already on the legislature calendar and will host the legislative reception Thursday from 4:30-6:00.
10. The next meeting will be 10:00 Thursday June 15 at the DOI – call in available.

Thanks. John