2018 -- S 2093

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LC003292

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO PROPERTY -- ELECTRONIC RECORDING

     

     Introduced By: Senators Seveney, DiPalma, Coyne, Calkin, and Felag

     Date Introduced: January 18, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 34 of the General Laws entitled "PROPERTY" is hereby amended by

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adding thereto the following chapter:

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CHAPTER 13.2

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UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT

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     34-13.2-1. Short title.

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     This chapter shall be known and may be cited as the "Uniform Real Property Electronic

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Recording Act."

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     34-13.2-2. Definitions.

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     As used in this chapter:

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     (1) "Document" means information that is:

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     (i) Inscribed on a tangible medium or that is stored in an electronic or other medium and

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is retrievable in perceivable form; and

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     (ii) Eligible to be recorded in the land records maintained by the recorder of deeds.

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     (2) "Electronic" means relating to technology having electrical, digital, magnetic,

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wireless, optical, electromagnetic, or similar capabilities.

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     (3) "Electronic document" means a document that is received by the recorder of deeds in

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an electronic form.

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     (4) "Electronic signature" means an electronic sound, symbol, or process attached to or

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logically associated with a document and executed or adopted by a person with the intent to sign

 

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the document.

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     (5) "Person" means an individual, corporation, business trust, estate, trust partnership,

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limited liability company, association, joint venture, public corporation, government, or

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governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

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     (6) "Recorder of deeds" means the officer who has authority under state law to accept

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documents for recording in the land records office. This could include such officers as the

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"registrar" "clerk", and/or the "recorder".

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     (7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the

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United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of

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the United States.

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     34-13.2-3. Validity of electronic documents.

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     (a) If a law requires, as a condition for recording, that a document be an original, be on

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paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic

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document satisfying this chapter.

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     (b) If a law requires, as a condition for recording, that a document be signed, the

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requirement is satisfied by an electronic signature.

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     (c) A requirement that a document or a signature associated with a document be

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notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic

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signature of the person authorized to perform that act, and all other information required to be

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included, is attached to or logically associated with the document or signature. A physical or

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electronic image of a stamp, impression, or seal need not accompany an electronic signature.

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     34-13.2-4. Recording of documents.

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     (a) In this section, "paper document" means a document that is received by the recorder

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of deeds in a form that is not electronic.

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     (b) A recorder of deeds:

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     (1) Who implements any of the functions listed in this section shall do so in compliance

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with the most recent standards established by the national standard-setting body, Property

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Records Industry Association.

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     (2) May receive, index, store, archive, and transmit electronic documents.

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     (3) May provide for access to, and for search and retrieval of, documents and information

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by electronic means.

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     (4) Who accepts electronic documents for recording shall continue to accept paper

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documents as authorized by state law and shall place entries for both types of documents in the

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same index.

 

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     (5) May convert paper documents accepted for recording into electronic form.

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     (6) May convert into electronic form information recorded before the recorder of deeds

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began to record electronic documents.

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     (7) May accept electronically any fee or tax that the recorder of deeds is authorized to

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collect.

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     (8) May agree with other officials of a state or a political subdivision thereof, or of the

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United States, on procedures or processes to facilitate the electronic satisfaction of prior

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approvals and conditions precedent to recording and the electronic payment of fees and taxes.

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     34-13.2-5. Administration and standards.

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     To keep the standards and practices of recorder of deeds in this state in harmony with the

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standards and practices of recording offices in other jurisdictions that enact substantially this

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chapter and to keep the technology used by recorder of deeds in this state compatible with

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technology used by recording offices in other jurisdictions that enact substantially this chapter,

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the recorder of deeds so far as is consistent with the purposes, policies, and provisions of this

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chapter, in adopting, amending, and repealing standards shall consider the following:

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     (1) Standards and practices of other jurisdictions;

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     (2) The most recent standards promulgated by national standard-setting bodies, such as

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the Property Records Industry Association;

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     (3) The views of interested persons and governmental officials and entities;

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     (4) The needs of municipalities of varying size, population, and resources; and

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     (5) Standards requiring adequate information security protection to ensure that electronic

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documents are accurate, authentic, adequately preserved, and resistant to tampering.

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     34-13.2-6. Uniformity of application and construction.

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     In applying and construing this uniform act, consideration must be given to the need to

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promote uniformity of the law with respect to its subject matter among states that enact it.

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     34-13.2-7. Relation to electronic signatures in global and national commerce act.

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     This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global

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and National Commerce Act (15 U.S.C. §7001, et seq.), but does not modify, limit, or supersede

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§101(c) of that act (15 U.S.C. §7001(c)) or authorize electronic delivery of any of the notices

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described in §103(b) of that chapter (15 U.S.C. §7003(b)).

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     SECTION 2. This act shall take effect on January 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- ELECTRONIC RECORDING

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     This act would authorize a city or town clerk/recorder of deeds, at the clerk's/recorder's

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option, to accept electronic documents for recording real property and land records and to index

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and store those documents.

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     This act would take effect on January 1, 2019.

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