2018 -- S 2145 SUBSTITUTE A | |
======== | |
LC004023/SUB A | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2018 | |
____________ | |
A N A C T | |
RELATING TO PROPERTY -- ELECTRONIC RECORDING | |
| |
Introduced By: Senators Crowley, and Seveney | |
Date Introduced: January 23, 2018 | |
Referred To: Senate Judiciary | |
(Clerk's Association) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 34 of the General Laws entitled "PROPERTY" is hereby amended by |
2 | adding thereto the following chapter: |
3 | CHAPTER 13.2 |
4 | UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT |
5 | 34-13.2-1. Short title. |
6 | This chapter shall be known and may be cited as the "Uniform Real Property Electronic |
7 | Recording Act." |
8 | 34-13.2-2. Definitions. |
9 | As used in this chapter: |
10 | (1) "Document" means information that is: |
11 | (i) Inscribed on a tangible medium or that is stored in an electronic or other medium and |
12 | is retrievable in perceivable form; and |
13 | (ii) Eligible to be recorded in the land records maintained by the recorder of deeds. |
14 | (2) "Electronic" means relating to technology having electrical, digital, magnetic, |
15 | wireless, optical, electromagnetic, or similar capabilities. |
16 | (3) "Electronic document" means a document that is received by the recorder of deeds in |
17 | an electronic form. |
18 | (4) "Electronic signature" means an electronic sound, symbol, or process attached to or |
19 | logically associated with a document and executed or adopted by a person with the intent to sign |
| |
1 | the document. |
2 | (5) "Jurisdiction" means any municipality, city, or town incorporated in the state of |
3 | Rhode Island. |
4 | (6) "Person" means an individual, corporation, business trust, estate, trust partnership, |
5 | limited liability company, association, joint venture, public corporation, government, or |
6 | governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. |
7 | (7) "Recorder of deeds" means the officer who has authority under state law to accept |
8 | documents for recording in the land records office. This could include such officers as the |
9 | "registrar" "clerk", and/or the "recorder". |
10 | (8) "State" means the state of Rhode Island. |
11 | 34-13.2-3. Validity of electronic documents. |
12 | (a) If a law requires, as a condition for recording, that a document be an original, be on |
13 | paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic |
14 | document satisfying this chapter. |
15 | (b) If a law requires, as a condition for recording, that a document be signed, the |
16 | requirement is satisfied by an electronic signature. |
17 | (c) A requirement that a document or a signature associated with a document be |
18 | notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic |
19 | signature of the person authorized to perform that act, and all other information required to be |
20 | included, is attached to or logically associated with the document or signature. A physical or |
21 | electronic image of a stamp, impression, or seal need not accompany an electronic signature. |
22 | 34-13.2-4. Recording of documents. |
23 | (a) In this section, "paper document" means a document that is received by the recorder |
24 | of deeds in a form that is not electronic. |
25 | (b) A recorder of deeds: |
26 | (1) Who implements any of the functions listed in this section shall do so in compliance |
27 | with the most recent standards and best practices. |
28 | (2) May receive, index, store, archive, and transmit electronic documents. |
29 | (3) May provide for access to, and for search and retrieval of, documents and information |
30 | by electronic means. |
31 | (4) Who accepts electronic documents for recording shall continue to accept paper |
32 | documents as authorized by state law and shall place entries for both types of documents in the |
33 | same index. |
34 | (5) May convert paper documents accepted for recording into electronic form. |
| LC004023/SUB A - Page 2 of 3 |
1 | (6) May convert into electronic form information recorded before the recorder of deeds |
2 | began to record electronic documents. |
3 | (7) May accept electronically any fee or tax that the recorder of deeds is authorized to |
4 | collect pursuant to § 34-13-7. |
5 | (8) May agree with other officials of other cities or towns within the state, on procedures |
6 | or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to |
7 | recording and the electronic payment of fees and taxes. |
8 | 34-13.2-5. Administration and standards. |
9 | To keep the standards and practices of recorder of deeds in this state in harmony with |
10 | other jurisdictions in this state, the recorder of deeds so far as is consistent with the purposes, |
11 | policies, and provisions of this chapter, in adopting, amending, and repealing standards shall |
12 | consider the following: |
13 | (1) Standards and practices of other jurisdictions; |
14 | (2) Best practices that are accepted or prescribed as being correct or most effective; |
15 | (3) The views of interested persons and governmental officials and entities; |
16 | (4) The needs of municipalities of varying size, population, and resources; and |
17 | (5) Standards requiring adequate information security protection to ensure that electronic |
18 | documents are accurate, authentic, adequately preserved, and resistant to tampering. |
19 | 34-13.2-6. Relation to electronic signatures in global and national commerce act. |
20 | This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global |
21 | and National Commerce Act (15 U.S.C. §7001, et seq.), but does not modify, limit, or supersede |
22 | §101(c) of that act (15 U.S.C. §7001(c)) or authorize electronic delivery of any of the notices |
23 | described in §103(b) of that chapter (15 U.S.C. §7003(b)). |
24 | SECTION 2. This act shall take effect on January 1, 2019. |
======== | |
LC004023/SUB A | |
======== | |
| LC004023/SUB A - Page 3 of 3 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PROPERTY -- ELECTRONIC RECORDING | |
*** | |
1 | This act would authorize a city or town clerk/recorder of deeds, at the clerk's/recorder's |
2 | option, to accept electronic documents for recording real property and land records and to index |
3 | and store those documents. |
4 | This act would take effect on January 1, 2019. |
======== | |
LC004023/SUB A | |
======== | |
| LC004023/SUB A - Page 4 of 3 |