2007 Legislation
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SENATE BILL NO. 1018 – Real property electronic recording

SENATE BILL NO. 1018

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Bill Status



S1018................................................by JUDICIARY AND RULES
REAL PROPERTY ELECTRONIC RECORDING - Adds to existing law to set forth the
"Uniform Real Property Electronic Recording Act"; to provide a short title;
to define terms; to provide for the validity of electronic documents; to
provide for the recording of documents; to create the Electronic Recording
Commission; to provide for commission officers; to provide for standards
and practices of records as prescribed by the commission; to provide for
uniformity of application and construction; and to provide for relation to
the Electronic Signatures in Global and National Commerce Act.
                                                                        
01/16    Senate intro - 1st rdg - to printing
01/17    Rpt prt - to Jud
01/25    Rpt out - rec d/p - to 2nd rdg
01/26    2nd rdg - to 3rd rdg
02/02    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Little, Lodge,
      Malepeai, McGee, McKague, McKenzie, Pearce, Schroeder, Siddoway,
      Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Gannon, Langhorst, Richardson
    Floor Sponsor - Kelly
    Title apvd - to House
02/05    House intro - 1st rdg - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 62-0-8
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, Mortimer, Moyle, Nonini,
      Patrick, Pence, Raybould, Ring, Ringo, Ruchti, Rusche, Sayler,
      Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24),
      Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wood(27), Wood(35),
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Crane, Labrador, McGeachin, Nielsen,
      Pasley-Stuart, Roberts, Schaefer, Wills
    Floor Sponsor - Trail
    Title apvd - to Senate
03/07    To enrol
03/08    Rpt enrol - Pres signed - Sp signed
03/09    To Governor
03/13    Governor signed
         Session Law Chapter 63
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1018
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO REAL PROPERTY RECORDING; AMENDING TITLE 31,  IDAHO  CODE,  BY  THE
  3        ADDITION  OF A NEW CHAPTER 29, TITLE 31, IDAHO CODE, TO SET FORTH THE UNI-
  4        FORM REAL PROPERTY ELECTRONIC RECORDING ACT, TO PROVIDE A SHORT TITLE,  TO
  5        DEFINE TERMS, TO PROVIDE FOR THE VALIDITY OF ELECTRONIC DOCUMENTS, TO PRO-
  6        VIDE  FOR  THE  RECORDING OF DOCUMENTS, TO CREATE THE ELECTRONIC RECORDING
  7        COMMISSION, TO PROVIDE FOR COMMISSION OFFICERS, TO PROVIDE  FOR  STANDARDS
  8        AND  PRACTICES  OF RECORDS AS PRESCRIBED BY THE COMMISSION, TO PROVIDE FOR
  9        UNIFORMITY OF APPLICATION AND CONSTRUCTION AND TO PROVIDE FOR RELATION  TO
 10        THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That Title 31, Idaho Code, be, and the same is hereby amended
 13    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 14    ter 29, Title 31, Idaho Code, and to read as follows:
                                                                        
 15                                      CHAPTER 29
 16                    UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT
                                                                        
 17        31-2901.  SHORT TITLE. This chapter shall be known and may be cited as the
 18    "Uniform Real Property Electronic Recording Act."
                                                                        
 19        31-2902.  DEFINITIONS. In this chapter:
 20        (1)  "Document" means information that is:
 21        (a)  Inscribed  on a tangible medium or that is stored in an electronic or
 22        other medium and is retrievable in perceivable form; and
 23        (b)  Eligible to be  recorded  in  the  land  records  maintained  by  the
 24        recorder.
 25        (2)  "Electronic" means relating to technology having electrical, digital,
 26    magnetic, wireless, optical, electromagnetic or similar capabilities.
 27        (3)  "Electronic  document"  means  a  document  that  is  received by the
 28    recorder in an electronic form.
 29        (4)  "Electronic signature" means an electronic sound, symbol  or  process
 30    attached to or logically associated with a document and executed or adopted by
 31    a person with the intent to sign the document.
 32        (5)  "Person"  means  an  individual, corporation, business trust, estate,
 33    trust, partnership, limited liability  company,  association,  joint  venture,
 34    public corporation, government, or governmental subdivision, agency or instru-
 35    mentality, or any other legal or commercial entity.
 36        (6)  "State" means a state of the United States, the District of Columbia,
 37    Puerto  Rico,  the  United  States Virgin Islands, or any territory or insular
 38    possession subject to the jurisdiction of the United States.
                                                                        
 39        31-2903.  VALIDITY OF ELECTRONIC DOCUMENTS. (1) If a law  requires,  as  a
 40    condition  for  recording,  that  a  document  be  an original, be on paper or
                                                                        
                                       2
                                                                        
  1    another tangible medium, or be in writing, the requirement is satisfied by  an
  2    electronic document satisfying this chapter.
  3        (2)  If  a  law requires, as a condition for recording, that a document be
  4    signed, the requirement is satisfied by an electronic signature.
  5        (3)  A requirement that a document or a signature associated with a  docu-
  6    ment  be  notarized,  acknowledged, verified, witnessed, or made under oath is
  7    satisfied if the electronic signature of the person authorized to perform that
  8    act, and all other information required to be included, is attached to or log-
  9    ically associated with the document or signature.  A  physical  or  electronic
 10    image  of  a stamp, impression or seal need not accompany an electronic signa-
 11    ture.
                                                                        
 12        31-2904.  RECORDING OF DOCUMENTS. (1)  In this section,  "paper  document"
 13    means  a document that is received by the recorder in a form that is not elec-
 14    tronic.
 15        (2)  A recorder:
 16        (a)  Who implements any of the functions listed in this section  shall  do
 17        so  in  compliance  with standards established by the electronic recording
 18        commission, as created in section 31-2905, Idaho Code;
 19        (b)  May receive, index, store, archive and transmit electronic documents;
 20        (c)  May provide for access to, and for search and retrieval of, documents
 21        and information by electronic means;
 22        (d)  Who accepts electronic documents  for  recording  shall  continue  to
 23        accept  paper documents as authorized by state law and shall place entries
 24        for both types of documents in the same index;
 25        (e)  May convert paper documents accepted for  recording  into  electronic
 26        form;
 27        (f)  May  convert  into  electronic  form  information recorded before the
 28        recorder began to record electronic documents;
 29        (g)  May accept electronically any fee that the recorder is authorized  to
 30        collect; and
 31        (h)  May  agree with other officials of a state or a political subdivision
 32        thereof, or of the United States, on procedures or processes to facilitate
 33        the electronic satisfaction of prior approvals and conditions precedent to
 34        recording and the electronic payment of fees.
                                                                        
 35        31-2905.  COMMISSION CREATED -- OFFICERS -- STANDARDS. (1)  An  electronic
 36    recording commission consisting of seven (7) members appointed by the governor
 37    is  hereby created to adopt standards to implement this chapter. A majority of
 38    the members of the commission must be recorders, and at least one  (1)  member
 39    shall  be  a  representative  from  the title insurance industry. The governor
 40    shall appoint three (3) members, each for a term of two  (2)  years;  two  (2)
 41    members,  each  for  a term of three (3) years; and two (2) members each for a
 42    term of four (4) years. Thereafter, the term  of  office  shall  be  four  (4)
 43    years.  Vacancies  in any unexpired term shall be filled by appointment by the
 44    governor for the remainder of the unexpired term.
 45        (2)  The commission shall annually elect a chairman and a  secretary-trea-
 46    surer  from  among  its  members. The commission shall meet regularly at least
 47    once each year, and at such other times as called  by  the  chairman  or  when
 48    requested by two (2) or more members of the commission.
 49        (3)  To  keep  the  standards  and practices of recorders in this state in
 50    harmony with the standards and practices of recording offices in other  juris-
 51    dictions  that enact substantially this uniform act and to keep the technology
 52    used by recorders in this state compatible with technology used  by  recording
 53    offices in other jurisdictions that enact substantially  this uniform act, the
                                                                        
                                       3
                                                                        
  1    electronic  recording  commission,  so far as is consistent with the purposes,
  2    policies and provisions of this chapter, shall adopt, amend  or  repeal  stan-
  3    dards, taking into account the following considerations:
  4        (a)  Standards and practices of other jurisdictions;
  5        (b)  The  most  recent  standards promulgated by national standard-setting
  6        bodies, such as the property records industry association;
  7        (c)  The views of interested persons and governmental officials and  enti-
  8        ties;
  9        (d)  The needs of counties of varying size, population and resources; and
 10        (e)  Standards  requiring  adequate  information  security  protection  to
 11        ensure  that electronic documents are accurate, authentic, adequately pre-
 12        served and resistant to tampering.
                                                                        
 13        31-2906.  UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and con-
 14    struing this uniform act, consideration must be given to the need  to  promote
 15    uniformity  of  the  law  with respect to its subject matter among states that
 16    enact it.
                                                                        
 17        31-2907.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL  AND  NATIONAL  COM-
 18    MERCE  ACT.  This  chapter  modifies, limits, and supersedes the federal elec-
 19    tronic signatures in global and national commerce act, 15 U.S.C. section 7001,
 20    et seq., but does not modify, limit, or supersede section 101(c) of  that  act
 21    or  authorize  electronic  delivery of any of the notices described in section
 22    103(b) of that act.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16577

The Uniform Real Property Electronic Recording Act provides
county clerks and recorders the legal authority to prepare for
recording of real property instruments.  This act creates
legislation authorizing recorders to begin accepting records in
electronic form, storing electronic records, and setting up
systems for searching for and retrieving these records.


                           FISCAL NOTE

There will be no impact on the state's general fund.
     


Contact
Name:  Senator Bart Davis 
Phone: 208-332-1305
Name:  Dale G. Higer
Phone: 208-345-1432

 
STATEMENT OF PURPOSE/FISCAL NOTE                        S 1018