Print Friendly SENATE BILL NO. 1018 – Real property electronic recording
SENATE BILL NO. 1018
View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
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),
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
]]]] 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
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
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-
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-
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
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
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-
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
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.
There will be no impact on the state's general fund.
Name: Senator Bart Davis
Name: Dale G. Higer
STATEMENT OF PURPOSE/FISCAL NOTE S 1018