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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN 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 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