SENATE BILL 201
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Richard C. Martinez
AN ACT
RELATING TO RECORDING REAL PROPERTY DOCUMENTS; ENACTING THE UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT; PROVIDING FOR THE OPTIONAL RECORDING OF ELECTRONIC REAL PROPERTY DOCUMENTS BY COUNTY CLERKS AND THE VALIDITY OF REAL PROPERTY DOCUMENTS WITH ELECTRONIC SIGNATURES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Uniform Real Property Electronic Recording Act".
Section 2. DEFINITIONS.--As used in the Uniform Real Property Electronic Recording Act:
A. "document" means information that is:
(1) inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form; and
(2) eligible to be recorded in the land records maintained by a county clerk;
B. "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities;
C. "electronic document" means a document that is received by a county clerk in an electronic form;
D. "electronic signature" means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document;
E. "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity; and
F. "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
Section 3. VALIDITY OF ELECTRONIC DOCUMENTS.--
A. If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium or be in writing, the requirement is satisfied by an electronic document satisfying the Uniform Real Property Electronic Recording Act.
B. If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
C. A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied if the electronic signature of the person authorized to perform that act and all other information required to be included is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature.
Section 4. RECORDING OF DOCUMENTS.--
A. In this section, "paper document" means a document that is received by the county clerk in a form that is not electronic.
B. A county clerk:
(1) who implements any of the functions listed in this section shall do so in compliance with standards established by the information technology commission and the state commission of public records, in consultation with the county clerks of New Mexico, pursuant to Section 5 of the Uniform Real Property Electronic Recording Act;
(2) may receive, index, store, archive and transmit electronic documents;
(3) may provide for access to and for search and retrieval of documents and information by electronic means;
(4) who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index;
(5) may convert paper documents accepted for recording into electronic form;
(6) may convert into electronic form information recorded before the county clerk began to record electronic documents;
(7) may accept electronically any fee that the county clerk is authorized to collect; and
(8) may agree with other officials of a state, of a political subdivision of a state or of the United States on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees.
Section 5. ADMINISTRATION AND STANDARDS.--
A. The information technology commission and the state commission of public records, in consultation with the county clerks of New Mexico, shall adopt standards to implement the Uniform Real Property Electronic Recording Act.
B. To keep the standards and practices of county clerks in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially the Uniform Real Property Electronic Recording Act and to keep the technology used by county clerks in this state compatible with technology used by recording offices in other jurisdictions that enact substantially the Uniform Real Property Electronic Recording Act, the information technology commission and the state commission of public records, in consultation with the county clerks of New Mexico, so far as is consistent with the purposes, policies and provisions of the Uniform Real Property Electronic Recording Act, in adopting, amending and repealing standards shall consider:
(1) standards and practices of other jurisdictions;
(2) the most recent standards promulgated by national standard-setting bodies, such as the property records industry association;
(3) the views of interested persons and governmental officials and entities;
(4) the needs of counties of varying size, population and resources; and
(5) standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved and resistant to tampering.
C. The secretary of state may adopt and promulgate rules to implement the provisions of Subsection C of Section 3 of the Uniform Electronic Recording Act by providing for the electronic notarization, acknowledgment, verification, swearing or affirming under oath and other notarial acts by notaries public with respect to a document or signature.
Section 6. UNIFORMITY OF APPLICATION AND CONSTRUCTION.--In applying and construing the Uniform Real Property Electronic Recording Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Section 7. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.--The Uniform Real Property Electronic Recording Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act but does not modify, limit or supersede Section 101(c) of that act or authorize electronic delivery of any of the notices described in Section 103(b) of that act.
Section 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.
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