SB 209

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AN ACT

RELATING TO REAL PROPERTY; AMENDING THE UNIFORM REAL PROPERTY

ELECTRONIC RECORDING ACT TO CORRECT AN INTERNAL REFERENCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 14-9A-5 NMSA 1978 (being Laws 2007,

Chapter 261, Section 5) is amended to read:

"14-9A-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

SB 209

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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

14-9A-3 NMSA 1978 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."