S.B. 88

1

UNIFORM REAL PROPERTY ELECTRONIC
2 RECORDING
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Lyle W. Hillyard
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill adopts the Uniform Real Property Electronic Recording Act.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . provides for the validity and recording of electronic documents; and
15 . creates the Electronic Recording Commission to adopt standards for recording
16 electronic documents.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides an effective date.
21 Utah Code Sections Affected:
22 ENACTS:
23 57-3a-101, Utah Code Annotated 1953
24 57-3a-102, Utah Code Annotated 1953
25 57-3a-201, Utah Code Annotated 1953
26 57-3a-202, Utah Code Annotated 1953
27 57-3a-301, Utah Code Annotated 1953

28 57-3a-401, Utah Code Annotated 1953
29 57-3a-402, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 57-3a-101 is enacted to read:
33 CHAPTER 3a. UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT
34 Part 1. General Provisions
35 57-3a-101. Title.
36 This chapter is known as the "Uniform Real Property Electronic Recording Act."
37 Section 2. Section 57-3a-102 is enacted to read:
38 57-3a-102. Definitions.
39 As used in this chapter:
40 (1) "Document" means information that is:
41 (a) inscribed on a tangible medium or that is stored in an electronic or other medium
42 and is retrievable in perceivable form; and
43 (b) eligible to be recorded in the land records maintained by the county recorder.
44 (2) "Electronic" means relating to technology having electrical, digital, magnetic,
45 wireless, optical, electromagnetic, or similar capabilities.
46 (3) "Electronic document" means a document that is received by the county recorder in
47 an electronic form.
48 (4) "Electronic signature" means an electronic sound, symbol, or process attached to or
49 logically associated with a document and executed or adopted by a person with the intent to
50 sign the document.
51 (5) "Person" means an individual, corporation, business trust, estate, trust, partnership,
52 limited liability company, association, joint venture, public corporation, government, or
53 governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
54 (6) "State" means a state of the United States, the District of Columbia, Puerto Rico,
55 the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
56 of the United States.
57 Section 3. Section 57-3a-201 is enacted to read:
58 Part 2. Electronic Documents

59 57-3a-201. Validity of electronic documents.
60 (1) If a law requires, as a condition for recording, that a document be an original, be on
61 paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic
62 document satisfying this chapter.
63 (2) If a law requires, as a condition for recording, that a document be signed, the
64 requirement is satisfied by an electronic signature.
65 (3) (a) A requirement that a document or a signature associated with a document be
66 notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic
67 signature of the person authorized to perform that act, and all other information required to be
68 included, is attached to or logically associated with the document or signature.
69 (b) A physical or electronic image of a stamp, impression, or seal need not accompany
70 an electronic signature.
71 Section 4. Section 57-3a-202 is enacted to read:
72 57-3a-202. Recording of documents.
73 (1) In this section, "paper document" means a document that is received by the county
74 recorder in a form that is not electronic.
75 (2) A county recorder:
76 (a) who implements any of the functions listed in this section shall do so in compliance
77 with standards established by the Electronic Recording Commission;
78 (b) may receive, index, store, archive, and transmit electronic documents;
79 (c) may provide for access to, and for search and retrieval of, documents and
80 information by electronic means;
81 (d) who accepts electronic documents for recording shall continue to accept paper
82 documents as authorized by state law and shall place entries for both types of documents in the
83 same index;
84 (e) may convert paper documents accepted for recording into electronic form;
85 (f) may convert into electronic form information recorded before the county recorder
86 began to record electronic documents;
87 (g) may accept electronically any fee that the county recorder is authorized to collect;
88 and
89 (h) may agree with other officials of a state or a political subdivision thereof, or of the

90 United States, on procedures or processes to facilitate the electronic satisfaction of prior
91 approvals and conditions precedent to recording and the electronic payment of fees.
92 Section 5. Section 57-3a-301 is enacted to read:
93 Part 3. Electronic Recording Commission
94 57-3a-301. Administration and standards.
95 (1) (a) An Electronic Recording Commission consisting of five members appointed by
96 the governor is created to adopt standards to implement this chapter.
97 (b) The members of the commission shall be county recorders.
98 (2) To keep the standards and practices of county recorders in this state in harmony
99 with the standards and practices of recording offices in other jurisdictions that enact
100 substantially the Uniform Real Property Electronic Recording Act and to keep the technology
101 used by county recorders in this state compatible with technology used by recording offices in
102 other jurisdictions that enact substantially the Uniform Real Property Electronic Recording Act,
103 the Electronic Recording Commission, so far as is consistent with the purposes, policies, and
104 provisions of this chapter, in adopting, amending, and repealing standards shall consider:
105 (a) standards and practices of other jurisdictions;
106 (b) the most recent standards promulgated by national standard-setting bodies, such as
107 the Property Records Industry Association;
108 (c) the views of interested persons and governmental officials and entities;
109 (d) the needs of counties of varying size, population, and resources; and
110 (e) standards requiring adequate information security protection to ensure that
111 electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
112 (3) The commission may report to the Legislature's Business and Labor Interim
113 Committee with any suggestions for legislation by November 30, 2007.
114 Section 6. Section 57-3a-401 is enacted to read:
115 Part 4. Application of the Uniform Real Property Electronic Recording Act
116 57-3a-401. Uniformity of application and construction.
117 In applying and construing this chapter, consideration must be given to the need to
118 promote uniformity of the law with respect to its subject matter among states that enact the
119 Uniform Real Property Electronic Recording Act.
120 Section 7. Section 57-3a-402 is enacted to read:

121 57-3a-402. Relation to Electronic Signatures in Global and National Commerce
122 Act.
123 This chapter modifies, limits, and supersedes the federal Electronic Signatures in
124 Global and National Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify,
125 limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize
126 electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C.
127 Section 7003(b)).
128 Section 8. Effective date.
129 This bill takes effect on May 5, 2008, except for Section 57-3a-301, which takes effect
130 on May 1, 2007.




Legislative Review Note
as of 11-27-06 1:05 PM

Office of Legislative Research and General Counsel