House Bill No. 5535
Public Act No. 08-56
AN ACT ADOPTING THE UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2009) Sections 1 to 7, inclusive, of this act may be cited as the "Uniform Real Property Electronic Recording Act".
Sec. 2. (NEW) (Effective October 1, 2009) As used in sections 1 to 7, inclusive, of this act:
(1) "Document" means information that is: (A) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (B) eligible to be recorded in the land records maintained by the town clerk.
(2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical or electromagnetic capabilities or similar capabilities.
(3) "Electronic document" means a document that is received by the town clerk in an electronic form.
(4) "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.
(5) "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.
(6) "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.
Sec. 3. (NEW) (Effective October 1, 2009) (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 sections 1 to 7, inclusive, of this 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.
Sec. 4. (NEW) (Effective October 1, 2009) (a) As used in this section, "paper document" means a document that is received by the town clerk in a form that is not electronic.
(b) A town clerk:
(1) Who implements any of the functions listed in this section shall do so in compliance with regulations adopted by the State Librarian pursuant to section 5 of this 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 town clerk began to record electronic documents.
(7) May accept electronically any fee or tax that the town clerk is authorized to collect.
(8) May agree with other officials of this state or a political subdivision thereof, 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 and taxes.
Sec. 5. (NEW) (Effective October 1, 2009) (a) The State Librarian, in consultation with the Public Records Administrator and the Real Property Electronic Recording Advisory Committee established in subsection (b) of this section, shall adopt regulations, in accordance with chapter 54 of the general statutes, to implement sections 1 to 7, inclusive, of this act.
(b) (1) The State Librarian shall establish a Real Property Electronic Recording Advisory Committee. The members of the committee shall be appointed by, and serve at the pleasure of, the State Librarian. The members of the committee shall serve without compensation, but shall be reimbursed, within available appropriations, for expenses necessarily incurred in the performance of their duties. The committee shall advise the State Librarian with respect to adopting, amending and repealing regulations under this section.
(2) The committee shall consist of the following:
(A) Three town clerks, one of whom shall be the town clerk of a municipality having a population of less than twenty thousand, one of whom shall be the town clerk of a municipality having a population of at least twenty thousand but less than sixty thousand, and one of whom shall be the town clerk of a municipality having a population of at least sixty thousand;
(B) Three attorneys experienced in real estate law;
(C) The Secretary of the State, or a designee;
(D) The Public Records Administrator, or a designee;
(E) An individual experienced in mortgage banking;
(F) An individual experienced in the business of title insurance;
(G) A notary public;
(H) An individual with experience performing title searches of real property; and
(I) A licensed real estate broker.
(c) To keep the standards and practices of town clerks in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact legislation substantially the same as sections 1 to 7, inclusive, of this act and to keep the technology used by town clerks in this state compatible with technology used by recording offices in other jurisdictions that enact legislation substantially the same as sections 1 to 7, inclusive, of this act, the State Librarian, so far as is consistent with the purposes, policies and provisions of sections 1 to 7, inclusive, of this act, in adopting, amending and repealing regulations 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 municipalities 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.
Sec. 6. (NEW) (Effective October 1, 2009) In applying and construing the uniform provisions of sections 1 to 7, inclusive, of this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact such uniform provisions.
Sec. 7. (NEW) (Effective October 1, 2009) Sections 1 to 7, inclusive, of this act modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq. , but does not modify, limit or supersede Section 101(c) of said act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC 7003(b).
Sec. 8. Subsection (b) of section 1-268 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):
(b) Sections 1-266 to 1-286, inclusive, do not apply to a transaction to the extent it is governed by:
(1) A law governing the creation and execution of wills, codicils or testamentary trusts; or
(2) Except to the extent provided in section 1-281, the Uniform Commercial Code, other than section 42a-1-306 and articles 2 and 2A of title 42a. [; or]
[(3) Sections 47-10, 47-12, 47-12a, 47-14g, 47-14j, 47-14k, 47-15, 47-16, 47-17, 47-18a and 47-19. ]
Approved May 12, 2008