The Committee on the Judiciary moves to amend the bill on page
two, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
ARTICLE 4. UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT.
§39A-4-1. Short title.
This act may be cited as the Uniform Real Property Electronic
Recording Act.
§39A-4-2. Definitions.
In this article:
(a) "Document" means information that is:
(1) Inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form;
and
(2) Eligible to be recorded in the land records maintained by
the clerk of the county commission, herein after "county clerk" or
"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
the 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, instrumentality or any other legal or
commercial entity.
(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.
§39A-4-3. 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 requirements of this article.
(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.
§39A-4-4. 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 Office
of Technology;
(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 information recorded before the clerk began to
record electronic documents into electronic form;
(7) May accept electronically any fee or tax that the clerk is
authorized to collect; and
(8) May agree with other officials of a 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.
§39A-4-5. Administration and standards.
(a) The Office of Technology, created in section three, article
six, chapter five-a of this code, shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code containing the standards
to implement this article. The Office of Technology shall establish
a working group to develop the standards required by this article.
The working group shall, at a minimum, include the Secretary of
State, or a designee, representatives of the County Clerks'
Association, the County Commissioners' Association, members of the
West Virginia Bar Association who specialize in title work, mortgage
lenders, the Division of Banking or both mortgage lenders and the
Division of Banking and any other person or group that may offer
pertinent information or assistance in establishing the standards.
(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 clerks in this state compatible with technology used by
recording offices in other jurisdictions that enact substantially
this act, the Office of Technology so far as is consistent with the
purposes, policies, and provisions of this article, 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.
§39A-4-6. Uniformity of application and construction.
In applying and construing this Uniform Real Property
Electronic Recording Act, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter
among states that enact it.
§39A-4-7. Relation to electronic signatures in global and national
commerce act.
This article modifies, limits, and supersedes the federal
Electronic Signatures in Global and National Commerce Act (15 U.S.C.
§7001, et seq.) but does not modify, limit or supersede §101(c) of
that act (15 U.S.C. §7001(c)) or authorize electronic delivery of
any of the notices described in §103(b) of that act (15 U.S.C.
§7003(b)).