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| PRIOR PRINTER'S NO. 1046 | PRINTER'S NO. 2051 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY LONGIETTI, CALTAGIRONE, D. COSTA, DEASY, FLECK, GIBBONS, GINGRICH, HALUSKA, HENNESSEY, KOTIK, MARSHALL, MIRABITO, MURT, M. O'BRIEN, REICHLEY, K. SMITH, WHITE AND DALEY, MARCH 8, 2011 |
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| AS REPORTED FROM COMMITTEE ON COMMERCE, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 8, 2011 |
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| AN ACT |
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1 | Providing for the validity of electronic documents; authorizing |
2 | county recorders of deeds to receive electronic documents as |
3 | a means for recording real property; granting powers and |
4 | duties to the county recorders of deeds; establishing the |
5 | Electronic Recording Commission; and prescribing standards of |
6 | uniformity. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Short title. |
10 | This act shall be known and may be cited as the Uniform Real |
11 | Property Electronic Recording Act. |
12 | Section 2. Definitions. |
13 | The following words and phrases when used in this act shall |
14 | have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | "Commission." The Electronic Recording Commission |
17 | established in section 5. |
18 | "Department." The Department of Community and Economic | <-- |
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1 | Development State of the Commonwealth. | <-- |
2 | "Document." Information that is: |
3 | (1) inscribed on a tangible medium or that is stored in |
4 | an electronic or other medium and is retrievable in |
5 | perceivable form; and |
6 | (2) eligible to be recorded in the land records |
7 | maintained by the recorder. |
8 | "Electronic." As defined under section 103 of the act of |
9 | December 16, 1999 (P.L.971, No.69), known as the Electronic |
10 | Transactions Act. |
11 | "Electronic document." A document that is received by the |
12 | recorder in an electronic form. |
13 | "Electronic signature." As defined under section 103 of the |
14 | act of December 16, 1999 (P.L.971, No.69), known as the |
15 | Electronic Transactions Act. |
16 | "Nonelectronic document." A document that is received by the |
17 | recorder in a form that is not electronic, including a document |
18 | on paper or microfilm. |
19 | "Person." Includes any of the following: |
20 | (1) A corporation. |
21 | (2) A partnership. |
22 | (3) A limited liability company. |
23 | (4) A business trust. |
24 | (5) An association. |
25 | (6) A government entity, including the Commonwealth. |
26 | (7) An estate. |
27 | (8) A trust. |
28 | (9) A foundation. |
29 | (10) An individual. |
30 | "Recorder." A county recorder of deeds, or a county official |
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1 | responsible for the recordation of documents in counties without |
2 | recorders of deeds. |
3 | "State." A state of the United States, the District of |
4 | Columbia, Puerto Rico, the Virgin Islands or any territory or |
5 | insular possession subject to the jurisdiction of the United |
6 | States. |
7 | Section 3. Validity of electronic documents. |
8 | (a) Requirement for original.--If a law requires, as a |
9 | condition for recording, that a document be an original, either |
10 | on paper or another tangible medium, or be in writing, the |
11 | requirement is satisfied by an electronic document that complies |
12 | with the provisions of this act. |
13 | (b) Signature.--If a law requires, as a condition for |
14 | recording, that a document be signed, the requirement is |
15 | satisfied by an electronic signature. |
16 | (c) Notarization.--The following shall apply: |
17 | (1) A requirement that a document or a signature |
18 | associated with a document be notarized, acknowledged, |
19 | verified, witnessed or made under oath is satisfied if: |
20 | (i) The electronic signature of the person |
21 | authorized to perform that act, and all other information |
22 | required to be included, is attached to or logically |
23 | associated with the document or signature. |
24 | (ii) The act comports with the requirements of |
25 | Chapters 1, 3 and 5 of the act of December 16, 1999 |
26 | (P.L.971, No.69), known as the Electronic Transactions |
27 | Act. |
28 | (iii) With respect to notarizations, the act |
29 | comports with the requirements and procedures of the act |
30 | of August 21, 1953 (P.L.1323, No.373), known as The |
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1 | Notary Public Law, pertaining to electronic notarization, |
2 | acknowledgment and verification. |
3 | (2) A physical or electronic image of a stamp, |
4 | impression or seal need not accompany an electronic |
5 | signature. |
6 | (d) Record retention.--This act does not preclude the |
7 | Pennsylvania Historical and Museum Commission from specifying |
8 | additional requirements for retention of a record subject to the |
9 | commission's jurisdiction, including the requirement that the |
10 | recorder retain a record in a nonelectronic form. |
11 | Section 4. Recording of documents. |
12 | (a) Recorder powers and duties.-- |
13 | (1) A recorder who implements any of the functions |
14 | listed in this section shall do so in compliance with |
15 | standards established by the commission. |
16 | (2) A recorder may receive, index, store, archive and |
17 | transmit electronic documents. A recorder who accepts |
18 | electronic documents for recording shall index the documents |
19 | in compliance with standards established by the commission. |
20 | (3) A recorder may provide for access to, and for search |
21 | and retrieval of, documents and information by electronic |
22 | means. A recorder who accepts electronic documents for |
23 | recording shall continue to accept nonelectronic documents as |
24 | authorized by State law and shall place entries for both |
25 | types of documents in the same index. |
26 | (4) A recorder may convert nonelectronic paper documents |
27 | accepted for recording into electronic form. |
28 | (5) A recorder may convert into electronic form |
29 | information recorded before the recorder began to record |
30 | electronic documents. |
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1 | (6) A recorder may accept electronically any fee or tax |
2 | that the recorder is authorized to collect by any reasonable |
3 | method of payment, including electronic payment. |
4 | (7) A recorder may agree with other officials of a state |
5 | or a political subdivision of a state, or of the United |
6 | States, concerning procedures or processes to facilitate the |
7 | electronic satisfaction of prior approvals and conditions |
8 | precedent to recording and the electronic payment of fees and |
9 | taxes. |
10 | (b) No requirement.--This act does not require a recorder to |
11 | accept and record electronic documents. |
12 | Section 5. Commission. |
13 | (a) Establishment; administration of act. |
14 | (1) The Electronic Recording Commission is established |
15 | as an administrative board within the department. The |
16 | department shall supply adequate administrative support to |
17 | the commission in accordance with section 214 of the act of |
18 | April 9, 1929 (P.L.177, No.175), known as The Administrative |
19 | Code of 1929, including personnel, office space and any other |
20 | assistance required by the commission to carry out its duties |
21 | under this act. Policy determinations regarding the |
22 | implementation of this act shall be made by the commission |
23 | and shall not be subject to review or approval by the |
24 | department. |
25 | (2) The commission shall administer this act. |
26 | (b) Membership.--The commission shall consist of the |
27 | following members: |
28 | (1) Eight members shall be appointed as follows: |
29 | (i) The President pro tempore of the Senate shall |
30 | appoint two members. One member under this subparagraph |
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1 | must be a sitting recorder serving in a county of the |
2 | first class through fourth class, and one member under |
3 | this subparagraph must be a sitting recorder serving in a |
4 | county of the fifth class through eighth class. |
5 | (ii) The Minority Leader of the Senate shall appoint |
6 | two members. One member under this subparagraph must be a |
7 | sitting recorder serving in a county of the first class |
8 | through fourth class, and one member under this |
9 | subparagraph must be a sitting recorder serving in a |
10 | county of the fifth class through eighth class. |
11 | (iii) The Speaker of the House of Representatives |
12 | shall appoint two members. One member under this |
13 | subparagraph must be a sitting recorder serving in a |
14 | county of the first class through fourth class, and one |
15 | member under this subparagraph must be a sitting recorder |
16 | serving in a county of the fifth class through eighth |
17 | class. |
18 | (iv) The Minority Leader of the House of |
19 | Representatives shall appoint two members. One member |
20 | under this subparagraph must be a sitting recorder |
21 | serving in a county of the first class through fourth |
22 | class, and one member under this subparagraph must be a |
23 | sitting recorder serving in a county of the fifth class |
24 | through eighth class. |
25 | (2) The Governor shall appoint five members, one from |
26 | and representing each of the following entities from a |
27 | nomination list containing a minimum of four nominees |
28 | provided to the Governor by each entity, as follows: |
29 | (i) The Pennsylvania Historical and Museum |
30 | Commission. |
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1 | (ii) The Department of State department. | <-- |
2 | (iii) The Pennsylvania Association of Notaries. |
3 | (iv) The Pennsylvania Land Title Association. |
4 | (v) The Pennsylvania Bankers Association. |
5 | (c) Terms.-- |
6 | (1) Except as set forth in paragraph (2), each member |
7 | shall serve a three-year term. |
8 | (2) For initial terms under subsection (b)(1), each |
9 | appointing authority shall make one appointment for a one- |
10 | year term and one appointment for a two-year term. |
11 | (d) Vacancies.--A vacancy in membership shall be filled in |
12 | the same manner as the original appointment. |
13 | (e) Chair.-- |
14 | (1) A member of the commission who is a recorder shall |
15 | annually be elected by the members of the commission to serve |
16 | as chair of the commission. |
17 | (2) A member of the commission may be elected chair of |
18 | the commission more than once. |
19 | (3) Should the chair of the commission leave the |
20 | commission or resign as chair, a member of the commission who |
21 | is a recorder shall be elected by the members of the |
22 | commission to complete the chair's annual term. |
23 | (f) Compensation.--Members of the commission shall not |
24 | receive compensation, but shall be reimbursed for reasonable |
25 | expenses incurred in performing official duties. |
26 | (g) Department.--The department shall provide office space, |
27 | resources and personnel to assist the commission in carrying out |
28 | its responsibilities. |
29 | Section 6. Administration and standards. |
30 | (a) Standards for implementation.--The commission shall |
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1 | adopt standards to implement this act in the form of |
2 | administrative regulations. This act shall not impair the |
3 | validity of electronic documents and electronic signatures |
4 | utilized prior to the effective date of the standards adopted |
5 | under this subsection, except that such electronic documents or |
6 | electronic signatures shall comport with: |
7 | (1) Chapters 1, 3 and 5 of the act of December 16, 1999 |
8 | (P.L.971, No.69), known as the Electronic Transactions Act. |
9 | (2) With respect to notarizations, the requirements and |
10 | procedures of the act of August 21, 1953 (P.L.1323, No.373), |
11 | known as The Notary Public Law, pertaining to electronic |
12 | notarization, acknowledgment and verification. |
13 | (b) Manner of formulating standards.--To keep the standards |
14 | and practices of recording offices in this Commonwealth in |
15 | harmony with the standards and practices of recording offices in |
16 | other jurisdictions that enact substantially this act and to |
17 | keep the technology used by recorders in this Commonwealth |
18 | compatible with technology used by recording offices in other |
19 | jurisdictions that enact substantially this act, the commission, |
20 | so far as is consistent with the purposes, policies and |
21 | provisions of this act, in adopting, amending and repealing |
22 | standards, shall do all of the following: |
23 | (1) Consult with electronic recording commissions in |
24 | other states. |
25 | (2) Consider the most recent standards promulgated by |
26 | the Property Records Industry Association or any successor |
27 | organization. |
28 | (3) Consider the standards and practices of and the |
29 | technology used by the other states. |
30 | (4) Consider the views of interested persons for the |
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1 | purposes of obtaining guidance and assuring uniformity. |
2 | (5) Consider the needs of counties of varying size, |
3 | population and resources. |
4 | (6) Provide for adequate information security protection |
5 | to ensure that electronic documents are accurate, authentic, |
6 | adequately preserved and resistant to tampering. |
7 | (c) Procedure.-- |
8 | (1) Initial standards under this section shall be |
9 | promulgated as temporary regulations, in accordance with the |
10 | following: |
11 | (i) The rulemaking shall be exempt from all of the |
12 | following: |
13 | (A) Sections 201, 202, 203, 204 and 205 of the |
14 | act of July 31, 1968 (P.L.769, No.240), referred to |
15 | as the Commonwealth Documents Law. |
16 | (B) Sections 204(b) and 301(10) of the act of |
17 | October 15, 1980 (P.L.950, No.164), known as the |
18 | Commonwealth Attorneys Act. |
19 | (C) The act of June 25, 1982 (P.L.633, No.181), |
20 | known as the Regulatory Review Act. |
21 | (ii) The temporary regulations shall not be |
22 | effective for more than two years. |
23 | (2) The commission shall promulgate permanent |
24 | regulations in accordance with law. |
25 | (d) Conflict.-- |
26 | (1) The powers and duties of the following may not be |
27 | exercised in a manner which is inconsistent with the powers |
28 | and duties exercised by the commission under this section: |
29 | (i) The county and Local Government Records |
30 | Committees under the act of May 9, 1949 (P.L.908, |
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1 | No.250), entitled, as amended, "An act relating to public |
2 | records of political subdivisions other than cities and |
3 | counties of the first class; authorizing the recording |
4 | and copying of documents, plats, papers and instruments |
5 | of writing by digital, photostatic, photographic, |
6 | microfilm or other process, and the admissibility thereof |
7 | and enlargements thereof in evidence; providing for the |
8 | storage of duplicates and sale of microfilm and digital |
9 | copies of official records and for the destruction of |
10 | other records deemed valueless; and providing for the |
11 | services of the Pennsylvania Historical and Museum |
12 | Commission to political subdivisions." |
13 | (ii) An officer of a county of the first class or of |
14 | a city of the first class under the act of May 11, 1949 |
15 | (P.L.1076, No.311), entitled, as amended, "An act |
16 | authorizing the recording, copying and recopying, of |
17 | documents, plats, papers, written instruments, records |
18 | and books on file or of record, and the replacement and |
19 | certification of originals previously filed and of |
20 | record, by officers of counties of the first class and of |
21 | cities of the first class, by photostatic, photographic, |
22 | microphotographic, microfilm, or other mechanical |
23 | process; relating to the effect and use of such copies, |
24 | records, reproductions, replacements and transcripts, or |
25 | certified copies thereof; providing for a recording fee |
26 | and its use; and providing for revision of and entries to |
27 | be made on originals and copies so produced or replaced." |
28 | (2) Standards under this section shall supersede |
29 | standards, policies and procedures of the persons listed in |
30 | paragraph (1) to the extent of any inconsistency. |
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1 | Section 7. Construction of act. |
2 | As far as practicable, the commission shall administer this |
3 | act so as to promote uniformity of the law with respect to its |
4 | subject matter among states that enact it. |
5 | Section 8. Relation to Electronic Signatures in Global and |
6 | National Commerce Act. |
7 | Under the authority granted by section 102 of the Electronic |
8 | Signatures in Global and National Commerce Act (Public Law |
9 | 106-229, 15 U.S.C. § 7002), this act modifies, limits and |
10 | supersedes the Electronic Signatures in Global and National |
11 | Commerce Act but does not modify, limit or supersede section |
12 | 101(c) of the Electronic Signatures in Global and National |
13 | Commerce Act (15 U.S.C. § 7001(c)) or authorize electronic |
14 | delivery of any of the notices described in section 103(b) of |
15 | the Electronic Signatures in Global and National Commerce Act |
16 | (15 U.S.C. § 7003(b)). |
17 | Section 9. Savings provision. |
18 | Nothing in this act shall be construed to repeal any of the |
19 | following acts or parts of acts: |
20 | (1) Section 5 of the act of March 18, 1875 (P.L.32, |
21 | No.36), entitled "An act requiring recorders of deeds to |
22 | prepare and keep in their respective offices general, direct |
23 | and ad sectum indexes of deeds and mortgages recorded |
24 | therein, prescribing the duty of said recorders and declaring |
25 | that the entries in said general indexes shall be notice to |
26 | all persons." |
27 | (2) Section 10 of the act of April 1, 1909 (P.L.91, |
28 | No.53), entitled "An act relating to deeds for conveying or |
29 | releasing lands, construing words and phrases used therein, |
30 | and prescribing a form of deed and acknowledgment which may |
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1 | be used for conveying or releasing lands." |
2 | (3) Section 3 of the act of April 24, 1931 (P.L.48, |
3 | No.40), entitled "An act requiring the recording of certain |
4 | written agreements pertaining to real property, and |
5 | prescribing the effect thereof as to subsequent purchasers, |
6 | mortgagees, and judgment creditors of the parties thereto." |
7 | (4) The act of January 15, 1988 (P.L.1, No.1), known as |
8 | the Uniform Parcel Identifier Law. |
9 | Section 10. Repeal. |
10 | (a) Specific.--The following acts and parts of acts are |
11 | repealed insofar as they prohibit electronic filing of |
12 | satisfaction pieces allowed by this act: |
13 | (1) Sections 3 and 7 of the act of March 15, 1956 (1955 |
14 | P.L.1280, No.392), entitled "An act relating to the |
15 | satisfaction of mortgages in cities and counties of the first |
16 | class by the recording of a satisfaction piece, prescribing |
17 | forms therefor, and fixing the fees thereof." |
18 | (2) Section 4 of the act of July 26, 1961 (P.L.887, |
19 | No.382), entitled, as amended, "An act relating to the |
20 | satisfaction of mortgages in counties of the second, second |
21 | A, third, fourth, fifth, sixth, seventh and eighth class by |
22 | the recording of a satisfaction piece, prescribing forms |
23 | therefor, and fixing fees for the recording thereof." |
24 | (3) The act of December 9, 2002 (P.L.1530, No.197), |
25 | known as the Mortgage Satisfaction Act. |
26 | (b) General.--All acts and parts of acts are repealed |
27 | insofar as they are inconsistent with this act. |
28 | Section 11. Effective date. |
29 | This act shall take effect immediately. |
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