HF 1571

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to uniform acts; providing for the Uniform Real Property Electronic
Recording Act; amending Minnesota Statutes 2006, section 325L.03; proposing coding for new law as Minnesota Statutes, chapter 508B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 325L.03, is amended to read:

325L.03 SCOPE.

(a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to
electronic records and electronic signatures relating to a transaction.

(b) This chapter does not apply to a transaction to the extent it is governed by:

(1) the Uniform Commercial Code other than section 336.1-306, article 2, and
article 2A; and

(2) section 145C.03, subdivision 1, relating to requirements for creation of a health
care directive; deleted text begin section 507.24, relating to requirements for recording any conveyance, deleted text end
power of attorney, or other instrument affecting real estate; section 523.23, subdivision
3, relating to requirements for creation of a statutory short form power of attorney; and
section 253B.03, subdivision 6b, relating to requirements for creation of a declaration of
preferences or instructions regarding intrusive mental health treatment.

(c) This chapter applies to an electronic record or electronic signature otherwise
excluded from the application of this chapter under paragraph (b) to the extent it is
governed by a law other than those specified in paragraph (b).

(d) A transaction subject to this chapter is also subject to other applicable substantive
law.

(e) This chapter does not apply to the creation and execution of wills, codicils, or
trusts other than trusts relating to the conduct of business, commercial, or governmental
purposes.

Sec. 2.

new text begin [508B.01] SHORT TITLE.
new text end

new text begin Sections 508B.01 to 508B.07 may be cited as the Uniform Real Property Electronic
Recording Act.
new text end

Sec. 3.

new text begin [508B.02] DEFINITIONS.
new text end

new text begin In this chapter:
new text end

new text begin (1) "Document" means information that is:
new text end

new text begin (A) inscribed on a tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form; and
new text end

new text begin (B) eligible to be recorded in the land records maintained by the recorder.
new text end

new text begin (2) "Electronic" means relating to technology having electrical, digital, magnetic,
wireless, optical, electromagnetic, or similar capabilities.
new text end

new text begin (3) "Electronic document" means a document that is received by the recorder in
an electronic form.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

Sec. 4.

new text begin [508B.03] VALIDITY OF ELECTRONIC DOCUMENTS.
new text end

new text begin (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 this chapter.
new text end

new text begin (b) If a law requires, as a condition for recording, that a document be signed, the
requirement is satisfied by an electronic signature.
new text end

new text begin (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.
new text end

Sec. 5.

new text begin [508B.04] RECORDING OF DOCUMENTS.
new text end

new text begin (a) In this section, "paper document" means a document that is received by the
recorder in a form that is not electronic.
new text end

new text begin (b) A recorder:
new text end

new text begin (1) who implements any of the functions listed in this section shall do so in
compliance with standards established by the commissioner of commerce.
new text end

new text begin (2) may receive, index, store, archive, and transmit electronic documents.
new text end

new text begin (3) may provide for access to, and for search and retrieval of, documents and
information by electronic means.
new text end

new text begin (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.
new text end

new text begin (5) may convert paper documents accepted for recording into electronic form.
new text end

new text begin (6) may convert into electronic form information recorded before the recorder began
to record electronic documents.
new text end

new text begin (7) may accept electronically any fee or tax that the recorder is authorized to collect.
new text end

new text begin (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.
new text end

Sec. 6.

new text begin [508B.05] ADMINISTRATION AND STANDARDS.
new text end

new text begin (a) The commissioner of commerce shall adopt standards to implement this chapter.
new text end

new text begin (b) To keep the standards and practices of recorders in this state in harmony with the
standards and practices of recording offices in other jurisdictions that enact substantially
this chapter and to keep the technology used by recorders in this state compatible with
technology used by recording offices in other jurisdictions that enact substantially this
chapter, the commissioner of commerce, so far as is consistent with the purposes, policies,
and provisions of this chapter, in adopting, amending, and repealing standards shall
consider:
new text end

new text begin (1) standards and practices of other jurisdictions;
new text end

new text begin (2) the most recent standards promulgated by national standard-setting bodies, such
as the Property Records Industry Association;
new text end

new text begin (3) the views of interested persons and governmental officials and entities;
new text end

new text begin (4) the needs of counties of varying size, population, and resources; and
new text end

new text begin (5) standards requiring adequate information security protection to ensure that
electronic documents are accurate, authentic, adequately preserved, and resistant to
tampering.
new text end

Sec. 7.

new text begin [508B.06] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
new text end

new text begin In applying and construing this uniform 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.
new text end

Sec. 8.

new text begin [508B.07] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
AND NATIONAL COMMERCE ACT.
new text end

new text begin This chapter modifies, limits, and supersedes the federal Electronic Signatures in
Global and National Commerce Act, United States Code, title 15, section 7001, et seq.,
but does not modify, limit, or supersede section 101(c) of that act, United States Code,
title 15, section 7001(c), or authorize electronic delivery of any of the notices described in
section 103(b) of that act, United States Code, title 15, section 7003(b).
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end