LRB-3695/1
PJK:lmk:jf
2005 - 2006 LEGISLATURE
February 20, 2006 - Introduced by Senators Risser, Roessler, Grothman, Lassa
and Miller, cosponsored by Representatives Krawczyk, Sherman, Bies, Nass,
Musser, Vos, F. Lasee, Parisi, Molepske, Berceau, Gronemus, Ott, Albers,
Strachota, Seidel and
Ballweg, by request of Wisconsin Register of Deeds
Association. Referred to Committee on Judiciary, Corrections and Privacy.
SB616,1,4
1An Act to amend 15.01 (4) and 706.01 (4); and
to create 15.107 (6) and 706.25
2of the statutes;
relating to: the Uniform Real Property Electronic Recording
3Act, creating an electronic recording council, and granting rule-making
4authority.
Analysis by the Legislative Reference Bureau
This bill is the Uniform Real Property Electronic Recording Act (URPERA).
URPERA provides that: a) if a statute requires a document to be an original, on
paper or another tangible medium, or in writing as a condition for recording in the
office of the register of deeds, an electronic document satisfies those requirements;
b) if a statute requires a document to be signed as a condition for recording, an
electronic signature satisfies that requirement; and c) if a document or signature
must be notarized, acknowledged, verified, witnessed, or made under oath, the
electronic signature of a person authorized to perform that act attached to or
associated with the document or signature satisfies that requirement.
URPERA authorizes a register of deeds to perform various functions relating
to the recording of electronic documents, including: receiving, indexing, and storing
electronic documents; providing access to documents and information by electronic
means; converting paper documents accepted for recording into electronic format;
and accepting fees electronically. URPERA also requires a register of deeds who
accepts electronic documents for recording to continue to accept paper documents.
The bill creates the Electronic Recording Council (council), attached to the
Department of Administration (DOA). The council has seven members who are
nominated for three-year terms by the governor and appointed with the advice and
consent of the senate. The members consist of four current or former registers of
deeds, one member who represents an association of title insurance companies, one
member who represents an association of mortgage bankers, and one member who
represents attorneys who practice real property law. The council must develop
standards for implementing URPERA after considering various specified factors,
such as standards and practices of other jurisdictions, standards promulgated by the
Property Records Industry Association, and the views of government officials. DOA
must promulgate the standards by rule. In addition, the council must review the
statutes relating to real property and to recording real property documents and
recommend to the legislature any changes that are necessary or advisable.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
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15.01
(4) "Council" means a part-time body appointed to function on a
4continuing basis for the study, and recommendation of solutions and policy
5alternatives, of the problems arising in a specified functional area of state
6government, except the Milwaukee River revitalization council has the powers and
7duties specified in s. 23.18, the council on physical disabilities has the powers and
8duties specified in s. 46.29 (1) and (2),
and the state council on alcohol and other drug
9abuse has the powers and duties specified in s. 14.24
, and the electronic recording
10council has the powers and duties specified in s. 706.25 (4).
SB616, s. 2
11Section
2. 15.107 (6) of the statutes is created to read:
SB616,2,1412
15.107
(6) Electronic recording council. (a) There is created an electronic
13recording council which is attached to the department of administration under s.
1415.03.
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1(b) The council shall be composed of the following members appointed for
23-year terms:
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1. Four members who are registers of deeds in this state, except that one or
4more members under this subdivision may be persons who are not currently
5registers of deeds but who held that office for at least 5 years.
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2. One member who represents an association of title insurance companies.
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3. One member who represents an association of mortgage bankers.
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4. One member who represents attorneys who practice real property law.
SB616, s. 3
9Section
3. 706.01 (4) of the statutes is amended to read:
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706.01
(4) "Conveyance" means a written instrument, evidencing a transaction
11governed by this chapter, that satisfies the requirements of s. 706.02
, subject to s.
12706.25.
SB616, s. 4
13Section
4. 706.25 of the statutes is created to read:
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14706.25 Uniform real property electronic recording act. (1) Definitions. 15In this section:
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(a) "Document" means information that satisfies all of the following:
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1. The information is inscribed on a tangible medium or it is stored in an
18electronic or other medium and is retrievable in perceivable form.
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2. The information is eligible to be recorded in the land records maintained by
20the register of deeds.
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(b) "Electronic" means relating to technology having electrical, digital,
22magnetic, wireless, optical, electromagnetic, or similar capabilities.
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(c) "Electronic document" means a document that is received by the register of
24deeds in an electronic form.
SB616,4,3
1(d) "Electronic signature" means an electronic sound, symbol, or process
2attached to or logically associated with a document and executed or adopted by a
3person with the intent to sign the document.
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(e) "Paper document" means a document that is received by the register of
5deeds in a form that is not electronic.
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(f) "Person" means an individual, corporation, business trust, estate, trust,
7partnership, limited liability company, association, joint venture, public corporation,
8government, or governmental subdivision, agency, or instrumentality, or any other
9legal or commercial entity.
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(g) "State" means a state of the United States, the District of Columbia, Puerto
11Rico, the United States Virgin Islands, or any territory or insular possession subject
12to the jurisdiction of the United States.
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13(2) Validity of electronic documents. (a) If a law requires, as a condition for
14recording, that a document be an original, be on paper or another tangible medium,
15or be in writing, the requirement is satisfied by an electronic document satisfying
16this section.
SB616,4,1817
(b) If a law requires, as a condition for recording, that a document be signed,
18the requirement is satisfied by an electronic signature.
SB616,4,2419
(c) A requirement that a document or a signature associated with a document
20be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if
21the electronic signature of the person authorized to perform that act, and all other
22information required to be included, is attached to or logically associated with the
23document or signature. A physical or electronic image of a stamp, impression, or seal
24need not accompany an electronic signature.
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1(3) Recording of documents. (a) A register of deeds may do any of the
2following:
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1. Receive, index, store, archive, and transmit electronic documents.
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2. Provide for access to, and for search and retrieval of, documents and
5information by electronic means.
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3. Convert paper documents accepted for recording into electronic form.
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4. Convert into electronic form information recorded before the register of
8deeds began to record electronic documents.
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5. Accept electronically any fee that the register of deeds is authorized to
10collect.
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6. Agree with other officials of a state or a political subdivision thereof, or of the
12United States, on procedures or processes to facilitate the electronic satisfaction of
13prior approvals and conditions precedent to recording and the electronic payment of
14fees.
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(b) A register of deeds who accepts electronic documents for recording shall
16continue to accept paper documents as authorized by state law and shall place
17entries for both types of documents in the same index.
SB616,5,2018
(c) A register of deeds who performs any of the functions specified in this
19subsection shall do so in compliance with standards established by the electronic
20recording council and promulgated by rule under sub. (4).
SB616,5,24
21(4) Administration and standards. (a) The electronic recording council shall
22adopt standards to implement this section. The department of administration shall
23promulgate by rule the standards adopted, amended, or repealed by the council
24under this paragraph.
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1(b) To keep the standards and practices of registers of deeds in this state in
2harmony with the standards and practices of recording offices in other jurisdictions
3that enact substantially this section and to keep the technology used by registers of
4deeds in this state compatible with technology used by recording offices in other
5jurisdictions that enact substantially this section, the electronic recording council,
6so far as is consistent with the purposes, policies, and provisions of this section, in
7adopting, amending, and repealing standards shall consider all of the following:
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1. Standards and practices of other jurisdictions.
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2. The most recent standards promulgated by national standard-setting
10bodies, such as the Property Records Industry Association.
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3. The views of interested persons and governmental officials and entities.
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4. The needs of counties of varying sizes, populations, and resources.
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5. The need for security protection to ensure that electronic documents are
14accurate, authentic, adequately preserved, and resistant to tampering.
SB616,6,1815
(c) The electronic recording council shall review the statutes related to real
16property and the statutes related to recording real property documents and shall
17recommend to the legislature any changes in the statutes that the council finds
18necessary or advisable.
SB616,6,21
19(5) Uniformity of application and construction. In applying and construing
20this section, consideration must be given to the need to promote uniformity of the law
21with respect to its subject matter among states that enact it.
SB616,6,25
22(6) Relation to electronic signatures in global and national commerce act.
23(a) Except as provided in par. (b), this section modifies, limits, and supersedes the
24federal Electronic Signatures in Global and National Commerce Act,
15 USC 7001,
25et seq.
SB616,7,2
1(b) This section does not modify, limit, or supersede
15 USC 7001 (c) or
2authorize electronic delivery of any of the notices described in
15 USC 7003 (b).