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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.
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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.
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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.
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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.
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(b) If a law requires, as a condition for recording, that a document be signed,
18the requirement is satisfied by an electronic signature.
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(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.
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(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).
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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.
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(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.
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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.
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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.
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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).
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3(7) Short title. This section may be cited as the Uniform Real Property
4Electronic Recording Act.
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(1)
Initial terms. Notwithstanding the length of terms of the members of the
7electronic recording council specified in section 15.107 (6) (b) (intro.) of the statutes,
8as created by this act, the initial members shall be appointed for the following terms:
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(a) Three members for terms that expire on July 1, 2009.
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(b) Four members for terms that expire on July 1, 2010.