HB 2086 — Uniform Real Property Electronic Recording Act

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 COMMISSION ARTICLEJOINT 4. RULES UNIFORMSTAFF REALINFO PROPERTYBILL ELECTRONICSTATUS RECORDINGBILL ACT.STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.

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Green = existing Code.

Red = new code to be enacted WEST virginia legislature regular session SECOND ENROLLMENT Committee Substitute for House Bill 2086 By Delegate Storch [Amended and again passed February 28, 2020;

as a result of the objections of the Governor;

in effect ninety days from passage.]   AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-4-6, and §39A-4-7, all relating to creating the Uniform Real Property Electronic Recording Act;

providing short title;

defining terms;

clarifying validity of electronic documents and electronic signatures;

providing for recording of electronic documents;

requiring any county clerk implementing the provisions of the act to comply with established standards;

authorizing county clerks to receive, index, store, archive and transmit electronic documents;

authorizing county clerks to allow public access, search and retrieval of electronic documents;

allowing county clerks to convert paper documents accepted for recording into electronic documents;

authorizing county clerks to collect electronically any tax or fee relating to electronic recording of real property documents they are authorized by law to collect;

authorizing county clerks to agree with other jurisdictions on procedures or processes necessary for electronic recording of documents;

creating the Real Property Electronic Recording Standards Advisory Committee to develop the standards necessary to electronically record real property documents;

authorizing a legislative rule;

providing for a report and recommendations to the Legislature;

providing that members of the Real Property Electronic Recording Standards Advisory Committee pay their own expenses;

setting forth areas for consideration when adopting or changing standards;

providing for uniformity of application and construction of the act;

and providing that the article modifies, limits and supersedes certain parts of the federal Electronic Signatures in Global and National Commerce Act.

Be it enacted by the Legislature of West Virginia:

  ARTICLE 4.  UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT.

InFor purposes of this article:article, the following terms shall have the meanings stated below:

“Commissioner”(1) “Document” means theinformation Commissionerthat ofis: the Division of Highways.

“Document” means information that is:

(2) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(3) “Electronic document” means a document that is received by the county clerk in an electronic form.

(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.

(5) “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.

(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.

(a) For the purpose of keeping 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 Secretary of State shall establish the Real Property Electronic Recording Standards Advisory Committee, to,developed sopursuant farto as is consistent with the purposes, policies, and provisions of this article, to assist in the adoption, amendment, and repeal of standards and practices.

(b) The commissionerSecretary of State shall appoint at least 18 persons to serve on the committee.

In selecting persons to serve on the committee, the commissionerSecretary of State shall appoint:

(3) A representative Commissioner of the Division of Highways;

(4) A representative of the County Clerks'Clerks’ Association;

(5) A representative of the County Commissioners'Commissioners’ Association;