West Virginia Gov. Jim Justice signed into law the Uniform Real Property Electronic Recording Act. The new law, introduced as HB 2086, was sponsored by Delegate Erikka Storch, R-Wheeling.
Under the new law, “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 the requirements of this article.”
Electronic signatures will satisfy requirements that a document be signed as a condition for recording.
“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,” the new law states. “A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature on a document that complies with the electronic notarization procedure under §39-4-19 of this code and §153 CSR 45.”
County recorders who implement the functions of the bill must do so in compliance with standards established by the Real Property Electronic Recording Standards Advisory Committee pursuant to §39A-4-5 of this code. They may receive, index, store, archive and transmit electronic documents. They may provide for access to, and search and retrieval of, documents and information by electronic means. Those who accept electronic documents for recording must continue to accept paper documents as authorized by state law and place entries for both types of documents in the same index.
County recorders may convert paper documents accepted for recording into electronic form. They may convert information recorded before the clerk began to record electronic documents into electronic form. They may accept electronically any fee or tax relating to electronic recording of real property documents that the clerk is authorized to collect. County recorders 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.
“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, developed pursuant to this article, to assist in the adoption, amendment, and repeal of standards and practices,” the bill states.
The secretary of state must appoint at least 18 people to serve on the committee. The secretary of state must appoint:
- At least one person who is an attorney who specializes in title work;
- At least one person who is a specialist in geographic information system (GIS) mapping;
- A representative of the Division of Highways;
- A representative of the County Clerk’s Association;
- A representative of the County Commissioner’s Association;
- A representative of the state auditor;
- A representative of the Governor’s Office of Technology;
- A representative of the Division of Culture and History;
- A representative of the Community Bankers of West Virginia;
- A representative of the West Virginia Bankers’ Association;
- A representative of the West Virginia Housing Development Fund;
- A representative of the Real Estate Division of the Department of Administration;
- A representative of the Property Tax Division of the Department of Tax and Revenue;
- A representative of the West Virginia Board of Professional Surveyors;
- A representative of the West Virginia Real Estate Commission;
- At least one representative representing the mineral extraction industry;
- A representative of the West Virginia University College of Law with experience in real property law; and
- A representative of the Real Estate Lawyers Division of the West Virginia State Bar Association.
In establishing, amending and repealing standards and practices for electronic recording, storing electronic records and setting up systems to search and retrieve electronic land records, the committee must consider:
- Standards and practices of other jurisdictions;
- The most recent standards promulgated by national standard-setting bodies such as the Property Records Industry Association;
- The views of interested persons and governmental officials and entities;
- The needs of counties of varying size, population and resources; and
- Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
The secretary of state, or his or her designee, will serve as chair of the Real Property Electronic Recording Standards Advisory Committee. The secretary of state must provide administrative support to the committee and propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code that contain the standards to implement the law.
The secretary of state must submit a report to the Joint Committee on Government and Finance on or before Jan. 1 of each year until its tasks are complete. The report must include its efforts to adopt standards in accordance with the requirements of the statute and recommendations for further legislative action necessary to effectuate the purposes of the statute.