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AN ACT

RELATING TO RECORDING REAL PROPERTY DOCUMENTS; ENACTING THE

UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT; PROVIDING FOR

THE OPTIONAL RECORDING OF ELECTRONIC REAL PROPERTY DOCUMENTS

BY COUNTY CLERKS AND THE VALIDITY OF REAL PROPERTY DOCUMENTS

WITH ELECTRONIC SIGNATURES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the

"Uniform Real Property Electronic Recording Act".

Section 2. DEFINITIONS.--As used in the Uniform Real

Property Electronic Recording Act:

A. "document" means information that is:

(1) inscribed on a tangible medium or that

is stored in an electronic or other medium and that is

retrievable in perceivable form; and

(2) eligible to be recorded in the land

records maintained by a county clerk;

B. "electronic" means relating to technology

having electrical, digital, magnetic, wireless, optical,

electromagnetic or similar capabilities;

C. "electronic document" means a document that is

received by a county clerk in an electronic form;

D. "electronic signature" means an electronic

sound, symbol or process attached to or logically associated

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with a document and executed or adopted by a person with the

intent to sign the document;

E. "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; and

F. "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.

Section 3. VALIDITY OF ELECTRONIC DOCUMENTS.--

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 the Uniform

Real Property Electronic Recording Act.

B. If a law requires, as a condition for

recording, that a document be signed, the requirement is

satisfied by an electronic signature.

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

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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.

Section 4. RECORDING OF DOCUMENTS.--

A. In this section, "paper document" means a

document that is received by the county clerk in a form that

is not electronic.

B. A county clerk:

(1) who implements any of the functions

listed in this section shall do so in compliance with

standards established by the information technology

commission and the state commission of public records, in

consultation with the county clerks of New Mexico, pursuant

to Section 5 of the Uniform Real Property Electronic

Recording Act;

(2) may receive, index, store, archive and

transmit electronic documents;

(3) may provide for access to and for search

and retrieval of documents and information by electronic

means;

(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;

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(5) may convert paper documents accepted for

recording into electronic form;

(6) may convert into electronic form

information recorded before the county clerk began to record

electronic documents;

(7) may accept electronically any fee that

the county clerk is authorized to collect; and

(8) may agree with other officials of a

state, of a political subdivision of a state 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.

Section 5. ADMINISTRATION AND STANDARDS.--

A. The information technology commission and the

state commission of public records, in consultation with the

county clerks of New Mexico, shall adopt standards to

implement the Uniform Real Property Electronic Recording Act.

B. To keep 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 county

clerks in this state compatible with technology used by

recording offices in other jurisdictions that enact

substantially the Uniform Real Property Electronic Recording

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Act, the information technology commission and the state

commission of public records, in consultation with the county

clerks of New Mexico, so far as is consistent with the

purposes, policies and provisions of the Uniform Real

Property Electronic Recording Act, in adopting, amending and

repealing standards shall consider:

(1) standards and practices of other

jurisdictions;

(2) the most recent standards promulgated by

national standard-setting bodies, such as the property

records industry association;

(3) the views of interested persons and

governmental officials and entities;

(4) the needs of counties of varying size,

population and resources; and

(5) standards requiring adequate information

security protection to ensure that electronic documents are

accurate, authentic, adequately preserved and resistant to

tampering.

C. The secretary of state may adopt and promulgate

rules to implement the provisions of Subsection C of Section

3 of the Uniform Electronic Recording Act by providing for

the electronic notarization, acknowledgment, verification,

swearing or affirming under oath and other notarial acts by

notaries public with respect to a document or signature.

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Section 6. UNIFORMITY OF APPLICATION AND

CONSTRUCTION.--In applying and construing the Uniform Real

Property Electronic Recording Act, consideration shall be

given to the need to promote uniformity of the law with

respect to its subject matter among states that enact it.

Section 7. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL

AND NATIONAL COMMERCE ACT.--The Uniform Real Property

Electronic Recording Act modifies, limits and supersedes the

federal Electronic Signatures in Global and National Commerce

Act but does not modify, limit or supersede Section 101(c) of

that act or authorize electronic delivery of any of the

notices described in Section 103(b) of that act.

Section 8. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.