Bill Text: MI SB1188 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Property: recording; recording; procedures under the uniform real property electronic recording act; extend sunset. Amends sec. 5a of 2010 PA 123 (MCL 565.845a). TIE BAR WITH: SB 1186'20, SB 1189'20, SB 1187'20
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-12-30 - Assigned Pa 0337'20 With Immediate Effect [SB1188 Detail]
Download: Michigan-2019-SB1188-Introduced.html
SENATE BILL NO. 1188
October 08, 2020, Introduced by Senator
MACGREGOR and referred to the Committee on Government Operations.
A bill to amend 2010 PA 123, entitled
"Uniform real property electronic recording act,"
by amending sections 3 and 4 (MCL 565.843 and 565.844), section 4 as amended by 2018 PA 364, and by adding section 5a.
the people of the state of michigan enact:
Sec. 3. (1) 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.
(2) If a law requires as a condition for recording that a
document be signed, the requirement is satisfied by an electronic signature.
(3) 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. A physical
or electronic image of a stamp, impression, or seal need not accompany an
electronic signature.
(4) This Except as provided in section 5a, this section does
not require that a register of deeds accept electronic documents for recording.
Sec. 4. (1) A Except
as provided in section 5a, a county register of deeds who
implements any of the functions listed in subsection (2) shall do so in compliance with any standards established by the electronic
recording commission.
(2) A county register of deeds may do any of the following:
(a) Receive, index, store, archive, and transmit electronic
documents.
(b) Provide for access to, and for search and retrieval of,
documents and information by electronic means.
(c) Convert paper documents accepted for recording into
electronic form.
(d) Convert into electronic form information recorded before
the county register of deeds began to record electronic documents.
(e) Accept electronically any fee or tax that the county
register of deeds is authorized to collect.
(f) Agree with other officials of a state or 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 or taxes.
(3) A county register of deeds who accepts electronic
documents for recording shall continue to accept paper documents for recording
as authorized by state law. The county register of deeds shall place entries
for both types of documents in the same index.
(4) A Except as provided in section 5a, a county register
of deeds shall only accept electronic documents for recording from a person
with which the county register of deeds has entered into an agreement establishing a verified transactional
relationship.
(5) This act does not invalidate electronic documents
recorded under this act, the uniform electronic transactions act, 2000 PA 305,
MCL 450.831 to 450.849, or the federal electronic signatures in global and
national commerce act, 15 USC 7001 to 7031, before the establishment of
standards under this act by the electronic recording commission.
Sec. 5a. (1) During the time that this
section applies, a register of deeds shall accept electronic documents for
recording.
(2)
During the time that this section applies, a register of deeds need only act in
substantial compliance with this act and any standards established by the
electronic recording commission.
(3) During the
time that this section applies, a register of deeds shall deem all financial
institutions and all title insurance companies or their employed or contracted
settlement agents as covered by an agreement establishing a verified
transactional relationship for purposes of section 4(4). The register of deeds
may ask the financial institution or title insurance company for verification
of a notary's employment or contractual association.
(4) This section applies after April 29, 2020 and before January 1, 2021.
