§502-123 - Recording of documents.
[§502-123] Recording of documents.
(a) Notwithstanding any other law to the contrary, and subject to rules
adopted by the department of land and natural resources pursuant to chapter 91,
the registrar may:
(1) Accept, make, keep, enter, file, index, store,
archive, and transmit electronic documents; provided that the registrar shall
also continue to accept paper documents for recording and shall place entries
for both types of documents in the same index;
(2) Convert or copy paper documents that are accepted
for recording into electronic form;
(3) Convert or copy prior records of documents made
in the bureau of conveyances into electronic form;
(4) Accept fees for services rendered under this
chapter electronically; and
(5) Enter into agreements with other officials of
states or political subdivisions thereof, or of the United States, on
procedures or processes to electronically satisfy prior approvals and
conditions precedent to recording and to facilitate the electronic payment of
fees.
(b) This part shall also apply to any document
that is received by the registrar of the bureau of conveyances or filed at the
bureau of conveyances by the registrar of the land court pursuant to chapter
501.
(c) The department of land and natural
resources shall adopt rules pursuant to chapter 91 necessary for the purposes
of this part, including to determine when an electronic document shall be
considered delivered to the registrar pursuant to section 502-32.
(d) To keep the standards and practices of
recording in the State in harmony with the standards and practices of recording
offices in other jurisdictions that enact provisions substantially similar to
this part, and to keep the technology used by the registrar compatible with
technology used by recording offices in other jurisdictions that enact
provisions substantially similar to this part, the department of land and
natural resources, so far as is consistent with the provisions of this part, in
adopting rules under chapter 91, shall consider:
(1) The standards and practices of other
jurisdictions;
(2) The most recent standards adopted 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 jurisdictions 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. [L 2009, c 102, pt of §2(1)]