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§ 483.6. Administration and standards

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 21 P.S. Deeds and MortgagesEffective: July 5, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 21 P.S. Deeds and Mortgages (Refs & Annos)
Chapter 1. Deeds and General Provisions
Registration and Recording (Refs & Annos)
Uniform Real Property Electronic Recording Act (Refs & Annos)
Effective: July 5, 2012
21 P.S. § 483.6
§ 483.6. Administration and standards
(a) Standards for implementation.--The commission shall adopt standards to implement this act in the form of administrative regulations. This act shall not impair the validity of electronic documents and electronic signatures utilized prior to the effective date of the standards adopted under this subsection, except that such electronic documents or electronic signatures shall comport with:
(1) Chapters 1, 3 and 5 of the act of December 16, 1999 (P.L. 971, No. 69),1 known as the Electronic Transactions Act.
(2) With respect to notarizations, the requirements and procedures of the act of August 21, 1953 (P.L. 1323, No. 373),2 known as The Notary Public Law, pertaining to electronic notarization, acknowledgment and verification.
(b) Manner of formulating standards.--To keep the standards and practices of recording offices in this Commonwealth in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this act and to keep the technology used by recorders in this Commonwealth compatible with technology used by recording offices in other jurisdictions that enact substantially this act, the commission, so far as is consistent with the purposes, policies and provisions of this act, in adopting, amending and repealing standards, shall do all of the following:
(1) Consult with electronic recording commissions in other states.
(2) Consider the most recent standards promulgated by the Property Records Industry Association or any successor organization.
(3) Consider the standards and practices of and the technology used by the other states.
(4) Consider the views of interested persons for the purposes of obtaining guidance and assuring uniformity.
(5) Consider the needs of counties of varying size, population and resources.
(6) Provide for adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved and resistant to tampering.
(7) Consider the need to prevent and detect fraud.
(8) Provide methods to ensure that any person submitting electronic documents for recording is approved as a trusted submitter by the recording office and has provided sufficient information to enable the recording office to identify and contact the person if necessary to correct errors and prevent fraud.
(9) Provide methods to ensure that information is provided in connection with recording that is adequate to identify and serve process upon a person or any agent of a person causing a document to be recorded so as to facilitate the availability of remedies for the improper or fraudulent recording of documents.
(c) Procedure.--
(1) Initial standards under this section shall be promulgated as temporary regulations, in accordance with the following:
(i) The rulemaking shall be exempt from all of the following:
(A) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L. 769, No. 240),3 referred to as the Commonwealth Documents Law.
(B) Sections 204(b) and 301(10) of the act of October 15, 1980 (P.L. 950, No. 164),4 known as the Commonwealth Attorneys Act.
(C) The act of June 25, 1982 (P.L. 633, No. 181),5 known as the Regulatory Review Act.
(ii) The temporary regulations shall not be effective for more than two years.
(2) The commission shall promulgate permanent regulations in accordance with law.
(d) Conflict.--
(1) The powers and duties of the following may not be exercised in a manner which is inconsistent with the powers and duties exercised by the commission under this section:
(i) The county and Local Government Records Committees under the act of May 9, 1949 (P.L. 908, No. 250),6 entitled, as amended, “An act relating to public records of political subdivisions other than cities and counties of the first class; authorizing the recording and copying of documents, plats, papers and instruments of writing by digital, photostatic, photographic, microfilm or other process, and the admissibility thereof and enlargements thereof in evidence; providing for the storage of duplicates and sale of microfilm and digital copies of official records and for the destruction of other records deemed valueless; and providing for the services of the Pennsylvania Historical and Museum Commission to political subdivisions.”
(ii) An officer of a county of the first class or of a city of the first class under the act of May 11, 1949 (P.L. 1076, No. 311),7 entitled, as amended, “An act authorizing the recording, copying and recopying, of documents, plats, papers, written instruments, records and books on file or of record, and the replacement and certification of originals previously filed and of record, by officers of counties of the first class and of cities of the first class, by photostatic, photographic, microphotographic, microfilm, or other mechanical process; relating to the effect and use of such copies, records, reproductions, replacements and transcripts, or certified copies thereof; providing for a recording fee and its use; and providing for revision of and entries to be made on originals and copies so produced or replaced.”
(2) Standards under this section shall supersede standards, policies and procedures of the persons listed in paragraph (1) to the extent of any inconsistency.
(e) Sunset.--The commission shall terminate on January 1 of the fourth year after the effective date of this act, unless it is reestablished by action of the General Assembly. Prior to termination, the commission may offer recommendations to the General Assembly, including recommendations to modify the date the commission shall terminate.

Credits

2012, July 5, P.L. 935, No. 100, § 6, imd. effective.

Footnotes

73 P.S. § 2260.101 et seq.
57 P.S. § 147 et seq.
45 P.S. § 1201 to 1205.
71 P.S. §§ 732-204, 732-301.
71 P.S. § 745.1 et seq.
65 P.S. § 63.1 et seq.
65 P.S. § 65.1 et seq.
21 P.S. § 483.6, PA ST 21 P.S. § 483.6
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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