New Laws
PUBLIC CHAPTER NO. 116
HOUSE BILL NO. 368
By Representative Shepard
Substituted for: Senate Bill No. 541
By Senator Jackson
AN ACT to amend Tennessee Code Annotated, Section 66-22-101 and
Section 66-24-101, relative to authentication of documents for registration or recording in the office of the county register.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 66-24-101(a)(27), is amended by adding the following at the end of such subdivision:
The affiant in the case of any affidavit of scrivener's error may
attach a document, including a document previously recorded with
corrections made by the affiant with such affidavit.
SECTION 2. This act shall take effect upon becoming a law, the public
welfare requiring it.
PASSED: April 23, 2007
PUBLIC CHAPTER NO. 180
SENATE BILL NO. 1373
By Haynes, Marrero
Substituted for: House Bill No. 467
By Fitzhugh
AN ACT to amend Tennessee Code Annotated, Title 67, relative to recording
taxes on transfers to and from a revocable trust.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 67-4-409(a)(3), is
amended by deleting the word “or” from the end of subdivision (E), by deleting
the current language of subdivision (F) in its entirety and by inserting the
following as new subdivisions (F) and (G) thereto:
(F) Are transfers by a transferor of real estate to a revocable
living trust created by the same transferor or by a spouse of the
transferor, or transfers by the trustee of a revocable living trust back to
the same transferor or to the transferor’s spouse; or
(G) Are deeds executed by the trustee of a revocable living trust
to implement a testamentary devise by the trustor of the trust.
SECTION 2. This act shall take effect July 1, 2007, the public welfare
requiring it.
PASSED: May 3, 2007
PUBLIC CHAPTER NO. 420
SENATE BILL NO. 317
By Henry
Substituted for: House Bill No. 1080
By Mike Turner
AN ACT to amend Tennessee Code Annotated, Title 66, Chapter 24, relative to
the registration and recording of documents and electronic records in the
office of county register, and to enact the Uniform Real Property
Electronic Recording Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 66-24-101(d), is
amended by deleting the subsection in its entirety and by substituting instead the
following:
(d)(1) The county register may register a copy of an electronic
document if the writing is otherwise eligible for registration and the
electronic document is certified as a true and correct copy of the
original as required in subdivision (2). For purposes of this
section, an electronic document is defined as one of the following:
(A) A writing created or retained as an electronic
record in accordance with the Uniform Electronic
Transactions Act (UETA) or the Uniform Real Property
Electronic Recording Act (URPERA), as codified in this
state or a substantially similar law of another state as
defined in the URPERA, and transmitted to the county
register electronically, or a paper copy of such an
electronic record; or
(B) A writing that is a digitized image of a paper
document (electronic copy) that is transmitted to the county
register electronically.
(2) The certification of an electronic document shall be
made by either a licensed attorney or the custodian of the
electronic version of the document and the signature of such
person shall be acknowledged by a notary public. The certification
shall be transmitted with the electronic document and shall be
recorded by the county register as a part of the document being
registered. The certification of electronic document shall be in
substantially the following form:
2
I, ___________________, do hereby make oath that I am a
licensed attorney and/or the custodian of the electronic version of
the attached document tendered for registration herewith and that
this is a true and correct copy of the original document executed
and authenticated according to law.
________________________________
Signature
State of _______________
County of _______________
Personally appeared before me,
_______________________, a notary public for this county and
state, (name of person making certification) who acknowledges
that this certification of an electronic document is true and correct
and whose signature I have witnessed.
_______________________________________________
Notary’s Signature
MY COMMISSION EXPIRES: _____________.
Notary’s Seal (If on paper)
(3) All electronic documents eligible for registration
pursuant to this subsection are validly registered when accepted
for recording by the county register. Electronic documents
registered by county registers prior to July 1, 2007 shall be
considered validly registered with or without the certification
provided in subdivision (2).
(4) No county register shall be required to accept a
document transmitted electronically.
3
SECTION 2. Tennessee Code Annotated, Title 66, Chapter 24, is
amended by designating the current sections as Part I and by adding and
designating the following as Part 2:
Section 66-24-201. This part shall be known and may be cited as
the “Uniform Real Property Electronic Recording Act.”
Section 66-24-202. As used in this part, unless the context
otherwise requires:
(1) “Digitized image” means an electronic document that is
created as an electronic copy of a paper document that accurately
depicts the information on the paper document and is unalterable.
(2) “Document” means information that is:
(A) Inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in
perceivable form; and
(B) Eligible to be recorded in the land records
maintained by the county register;
(3) “Electronic” means relating to technology having
electrical, digital, magnetic, wireless, optical, electromagnetic, or
similar capabilities;
(4) “Electronic document” means a document that is
received by the county register in an electronic form;
(5) “Electronic signature” means an electronic sound,
symbol, or process attached to or logically associated with a
document and executed or adopted by a person with the intent to
sign the document;
(6) “Paper document” means a document that is received
by the county register of deeds in a form that is not electronic;
(7) “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;
(8) “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; and
(9) “Wet Signature” means a signature affixed in ink or
pencil or other material to a paper document.
4
Section 66-24-203.
(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 this part.
(b) If a law requires, as a condition for recording, that a document
be signed, the requirement is satisfied by an electronic signature or a
digitized image of a wet 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 or a digitized image of a
wet 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.
(d) (1) A county register may receive for registration any electronic
document that is created by making a digitized image of an
original paper document that is eligible for registration, and
beginning July 1, 2007, has the certification required by § 66-24-
101(d).
(2) All recordings of electronic documents eligible for
registration pursuant to this subsection are validly registered when
accepted for recording by the county register. Electronic
documents registered by county registers prior to the effective
date of this act shall be considered validly registered.
Section 66-24-204.
(a) A county register: (1) Who implements any of the functions
listed in this section shall do so in compliance with standards
established by the information systems council established under
§ 4-3-5501;
(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;
(5) May convert paper documents accepted for recording
into electronic form;
5
(6) May convert into electronic form information recorded
before the county register began to record electronic documents;
(7) May accept electronically any fee or tax that the county
register is authorized to collect;
(8) 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; and
(9) May refuse to record any document transmitted
electronically to the county register for recording under this act on
and after July 1, 2007 that does not comply with § 66-24-101.
(b) Any electronic documents or digitized images accepted by the
county register prior to the effective date of this act are deemed to be
recorded properly and to impart constructive notice.
Section 66-24-205. (a) The information systems council shall
adopt standards to implement this part.
(b) To keep the standards and practices of county registers in this
state 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 county registers in this state compatible with
technology used by recording offices in other jurisdictions that enact
substantially this act, the information systems council so far as is
consistent with the purposes, policies, and provisions of this part, 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.
Section 66-24-206. Nothing in this part, or any other provision of
law, shall be construed to require county registers to receive a document
electronically.
6
SECTION 3. If any provision of this act or the application of it to any
person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this act that can be given effect without the invalid
provision or application, and to that end the provisions of this act are declared to
be severable.
SECTION 4. This act shall take effect July 1, 2007, the public welfare
requiring it.
PASSED: May 31, 2007
Public Chapter 605
Senate Bill 3573 (person) House Bill 2852 (Pleasant)
Amends 10-7-401 to authorize the register of deeds to appoint a designee to serve on the county public records commission instead of the register personally.
Effective January 1, 2007.
Public Chapter 643
Senate Bill 3380 House Bill 3273 (Fitzhugh)
Requires a register of deeds to give a written notice to a person desiring to record a military discharge when this document is presented in person and not by mail. This notice must state that the recorded military discharge is a public record and is not confidential. Also, allows a register to make a copy of an original or properly certified copy of a military discharge so that the social security identification number may be redacted, in whole or part, on this copy made by the register, and this copy may then be recorded.
Effective July 1, 2006.
Public Chapter 644
Senate Bill 3535 (Black) House Bill 3135 (Maggart)
Amends 13-3-402 and 13-4-302 to require planning commission approval prior to the recording of amendments, modifications or corrections to plats of recorded subdivisions. However, an exception to this rule is made for an easement or survey attached to an easement granted to a governmental entity. Also, this act provides that a planning commission may designate someone other than the secretary of the planning commission to sign on behalf of the planning commission showing approval of plats and plat amendments.
Effective May 12, 2006.
Public Chapter 654
Senate Bill 3089 (Burchett) House Bill 2678 (Baird)
Amends title 66. chapter 11, part 1, to add a provision allowing a lien to be created against a leasehold of gas, oil or mineral leasehold to secure the payment of labor or materials furnished to the lessee. If unpaid, the lien expires after 90 days unless the person who furnished the labor or materials files with the county register of deeds a sworn statement as provided in section 66-11-112 (a contractor’s sworn statement regarding a lien).
Effective July 1, 2006.
Public Chapter 686
Senate Bill 3248 (Burchett) House Bill 2849 (Curtiss)
Amends the Underground Utility Damage Prevention Act at 65-31-105 to add e-mail addresses to the notice on file with the register which states that the operator has underground utilities in that county and gives the name, address and telephone number of the operator’s representative to receive notices of intent to excavate or demolish. Amends 65-31-107 to remove the requirement that a one-call service that provides service on behalf of operators having underground facilities in Tennessee file with the register of deeds of the county where utilities are located, the telephone number and address of the one-call service, a description of the geographical area served by the one-call service and a list of the names and addresses of all operators receiving the service.
Effective July 1, 2006.
Public Chapter 868
Senate Bill 3928 (Kyle) House Bill 4045 (McMillan)
Amends 68-102-125 to remove obsolete language regarding the recording fee charged for recording a court order enforcing a lien obtained by the commissioner of commerce and insurance for expenses incurred and penalties associated with the remedy of dangerous conditions on property. The new statute clarifies that for registration of the order, the register will receive a fee authorized for the recording of the documents (standard fees).
Effective June 5, 2006.
Public Chapter 951
Senate Bill 3586 (person) House Bill 3367 (Coleman)
Amends 35-5-114 regarding the sale of land to foreclose a deed of trust or mortgage to authorize the beneficiary under the deed of trust (secured Party) to appoint a successor trustee by filing a substitution of trustee for record with the register of deeds of the county in which the property is located. Also, provides for the recording of an affidavit by a substitute trustee concerning the mailing of notice giving the name and address of the substitute trustee to the debtor or co-debtors.
Effective July 1, 2006.