Legislation
State: Kansas
Signed: April 19, 2006
Effective: July 01, 2006
Chapter: 145
SummaryKansas is the latest state to adopt the Uniform Real Property Electronic Recording Act (URPERA).
Certain sections of the bill are effective on or after July 1, 2007.
AffectsAdds an as yet to be codified section to the Kansas Statutes Annotated.
Changes
- Enacts the Uniform Real Property Electronic Recording Act (URPERA), which permits county recorders to establish an electronic recording system to record electronic real property documents.
- Tasks a 15-member electronic recording commission with the responsibility of creating technical standards for implementing the Act. The members of the commission are provided for in the new law.
AnalysisKansas is the latest state to adopt the Uniform Real Property Electronic Recording Act (URPERA). The version of URPERA published by the National Conference of Commissioners on Uniform State Laws contains a provision on notarization and formally abolishes any requirement that a physical image of a Notary seal must be affixed to an electronic document. The Kansas legislature removed the notarization provision from the Act entirely at the urging of Secretary of State Ron Thornburgh, who felt that the URPERA notarization provision could conflict with a provision in the state’s Uniform Electronic Transactions Act directing the Secretary of State to promulgate rules for electronic notarization.
Read House Bill 2606.