|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 22, 2010||referred to rules|
senate Bill S8318
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8318 (ACTIVE) - Details
S8318 (ACTIVE) - Sponsor Memo
BILL NUMBER:S8318 TITLE OF BILL: An act to amend the state technology law, the real property law and the civil practice law and rules, in relation to permitting electronic recording of instruments affecting real property PURPOSE: This bill would authorize the electronic recording of instruments affecting real property. SUMMARY OF PROVISIONS: Section 1 of this bill would amend State Technology Law ("STL") § 307 to remove a provision that makes the Electronic Signature and Records Act ("ESRA") inapplicable to conveyances or other instruments recordable under Real Property Law ("RPL") Article 9. Section 2 of this bill would amend RPL § 290, to include definitions of terms used in the new RPL § 291-i, added by section 3 of this bill.
S8318 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8318 I N S E N A T E June 22, 2010 ___________ Introduced by Sens. STEWART-COUSINS, KLEIN -- (at request of the Gover- nor) -- read twice and ordered printed, and when printed to be commit- ted to the Committee on Rules AN ACT to amend the state technology law, the real property law and the civil practice law and rules, in relation to permitting electronic recording of instruments affecting real property THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 3 and 4 of section 307 of the state technology law, such section as renumbered by chapter 437 of the laws of 2004, are amended to read as follows: 3. [To any conveyance or other instrument recordable under article nine of the real property law. 4.] To any other document that the electronic facilitator has specif- ically excepted, pursuant to the rules and regulations of the electronic facilitator, from the application of this article. S 2. Section 290 of the real property law, subdivision 4 as amended by chapter 569 of the laws of 1925, subdivision 5 as amended by chapter 317 of the laws of 1943 and subdivision 6 as renumbered by chapter 227 of the laws of 1926, is amended to read as follows: S 290. Definitions; effect of article. 1. The term "real property," as used in this article, includes lands, tenements and hereditaments and chattels real, except a lease for a term not exceeding three years. 2. The term "purchaser" includes every person to whom any estate or interest in real property is conveyed for a valuable consideration, and every assignee of a mortgage, lease or other conditional estate. 3. The term "conveyance" includes every written instrument, by which any estate or interest in real property is created, transferred, mort- gaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of a power, although the power be one of revocation only, and an instrument postponing or subor- dinating a mortgage lien; except a will, a lease for a term not exceed- ing three years, an executory contract for the sale or purchase of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12197-09-0
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