Chapter 386
Oregon Laws 2011
AN ACT
HB 3195
Relating to
electronic records; creating new provisions; amending ORS 93.804 and 93.810;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 93.804 is amended to read:
93.804. (1) Except as provided in [subsection (2)] subsections (2) and
(3) of this section, [when any]
if an instrument presented for recording conveys an interest in real
property and is required by law to be acknowledged or proved, a county clerk [shall] may not record the
instrument unless the instrument contains the original signatures of the
persons executing the instrument and the original signature of the officer
before whom the acknowledgment was made.
(2) A county clerk may record a
certified copy of an instrument that conveys an interest in real property [when] if a law authorizes [the] recording [of] a certified copy of the instrument [is authorized by law] and the instrument contains the original
certification of the certifying officer.
(3) If an instrument that is
eligible to be recorded under the laws of this state is presented for recording
as an electronic image or by electronic means, a county clerk may record the
instrument. If the county clerk records the instrument, the county clerk shall
require the person that presents the instrument for recording to certify that
the instrument contains the original signatures required under subsection (1)
of this section or that the instrument from which the person made the
electronic image contains the original signatures required under subsection (1)
of this section.
(4) A county clerk may enter into a
contract to receive instruments as electronic images or by electronic means
with a contractor that presents the instruments for recording on behalf of
another person. The contractor or the other person shall certify by electronic
means or otherwise that the instrument that the contractor presents for
recording, or the instrument from which the electronic image was made, contains
the original signatures required under subsection (1) of this section.
SECTION 2. ORS 93.810 is amended to
read:
93.810. The following are subjects of
validating or curative Acts applicable to this chapter:
(1) Evidentiary effect and recordation
of conveyances before 1854.
(2) Evidentiary effect and recordation
of certified copies of deeds issued by the State Land Board [prior to] before 1885 where
the original deed was lost.
(3) Defective acknowledgments of
married women to conveyances [prior to]
before 1891.
(4) Foreign instruments executed [prior to] before 1903.
(5) Deeds of married women before
1907, validity; executed under power of attorney and record as evidence.
(6) Conveyances by reversioners and
remainderpersons to life tenant.
(7) Decrees or judgments affecting
lands in more than one county.
(8) Irregular deeds and conveyances;
defective acknowledgments; irregularities in judicial sales; sales and deeds of
executors, personal representatives, administrators, conservators and
guardians; vested rights arising by adverse title; recordation.
(9) Defective acknowledgments.
(10) Title to lands from or through
aliens.
(11) An instrument that is
presented for recording as an electronic image or by electronic means and that
is recorded before the effective date of this 2011 Act.
SECTION 3. Section 4 of this 2011
Act is added to and made a part of ORS chapter 93.
SECTION 4. An instrument that is
presented for recording as an electronic image or by electronic means and that
a county clerk records before the effective date of this 2011 Act complies with
the provisions of ORS 84.001 to 84.061 and 93.804.
SECTION 5. The amendments to ORS
93.804 and 93.810 by sections 1 and 2 of this 2011 Act apply to documents that
are recorded or are presented for recording before, on or after the effective
date of this 2011 Act.
SECTION 6. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect on
its passage.
Approved by
the Governor June 16, 2011
Filed in the
office of Secretary of State June 16, 2011
Effective date
June 16, 2011
__________