§ 291-i. Validity of electronic recording. 1. Notwithstanding any law
to the contrary, (a) where a law, rule or regulation requires, as a
condition for recording, that an instrument affecting real property be
an original, be on paper or another tangible medium or be in writing,
the requirement is satisfied by a digitized paper document or an
electronic record of such instrument;

(b) where a law, rule or regulation requires, as a condition for
recording, that an instrument affecting real property be signed, the
requirement is satisfied, where the instrument exists as a digitized
paper document, if the digitized image of a wet signature of the person
executing such instrument appears on such digitized paper document or,
where the instrument exists as an electronic record, if the instrument
is signed by use of an electronic signature;

(c) where a law, rule or regulation requires, as a condition of
recording, that an instrument affecting real property or a signature
associated with such an instrument be notarized, acknowledged, verified,
witnessed or made under oath, the signature requirement is satisfied if:
(i) the digitized image of a wet signature of the person authorized to
perform that act and any stamp, impression or seal required by law to be
included, appears on a digitized paper document of such instrument; or
(ii) the electronic signature of the person authorized to perform that
act, and all other information required to be included, is attached to
or logically associated with an electronic record of such instrument,
provided, however that no physical or electronic image of a stamp,
impression or seal shall be required to accompany such electronic
signature.

(d) where a law, rule or regulation requires, as a condition of
recording an instrument affecting real property, that any accompanying
document be filed therewith, the requirement is satisfied if, in the
case of recording by electronic means, a digitized paper document or
electronic record of any such accompanying document is presented to the
recording officer at the same time as such instrument is recorded by
electronic means; provided that each such document or record shall be
presented to the recording officer as a separate digitized paper
document or electronic record unto itself.

2. A digitized paper document or documents shall be created using a
software application or other electronic process which stores an image
of the original paper document or documents, and which does not permit
additions, deletions or other changes to the digitized image, or if
additions, deletions or changes are permitted, a media trail exists
which creates an electronic record which makes it possible to identify
these changes.

3. Nothing in this section or any other provision of law shall be
construed to require the recording by electronic means of instruments
affecting real property. The decision by each county clerk to
participate in electronic recording is discretionary. Once a county
clerk permits electronic recording, the county shall accept such
electronic recordings.

4. Where any recording officer permits instruments affecting real
property and any accompanying documents to be presented for recording or
filing as digitized paper documents or electronic records pursuant to
this section, such recording by electronic means shall be in accordance
with the rules and regulations established by the electronic facilitator
pursuant to subdivision five of this section.

5. In order to ensure consistency in the standards and practices of,
and the technology used by recording officers in the state, the
electronic facilitator, as described in section three hundred three of
the state technology law, shall, consistent with the provisions of
article three of the state technology law, promulgate rules and
regulations, and amendments thereto, as appropriate governing the use
and acceptance of digitized paper documents, electronic records and
electronic signatures under this article. Such authority shall address
and be limited to standards requiring adequate information security
protection to ensure that electronic records of instruments affecting
real property documents are accurate, authentic, adequately preserved
for long-term electronic storage and resistant to tampering. When
promulgating rules and regulations, the electronic facilitator may take
into consideration: (a) the most recent standards promulgated by
national standard-setting bodies such as, without limitation, the
property records industry association; (b) the views of interested
persons and governmental officials and entities, including but not
limited to recording officers and representatives of the state title,
legal and banking industries; and (c) the needs of counties of varying
size, population, and resources.

6. Nothing contained in this section shall be construed to authorize a
recording officer to furnish digitized paper documents of the reports
required by section five hundred seventy-four of the real property tax
law. Such reports shall be furnished as paper documents with the
requisite notations thereon, except where the state board of real
property services has agreed to accept data submissions in lieu thereof
or has provided for the electronic transmission of such data pursuant to
law.