A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 30-5-25 SO AS TO REQUIRE EACH COUNTY REGISTER OF DEEDS TO IMPLEMENT AND MAINTAIN A PROPERTY RECORDING NOTIFICATION SYSTEM, TO PROVIDE SYSTEM REQUIREMENTS, TO REQUIRE THAT THE SERVICE BE OFFERED AT NO COST TO PROPERTY OWNERS, TO AUTHORIZE COUNTIES TO CONTRACT FOR SYSTEM SERVICES, TO PROVIDE IMMUNITY FOR SYSTEM FAILURES EXCEPT IN CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND TO ESTABLISH AN IMPLEMENTATION DEADLINE.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 5, Title 30 of the S.C. Code is amended by adding:

 

    Section 30-5-25. (A) Each county register of deeds shall implement, operate, and maintain an electronic property recording notification system that allows any property owner to register, at no cost, to receive email notifications when a document is recorded in the county's official real property records that contains the owner's name or is associated with property owned by the registrant, including parcel numbers, mailing addresses, or other identifying information the register of deeds reasonably determines to be relevant. The system must be accessible through the county's website and must allow registrants to provide, at minimum, their name, relevant property information, and an email address.

    (B) The notification system must:

       (1) automatically send an email notification to the registrant within twenty-four hours after the filing of a qualifying document;

       (2) include a general description of the recorded document sufficient to alert the registrant to potential fraudulent or unauthorized activity;

       (3) include a unique reference number generated by the system for each notification to facilitate communication between the property owner and the register of deeds; and

       (4) include a statement advising the registrant to review the document and, if appropriate, to contact law enforcement, legal counsel, or the register of deeds for assistance.

    (C) In addition to the requirements in subsection (B), a county may, at its discretion, provide additional optional methods of notification, including text message or automated telephone call. These additional optional methods may not supplant the required email notification requirements of subsection (B) but may supplement those requirements.

    (D) A county register of deeds may contract with third-party vendors or utilize statewide procurement contracts for the creation, operation, or maintenance of the system, and counties may seek grants or other available funding sources to support implementation.

    (E) The register of deeds, the county, and any system vendor are immune from liability for failure of the system to send notifications, delays in notification, errors in document-to-name matching, or any damage or loss allegedly resulting from reliance on the notification system, except in cases of gross negligence or intentional misconduct.

    (F) Each county register of deeds shall have an operational system in place no later than July 1, 2027, unless extended by act of the General Assembly.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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