58-4405. Electronic recording commission created; duties.

337 words·~2 min read·/ks/chapter-58/58-4405

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An electronic recording commission is created to adopt standards to implement this act. The commission shall consist of 15 persons who shall be appointed as follows:

(1)Three members who are registers of deeds appointed by the Kansas register of deeds association;

(2)two members of the title industry appointed by the Kansas land title association;

(3)one member who is an attorney appointed by the Kansas bar association;

(4)one member of the construction industry appointed by the governor;

(5)one member of the oil and gas industry appointed by the legislative coordinating council;

(6)one member of the banking industry appointed by the legislative coordinating council;

(7)one member of the mortgage industry appointed by the legislative coordinating council;

(8)one member who is a surveyor appointed by the legislative coordinating council;

(9)one member who is a realtor appointed by the legislative coordinating council;

(10)one member of the agricultural industry appointed by the governor;

(11)the state archivist or the archivist's designee; and

(12)the secretary of state or the secretary's designee.

(b)To keep the standards and practices of registers of deeds in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this act and to keep the technology used by registers of deeds in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this act, the electronic recording commission, so far as is consistent with the purposes, policies, and provisions of this act, in adopting, amending and repealing standards shall consider:

(1)Standards and practices of other jurisdictions;

(2)the most recent standards promulgated by national standard-setting bodies, such as the property records industry association;

(3)the views of interested persons and governmental officials and entities;

(4)the needs of counties of varying size, population and resources; and

(5)standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved and resistant to tampering.