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2017 Mississippi Code
Title 89 - Real and Personal Property
Chapter 5 - Recording of Instruments
Article 3 - Uniform Real Property Electronic Recording Act
§ 89-5-109. Administration and standards
Universal Citation: MS Code § 89-5-109 (2017)
- (a) The Mississippi Electronic Recording Commission consisting of eleven (11) members is created to adopt standards to implement this article. The membership of the commission shall comprise the following:
- (1) A person appointed by the Governor;
- (2) A person appointed by the Lieutenant Governor;
- (3) A person appointed by the Speaker of the House of Representatives;
- (4) Three (3) members of the Chancery Clerks' Association;
- (5) A person appointed by the Mississippi Association of Supervisors;
- (6) The director of the Mississippi Information Technology Services or his designee; and
- (7) Three (3) persons appointed by the Secretary of State.
Appointed members of the commission shall serve a term of two (2) years from the date of appointment as evidenced by letters to the Secretary of the Senate and the Clerk of the House of Representatives, with the appointment letter last received being the effective date of appointment. Any member serving by virtue of appointment shall serve until a successor is duly appointed. Appointed members shall be eligible for reappointment at the end of their terms.
- (b) Appointments are to be made no later than October 1, 2011, and the initial meeting of the commission is to be held no later than November 1, 2011. The initial meeting is to be called at a time and place designated by the Secretary of State who shall preside until a permanent chair is elected. The election of a permanent chair shall be held at the initial meeting. The chair shall serve during the chair's tenure but shall not serve consecutive terms as chair. The commission shall establish rules to govern the conduct of its meetings and shall elect such officers as provided in the rules. A quorum shall consist of no fewer than six (6) members.
- (c) To keep the standards and practices of chancery clerks in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this article and to keep the technology used by chancery clerks in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this article, the commission, so far as is consistent with the purposes, policies, and provisions of this article, 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.
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