State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47 > GS_47-16_5

§ 47‑16.5. Administration and standards.

(a)        Standard‑SettingAgency. – The Secretary of State shall adopt standards to implement thisArticle upon recommendation of the Electronic Recording Council. The Secretaryof State may direct the Council to revise any portion of the recommendedstandards the Secretary deems inadequate or inappropriate. Technologicalstandards and specifications adopted by the Secretary of State to implementthis Article are engineering standards for the purposes of G.S. 150B‑2(8a)h.

(b)        ElectronicRecording Council Created. – The Electronic Recording Council is created in theDepartment of the Secretary of State to advise and assist the Secretary ofState in the adoption of standards to implement this Article. The Council shallreview the functions listed in G.S. 47‑16.4 and shall formulate andrecommend to the Secretary standards for recording electronic documents andimplementing the other functions listed in G.S. 47‑16.4. The Councilshall report its findings and recommendations to the Secretary of State atleast once each calendar year. The Council shall advise the Secretary of Stateon a continuing basis of the need to adopt, amend, revise, or repeal standards.The Council may advise the Secretary of State on any other matter the Secretaryrefers to the Council.

(c)        Council Membership,Terms, and Vacancies. – The Council shall consist of 13 members as follows:

(1)        Seven membersappointed by the North Carolina Association of Registers of Deeds. It is theintent of the General Assembly that the North Carolina Association of Registersof Deeds shall appoint as members a representative selection of registers ofdeeds from large, medium, and small counties, urban and rural counties, and thedifferent geographic areas of this State.

(2)        One member appointedby the North Carolina Bar Association.

(3)        One member appointedby the North Carolina Society of Land Surveyors.

(4)        One member appointedby the North Carolina Bankers Association.

(5)        One member appointedby the North Carolina Land Title Association.

(6)        One member appointedby the North Carolina Association of Assessing Officers.

(7)        The Secretary ofCultural Resources or the Secretary's designee.

In making appointments to theCouncil, each appointing authority shall select appointees with the ability andcommitment to fulfill the purposes of the Council.

Appointed members shall servefour‑year terms, except that the initial appointments by the NorthCarolina Bar Association, the North Carolina Bankers Association, the NorthCarolina Association of Assessing Officers, and three of the initialappointments by the North Carolina Association of Registers of Deeds shall befor two years. All initial terms shall commence on the effective date of thisArticle. Members shall serve until their successors are appointed. Anappointing authority may reappoint a member for successive terms. A vacancy onthe Council shall be filled in the same manner in which the originalappointment was made, and the term shall be for the balance of the unexpired term.

(d)        Council Meetingsand Officers. – The Secretary of State shall call the first meeting of theCouncil. At the first meeting and biennially thereafter, the Council shallelect from its membership a chair and a vice‑chair to serve two‑yearterms. Meetings may be called by the chair, the vice‑chair, or theSecretary of State. Meetings shall be held as often as necessary, but at leastonce a year.

(e)        CouncilCompensation. – None of the members of the Council shall receive compensationfor serving on the Council, but Council members shall receive per diem,subsistence, and travel expenses in accordance with G.S. 138‑5 and G.S.138‑6, as applicable.

(f)         Staff and OtherAssistance. – As soon as practicable and as needed thereafter, the Councilshall identify the information technology expertise it needs and report itsneeds to the Secretary of State. The Council shall also report any otherexpertise needed to fulfill its responsibilities. The Secretary of State shallprovide professional and clerical staff and other services and supplies,including meeting space, as needed for the Council to carry out its duties inan effective manner. The Secretary of State may appoint additional committeesto advise and assist the Council in its work.

The Council shall consult withthe North Carolina Local Government Information Systems Association, and mayconsult with any other person the Council deems appropriate, to advise andassist the Council in its work.

(g)        Uniformity ofStandards. – To keep the standards and practices of registers of deeds in thisState in harmony with the standards and practices of recording offices in otherjurisdictions that enact substantially this Article and to keep the technologyused by registers of deeds in this State compatible with technology used byrecording offices in other jurisdictions that enact substantially this Article,the Secretary of State and the Council shall consider all of the following incarrying out their responsibilities under this Article, so far as is consistentwith its purposes, policies, and provisions:

(1)        Standards andpractices of other jurisdictions.

(2)        The most recentstandards adopted by national standard‑setting bodies, such as theProperty Records Industry Association.

(3)        The views ofinterested persons and other governmental officials and entities.

(4)        The needs ofcounties of varying size, population, and resources.

(5)        Standards requiringadequate information security protection to ensure that electronic documentsare accurate, authentic, adequately preserved, and resistant to tampering. (2005‑391, s. 1.)