(a) The Electronic Recording Commission consisting of 14 members is created to adopt standards to implement this division. The members shall be appointed as follows:

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Terms Used In Alabama Code 35-4-124

  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Probate: Proving a will
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) Six judges of probate or chief clerks appointed by the Alabama Probate Judges Association.
(2) Two practicing attorneys appointed by the Alabama State Bar Association.
(3) One person engaged in the business of title insurance in the State of Alabama appointed by the Alabama Land Title Association, a division of the Dixie Land Title Association.
(4) One person appointed by the Alabama Bankers Association.
(5) One person appointed by the Association of County Commissions of Alabama.
(6) The Chief Examiner of the Alabama Department of Examiners of Public Accounts, or his or her designee.
(7) The Director of the Alabama Department of Archives and History, or his or her designee.
(8) One person appointed by the Alabama Association of Realtors.
(b) To keep the standards and practices of judges of probate in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this division and to keep the technology used by judges of probate in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this division, the Electronic Recording Commission, so far as is consistent with the purposes, policies, and provisions of this division 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.
(5) Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
(c) The Electronic Recording Commission shall adopt standards pursuant to this division. The commission shall prescribe uniform standards for electronic recording of real estate records for any county participating in the electronic recording of real estate in the county. The Secretary of State, pursuant to the Alabama Administrative Procedure Act, shall immediately implement the standards adopted by the Electronic Recording Commission without change.
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