Bill Status of HB 227   95th General Assembly

Short Description:  REAL PROP ELECTRONIC RECORDING

House Sponsors
Rep. Barbara Flynn Currie-Mark H. Beaubien, Jr.-Sidney H. Mathias-Kathleen A. Ryg

Senate Sponsors
(Sen. William R. Haine)


Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Uniform Real Property Electronic Recording Act. Authorizes a recorder to receive, index, store, archive, and transmit documents eligible to be recorded in the recorder's land records in the form of electronic documents, subject to specified requirements. Provides that, if a law requires a document eligible to be recorded in the recorder's land records to be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying the Act. Provides that, if a law requires that such a document be signed, the requirement is satisfied by an electronic signature. Provides that a requirement that a document or a signature be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the appropriate electronic signature and other required information is attached to or logically associated with the document or signature. Provides that the Secretary of State shall adopt standards to implement the Act. Contains provisions regarding recording, conversion of documents, administration, standards, application, construction, other laws, and other matters.

House Amendment No. 1
Deletes everything after the enacting clause. Creates the Uniform Real Property Electronic Recording Act. Contains only a short title provision.

House Amendment No. 2
Replaces everything after the enacting clause with provisions similar to those of the introduced bill, with the following changes: establishes, within the Office of the Secretary of State, the Illinois Electronic Recording Commission, consisting of the Secretary of State or his or her designee and 14 commissioners appointed by the Secretary of State, to adopt standards to implement the Act (rather than having the Secretary of State adopt those standards); eliminates language providing that, in applying and construing the Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it; provides that standards and rules adopted by the Commission shall be delivered to the Secretary of State who, within 60 days, shall either promulgate by rule the standards adopted, amended, or repealed or return them to the Commission for changes, and that the Commission may override the Secretary by a three-fifths vote, in which case the Secretary shall publish the Commission's standards; and makes other changes. Effective immediately.

House Amendment No. 3
Further amends the Uniform Real Property Electronic Recording Act. Provides that a county recorder when implementing functions listed in the Act must follow the procedures of the Local Records Act before destroying original paper records as part of a conversion process into an electronic or other format.

Actions 
DateChamber Action
  1/8/2007HousePrefiled with Clerk by Rep. Barbara Flynn Currie
  1/8/2007HouseChief Co-Sponsor Rep. Mark H. Beaubien, Jr.
  1/19/2007HouseFirst Reading
  1/19/2007HouseReferred to Rules Committee
  1/31/2007HouseAssigned to Judiciary I - Civil Law Committee
  2/6/2007HouseAdded Chief Co-Sponsor Rep. Sidney H. Mathias
  3/21/2007HouseHouse Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  3/21/2007HouseHouse Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/21/2007HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 011-000-000
  3/21/2007HousePlaced on Calendar 2nd Reading - Short Debate
  4/26/2007HouseHouse Amendment No. 2 Filed with Clerk by Rep. Barbara Flynn Currie
  4/26/2007HouseHouse Amendment No. 2 Referred to Rules Committee
  4/27/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 3, 2007
  4/30/2007HouseHouse Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  5/1/2007HouseHouse Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 010-000-000
  5/2/2007HouseHouse Amendment No. 3 Filed with Clerk by Rep. Barbara Flynn Currie
  5/2/2007HouseHouse Amendment No. 3 Referred to Rules Committee
  5/3/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 10, 2007
  5/7/2007HouseHouse Amendment No. 3 Recommends Be Adopted Rules Committee; 003-002-000
  5/10/2007HouseSecond Reading - Short Debate
  5/10/2007HouseHouse Amendment No. 2 Adopted by Voice Vote
  5/10/2007HouseHouse Amendment No. 3 Adopted by Voice Vote
  5/10/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/10/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 18, 2007
  5/15/2007HouseThird Reading - Short Debate - Passed 111-003-000
  5/15/2007HouseAdded Chief Co-Sponsor Rep. Kathleen A. Ryg
  5/16/2007SenateArrive in Senate
  5/16/2007SenatePlaced on Calendar Order of First Reading
  5/16/2007SenateChief Senate Sponsor Sen. William R. Haine
  5/16/2007SenateFirst Reading
  5/16/2007SenateReferred to Rules
  4/17/2008SenateAssigned to Judiciary Civil Law
  5/15/2008SenateRule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee
  7/1/2008SenatePursuant to Senate Rule 3-9(b) / Referred to Rules
  1/13/2009HouseSession Sine Die

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