Bill Status of SB 319   95th General Assembly

Short Description:  REAL PROP ELECTRONIC RECORDING

Senate Sponsors
Sen. William R. Haine

House Sponsors
(Rep. Sidney H. Mathias-Barbara Flynn Currie)


Last Action  View All Actions

DateChamber Action
  8/27/2007SenatePublic Act . . . . . . . . . 95-0472

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Uniform Real Property Electronic Recording Act. Provides that a recorder may 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 certain requirements. Provides that, if a law requires a document eligible to be recorded in the recorder's land records to be an original, on paper or other tangible medium, or 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 Illinois Electronic Recording Commission shall adopt standards to implement the Act. Provides specific requirements concerning recording, conversion of documents, administration, standards, and other matters.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause with substantially similar provisions, but with changes that include the following: (1) provides that a county recorder may furnish access to recorded documents through the Internet for a fee; (2) provides that there will be an Illinois Electronic Recording Commission made up of 9 commissioners, as follows: the Secretary of Financial and Professional Regulation, 5 county recorders selected by the Illinois Association of County Clerks and Recorders, and 3 others, one each appointed by the Illinois Land Title Association, the Illinois State Bar Association, and the Illinois Mortgage Bankers Association; (3) provides the terms, rules, and replacements for the commissioners; (4) provides that the Commission will adopt State-wide recording standards; (5) provides that funding for the Commission may be from federal, State, local governmental, and private sources; and (6) deletes Section that states that construction of the Act must give consideration to the need for uniformity among the states that enact it. Effective immediately.

House Amendment No. 1
Replaces everything after the enacting clause with provisions similar to those of the engrossed bill, with the following changes: provides that a county recorder implementing the Act shall comply with Illinois Electronic Recording Commission standards and the Local Records Act; establishes, within the Office of the Secretary of State (instead of within the Department of Financial and Professional Regulation), the Illinois Electronic Recording Commission, consisting of the Secretary of State or his or her designee and 14 commissioners (instead of 9 commissioners) appointed by the Secretary of State, to adopt standards to implement the Act (rather than having the Department adopt those standards); 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.

Actions 
DateChamber Action
  2/7/2007SenateFiled with Secretary by Sen. William R. Haine
  2/7/2007SenateFirst Reading
  2/7/2007SenateReferred to Rules
  2/21/2007SenateAssigned to Judiciary Civil Law
  3/1/2007SenateHeld in Judiciary Civil Law
  3/5/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  3/5/2007SenateSenate Committee Amendment No. 1 Referred to Rules
  3/8/2007SenateHeld in Judiciary Civil Law
  3/13/2007SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. William R. Haine
  3/13/2007SenateSenate Committee Amendment No. 2 Referred to Rules
  3/13/2007SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary Civil Law
  3/13/2007SenateSenate Committee Amendment No. 1 Adopted
  3/14/2007SenateDo Pass as Amended Judiciary Civil Law; 009-000-000
  3/14/2007SenatePlaced on Calendar Order of 2nd Reading March 15, 2007
  3/20/2007SenateSecond Reading
  3/20/2007SenatePlaced on Calendar Order of 3rd Reading March 21, 2007
  3/29/2007SenateThird Reading - Passed; 058-000-000
  3/29/2007SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  3/29/2007HouseArrived in House
  3/29/2007HousePlaced on Calendar Order of First Reading
  3/29/2007HouseChief House Sponsor Rep. Sidney H. Mathias
  3/29/2007HouseFirst Reading
  3/29/2007HouseReferred to Rules Committee
  4/17/2007HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
  4/30/2007HouseAssigned to Executive Committee
  5/14/2007HouseRe-assigned to Judiciary I - Civil Law Committee
  5/18/2007HouseCommittee Deadline Extended-Rule 9(b) May 25, 2007
  5/23/2007HouseHouse Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  5/23/2007HouseHouse Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  5/23/2007HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 011-000-000
  5/23/2007HousePlaced on Calendar 2nd Reading - Short Debate
  5/24/2007HouseSecond Reading - Short Debate
  5/24/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/29/2007HouseThird Reading - Short Debate - Passed 116-000-000
  5/30/2007SenateSecretary's Desk - Concurrence House Amendment(s) 01
  5/30/2007SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01 - May 31, 2007
  5/30/2007SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. William R. Haine
  5/30/2007SenateHouse Amendment No. 1 Motion to Concur Referred to Rules
  5/30/2007SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Judiciary Civil Law
  5/31/2007SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Civil Law; 007-000-000
  5/31/2007SenateHouse Amendment No. 1 Senate Concurs 058-000-000
  5/31/2007SenatePassed Both Houses
  6/29/2007SenateSent to the Governor
  8/27/2007SenateGovernor Approved
  8/27/2007SenateEffective Date August 27, 2007
  8/27/2007SenatePublic Act . . . . . . . . . 95-0472

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